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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)