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1989-02 . RESOLUTION NUMBER: L89-02 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS, APPROVING . A DESIGN REVIEW TO ALLOW CONSTRUCTION OF A SECOND STORY ADDITION TO EXCEED THE INTERIM HEIGHT REGULATIONS LOCATED AT 2016 SHERIDAN ROAD (CASE NUMBER 88-336 DR) WHEREAS, a request for consideration of a Design Review was filed by Michael Standefer to allow construction of a second story addition to exceed the interim height regulations of 26 feet by 4 feet, not to exceed 30 feet, pursuant to Chapter 23.08 and Ordinance 87-80 of the City of Encinitas Municipal/Zoning Codes, for the property located at 2016 Sheridan Road, also known as assessor's parcel number 216-03-28 legally described as; SEE ATTACHMENT "A" WHEREAS, public hearings were conducted on the application on . January 12, 1989 and February 16, 1989; and WHEREAS, the Leucadia Community Advisory Board of the City of Encinitas considered: 1. The staff reports dated January 5, 1989 and February 6, 1989; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and 5. The proposed General Plan, Local Coastal Plan, the Zoning Code and maps. WHEREAS, the Leucadia Community Advisory Board of the City of Encinitas made the following findings pursuant to the Municipal Codes: SEE ATTACHMENT liB" . BF/O3/CM8-1237WP5 6 (04-17-89\3) NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that application 88-336 DR . is hereby approved subject to the following conditions: SEE ATTACHMENT "c" BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that this project was found to be exempt from environmental review, Section 15301(e) and 15303 (b) , pursuant to the California Environmental Quality Act (CEQA) , as the proposal is for an addition to an existing residential structure. PASSED AND ADOPTED this 16th day of February, 1989, by the following vote, to wit: AYES: John Eldon, Michael Goldstein, Douglas Harwood NAYS: Bill Dean ABSENT: Nancy Reed . ~ ¿/jet. CI1I1J1L í: Hi hael Goldstein, C irman of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: ~-~ L( lJJ~..j V1Ä<A- Bill Weedman, Senior Planner . BF/O3/CM8-1237WP5 7(2-21-89\2) ATTACHKENT "AI' . PARCEL 1: THAT PORTION OF LOT 8, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 8, DISTANT THEREON NORTH 89°58' EAST 129.91 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 8, BEING A POINT IN THE CENTER LINE OF COUNTY ROAD AS SHOWN ON MAP OF COUNTY ROAD SURVEY NO. 346, IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE NORTH 1°33' WEST 447.13 FEET; THENCE NORTH 88°27' EAST 192.86 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE CONTINUING NORTH 88°27' EAST 191.14 FEET; THENCE SOUTH 1°33' EAST 250.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1°33' EAST 73.51 FEET TO POINT "B" OF THIS DESCRIPTION; THENCE SOUTH 89°29'52' WEST 191.17 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 1°33' EAST 320.78 FEET FROM SAID POINT "A"; THENCE NORTH 1°33' WEST ALONG SAID LINE 72.00 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION THEREOF, IF ANY, HERETOFORE OR NOW LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN OR ANY SO-CALLED ARM OF THE SEA. EXCEPTING ALL MINERALS, OIL, GAS AND OTHER HYDROCARBONOUS . SUBSTANCES WHICH MAY BE IN OR UNDER SAID PREMISES TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO DRILL AND EXPLORE FOR AND DEVELOP, PRODUCE, EXTRACT AND TRANSPORT THE SAME, TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS, RIGHTS OF WAY FOR PIPE LINES AND SITES FOR STRUCTURES THAT MAY BE NECESSARY OR CONVENIENT FOR SUCH PURPOSES, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO LEASE SAID PREMISES OR ANY PART THEREOF TO OTHERS FOR SUCH PURPOSES OR ANY OF THEM, AS EXCEPTED IN THE DEED FROM F. H. TOLLE AND WIFE DATED JANUARY 11, 1929 AND FILED FOR RECORD IN BOOK 1568, PAGE 492 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES, OVER, UNDER, ALONG AND ACROSS A 20.00 FOOT STRIP OF LAND, THE EASTERLY LINE WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT "B" ABOVE DESCRIBED; THENCE SOUTH 1°33' EAST 108.08 FEET TO A PO INT ON THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 346. . BF/O3/CM8-1237WP5 8(2-21-89\2) ATTACHMENT "B" FINDINGS FOR DESIGN REVIEW (SECTION 23.08 MUNICIPAL CODE) . 23.08.072 REGULATORY CONCLUSIONS - GENERALLY. 1. The proposed proj ect design does preserve significant public views of and through the proposed project to the extent possible as the proposed addition will be adjacent to the existing structure, and that the Board has determined that some of the significant views are being maintained for neighboring properties with the project as designed. 2. The project takes advantage of views and/or protects to the extent possible, some of the significant views enjoyed by the residents of nearby properties, since it is proposed to be constructed in a location on the site so as not to block a substantial portion of adjacent significant views. 3. The project design is consistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The proposed project is consistent with the present RS- 3 Zoning, the #4 Residential designation of the present . General Plan and the R-3 Residential designation of the Land Use Policy Map of the City's Draft General Plan as the use is allowed in these designated zones. 4. The project design is substantially consistent with the Design Review Guidelines. Evidence to Consider: The proposal preserves some significant views enjoyed by nearby properties to the full extent practical, reflects an acceptable level of design appearance, takes into consideration the privacy needs of the abutting residential area, incorporates significant landscaping into the project, and otherwise substantially conforms with the City's adopted design criteria. 5. The project will not adversely affect the health, safety or general welfare of the community. Evidence to Consider: Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, a determination that this project is exempt from CEQA per Section 15310(e) has been made. . 6. The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. BF/O3/CM8-1237WP5 9(2-21-89\2) Evidence to Consider: . The Board determined that the project represents a substantial improvement to the subject property and thus will not be materially detrimental to the surrounding neighborhood. 7. The proposed project is compatible in structural size (bulk and mass) to adjacent properties as the proposed structure is two stories and residential in appearance. 8. There is reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studies since the proposed General Plan is consistent with the currently adopted General Plan. 9. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed design is ultimately inconsistent with the plan, since the project is allowed by the proposed General Plan. 10. The proposed project is in conformance with Section 23.08.074 of the Design Review Ordinance relative to Design and site Layout as the proposal is to site the project above the existing home. . 11. The proposed project is in conformance with Section 23.08.076 of the Design Review Ordinance relative to Building Design in that the addition is designed to blend in with the existing structure and incorporate similar finish materials. 12. The proposed project is in conformance with Section 23.08.077 of the Design Review Ordinance relative to Landscape Design in that the proposed project is preserving the existing landscaping. 13. The proposed design complies with all other applicable requirements of state law and local ordinances. . BF/O3/CM8-1237WP5 10(2-21-89\2) ATTACHMENT "C" STANDARD CONDITIONS . APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 1. THROUGH 20.): GENERAL CONDITIONS 1. This approval will expire on February 16,1991, after the approval of this project unless the conditions have been met or an extension has been approved by the authorized agency (agent). 2. This approval may be appealed to the authorized agency (agent) within 10 days from the date of this approval. 3. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be sent before the authorized agency (agent) to determine why the City of Encinitas should not revoke this permit. 4. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency (agent), may add, amend, or delete conditions and regulations contained in this permit. . 5. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 6. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. 7. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 8. This approval shall become null and void if building permits are not issued for this project within two year(s) from the date of project approval. 9. Permits or findings of exemption shall be obtained from other agencies as follows: a. Coastal Commission . 10. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer or licensed surveyor verifying the building height is in compliance with the design review permit. BF/O3/CM8-1237WP5 11(2-21-89\2) " 11. Although the Zoning Ordinance may allow certain building heights as two story structures, the U.B.C. may define . the structure as a three story building requiring an additional exit or other improvements. 12. The application and plan are approved as modified and shall not be altered without authorized agency (agent) review and approval. The plan is dated February 16, 1989, and signed approved by City of Encinitas. 13. For new or additions to residential dwelling unites), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to (as applicable): a. Building permit issuance; or b. Final occupancy inspection. SITE DEVELOPMENT 14. The site shall be developed in accordance with the approved site plans on file in the Planning and Community Development Department and the conditions contained herein. . 15. Revised (if applicable) site plans and building elevations incorporating all conditions of approval or required modifications shall be submitted to and found satisfactory by the Planning and Community Development Department prior to issuance of building permits or any other applicable approvals. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the authorized agency (agent). 17. Prior to any use of the project addition or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of the Planning and Community Development Department. 18. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. . 19. Building elevations, materials and colors are approved as submitted or modified. BF/O3/CM8-1237WP5 12(2-21-89\2) , . 20. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. . APPLICANT SHALL CONTACT TUB PUBLIC WOlUCS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 21. THROUGH 26.): GRADING 21. Grading of the subject property shall be in accordance with the Grading Ordinance. STREETS AND SIDEWALKS (The authorized agency may modify City Standards in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity pursuant to Municipal Code(s).) 22. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the . satisfaction of the Department of Public Works. 23. Prior to any work being performed in the public right- of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. 24. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right- of-way improvements. 25. That all required improvements conform to City Standards. . BF/O3/CM8-1237WP5 13(2-21-89\2)