1994-01
RESOLUTION NO. C 94-01
A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING AUTHORITY TO EXCEED THE STANDARD HEIGHT ENVELOPE
PROPOSED SINGLE FAMILY RESIDENCE
LOCATED AT 1375 ESTE VISTA COURT
(CASE NUMBER 93-252 DR)
FOR A
WHEREAS, a request for consideration of authority to exceed
the standard height envelope was filed by Este vista Court Trust to
allow a proposed single-family residence to exceed the standard
height envelope and be a maximum 28.8 ft. in height in accordance
with Chapter 30.10 of the City of Encinitas Municipal Code, for the
property located in the RR-2 zone at 1375 Este vista Court, legally
described as:
Lot 4 of County of San Diego Tract 3975,in the County of San
Diego, State of California, according to Map thereof No.
10406, filed in the office of the County Recorder of San Diego
County June 9, 1982; and
WHEREAS, a public hearing was conducted on the application on
January 25, 1994, by the Cardiff-By-The-Sea Community Advisory
Board; and
WHEREAS, the Board considered:
1.
The January 25, 1994 staff report to the Community
Advisory Board with attachments;
Application and project plans dated received January 4,
1994;
Oral evidence submitted at the hearing;
written evidence submitted at the hearing; and
2.
3.
4.
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.16.10 (B. 7b.) of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Cardiff-By-The-Sea
Community Advisory Board of the City of Encinitas hereby approves
application 93-252 DR subject to the following conditions:
(SEE ATTACHMENT "B")
PASSED AND ADOPTED this 25th day of January,
following vote, to wit:
1994, by the
TC/9/93252DR.RES
(1-20-94)
AYES:
Fullwood, Grossman, MacFall, Sarkozy
NAYS:
None
ABSENT:
None
ABSTAIN:
Crimmins
/
L Lt.
ohn MacFall,
, Chairman of the
Cardiff-By-The-Sea
Community Advisory
~.C/
Board
ATTEST,:" /-----:/ ~
~=-¿:-==_.::~~
Tom Curriden,
Associate Planner
TC/9/93252DR.RES
(1-20-94)
ATTACHMENT "A"
Resolution No. C 94-01
Case No. 93-252 DR
Applicant: Este vista Court Trust
Findings:
Conclusion
(Code Section, Factual Circumstances, Reasoning,
section 30.16.010 (B.7) reads as follows:
"Buildings may be approved through the Design Review process for a
maximum height of 30 ft. if it can be found that the portion of the
building outside the standard envelope maintains some of the
significant views enjoyed by residents of nearby properties, and
that the building is compatible in bulk and mass with buildings on
neighboring properties. II
Facts: The applicant proposes to construct a split-level
residence which at its highest point is 28.8 above adjacent
grade.
Discussion: Available views to neighboring properties would
be in an easterly and southeasterly direction, since the
subject site lies at the easterly end of a short cuI de sac
east of Crest Drive. Based upon the evidence presented in the
application in the form of plans and a line-of-sight analysis,
as well as at the hearing, the Board determined that the
proposed addition will not impede significant views since the
portion of the home exceeding the standard envelope is lower
than more westerly portions of the home conforming with the
standard height envelope, and both are below the line-of-sight
(5 ft. above top finished floor) of the neighboring properties
which could be effected. The second floor of the home on the
adjoining property to the north is located across from the one
story portion of the proposed home and would thus be able to
maintain views over it. In terms of bulk and mass
compatibility with neighboring properties, the Board
determined that the proposed home would be compatible since it
will appear as one story from most public areas and many of
the neighboring homes are higher two story homes.
Conclusion: Therefore, the Board finds that construction of
the residence as proposed will not adversely impact the
significant views enjoyed by other properties in the area and
is compatible in bulk and mass with neighboring properties.
TC/9/93252DR.RES
(1-20-94)
Applicant:
Case No:
Subject:
Location:
RESOLUTION NO. C 94-01
CONDITIONS OF APPROVAL
ATTACHMENT
"B"
Este Vista Court Trust
93-252 DR
Design Review/Authority to Exceed Conditions
1375 Este vista Court
A.
SPECIFIC CONDITIONS
1.
II.
The applicant shall execute and record a covenant
setting forth the terms and conditions of this
approval prior to permit issuance.
B.
Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
that the building height is in compliance with the
design review permit.
C.
The applicant shall submit complete construction
plans to the Building Division for review. The
submittal shall include structural calculations and
details, complete framing plans and details, a site
plan arid floor plans showing State mandated
disabled access requirements, State energy
compliance documentation and a soils report to
include recommendations for the design of the
foundation. Submitted plans will be reviewed for
compliance with State Title 24, the 1991 Editions
of the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Plumbing Code, and the
1990 Edition of the National Electrical Code.
Please note that project review comments are not
intended to be a comprehensive plan review of
applicable Building Codes and additional comments
will be made after plans have been submitted to the
Building Division for plancheck.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
TC/9/93252DR.CND
This approval will expire in two years on January
25, 1996, at 5:00 p.m. unless the conditions have
been met, or an extension has been approved by the
Authorized Agency.
B.
This approval may be appealed to the authorized
agency wi thin 15 calendar days from the date of
this approval.
(1-17-94)
C.
D.
E.
Approval of this request shall not waive compliance
with any sections of the Municipal Code and all
other applicable City Ordinances in effect
at the time of Building Permit issuance unless
specifically waived herein.
Permits from other agencies will be required as
follows: California Coastal Commission.
Project is approved as evidenced by the project
plans including site plan, floor plans, and
elevations consisting of five sheets and line-of-
sight diagram consisting of one sheet all dated
received by the City of Encini tas on January 4,
1994, and signed by a City Official as approved by
the Cardiff Community Advisory Board on January 25,
1994 and shall not be altered without Community
Development Department review and approval.
APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
DEPARTMENT
A.
SITE DEVELOPMENT
The applicant shall pay development fees at the
established rate. Such fees may include, but not
be I imi ted to: permi t and Plan Checking Fees,
Water and Sewer Service Fees, School Fees, Traffic
Fees, Drainage Fees and Park Fees. Arrangements to
pay these fees shall be made prior to building
permit issuance to the satisfaction of the
Community Development Department.
B.
Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
TC/9/93252DR.CND
ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure.
The height of numbers shall conform to Fire
District Standards. Where structures are located
off a roadway on long driveways, a monument shall
be placed at the entrance where the driveway
intersects the main roadway. Permanent numbers
shall be affixed on this marker.
(1-17-94)
TC/9/93252DR.CND
B.
RECORDATION: Prior to final development approval,
the applicant shall submit to the Community
Development Department a letter from the Fire
District stating that all development impact, plan
check and/or cost recovery fees have been paid or
secured to the satisfaction of the Fire District.
C.
SMOKE DETECTORS: Smoke detectors
inspected by the Fire Department.
shall
be
D.
GATES: All automatic gates across fire access
roadways shall be equipped with a Fire Department
approved emergency key operated switch that will
override all command functions and open the gate.
Gate accessing four or more residential lots shall
also be equipped with emergency traffic control
activating strobe sensor(s) which will activate and
open the gate upon the approach of emergency
apparatus. All automatic gates shall be tested by
the Fire Department prior to their being left in
the closed position. Plans for all gates shall be
submitted to the Encinitas Fire Prevention Bureau
for approval.
E.
FUEL MODIFICATION: The applicant shall submit to
the community Development Department a letter from
the Fire District stating that required fuel/fire
breaks have been provided to the satisfaction of
the District.
F.
AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall
be protected by an automatic fire sprinkler system
installed to the satisfaction of the Fire District.
(1-17-94)