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1999-43 RESOLUTION NO. PC 99-43 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A SINGLE F AMIL Y RESIDENCE, WITHIN THE HILLSIDEIINLANDBLUFF OVERLAY ZONE, TO EXCEED THE STANDARD HEIGHT ENVELOPE AND ENCROACH INTO STEEP SLOPES IN EXCESS OF 25 PERCENT GRADE ON A 5,374 SQUARE FOOT PARCEL OF LAND LOCATED AT 2600 MONTGOMERY A VENUE, CARDIFF (Case No. 98-161 DR/CDP; APN: 261-191-16) WHEREAs, a request for consideration of a Design Review Permit and Coastal Development Permit, was filed by John Nommesen to allow for the construction of a single family residence in accordance with Chapters 30.16, 30.34 and 30.80 of the Encinitas Municipal Code, for the property known as 2600 Montgomery Avenue located within the Residential-II (R-ll) Zoning District, and legally described as: PARCEL 2 OF PARCEL MAP NO. 17367, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; and WHEREAS, the Planning Commission conducted a noticed public hearing on the application on August 26, 1999, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The August 26, 1999 agenda report to the Planning Commission with exhibits; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project plans consisting of six sheets dated received by the City of Encinitas on December 15, 1998, including: (1) Site Plan; (2) Floor Plans; (3) Exterior Elevations and (4) Sections; Also included in the application submittal and reviewed by the Planning Commission was one sheet of a colored slope analysis prepared by Resource Development Corporation; and WHEREAs, the Planning Commission made the folloWing findings pursuant to Chapters 30.16,30.34 and 30.80 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") cdItochrsmli:98161 pc I NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 98-161 DR/CDP subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project is categorically exempt from environmental review pursuant to Section 15303 of California Environmental Quality Act (CEQA) Guidelines. PASSED AND ADOPTED this 26th day of August 1999, by the following vote, to wit: A YES: Commissioners Bagg, Jacobson, Patton NAYS: Commissioner Crosthwaite ABSENT: Commissioner Birnbaum ABSTAIN: None ATTEST: NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. cdItochrsmli:9816 I pc I ATTACHMENT "A" Resolution No. PC 99-43 Case No. 98-191 DR/CDP FINDINGS FOR AUTHORITY TO EXCEED THE STANDARD HEIGHT ENVELOPE DESIGN REVIEW STANDARD: Section 30.16.010 B(7)(d) of the Encinitas Municipal Code provides that buildings may be approved through the Design Review process for a maximum of thirty (30) feet ü it can be found that the portion of the building outside of the standard height 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: 1. The project design, portions of the building outside the standard height envelope, maintains some of the significant views enjoyed by residents of nearby properties. Facts: The application is a request for Design Review Permit and Coastal Development Permit approval to allow for the construction of a single family residence, to exceed the standard height envelope by a maximum of2.5', on an 5,374 square foot property located in the Residential-II (R-ll) Zoning District. The Residential-II Zoning District allows for single family residences by right on lots with greater than 3,950 square feet. Discussion: The design of the project proposes construction of a single family home that would exceed the standard height envelope. Story poles were erected on the site to depict the outline and ridge line of the proposed home. Several letters of concern were received from adjacent property owners stating that this proposed structure would significantly impact views from their properties. Based on site analysis, it appears that portions of view corridors from adjacent residences will be impacted by the proposed home. Views would be impacted even if a home that meets the standard height envelope were to be built on this site. Portions of whitewater view, horizon view, and lagoon Yiew will be blocked by any two-story Structure built on this parcel. It does not appear that the portion of the proposed home that would exceed the standard height envelope would significantly block primary views from neighboring properties. Some of the significant views from adjacent homes will be maintained. This Design Review rIDding can only address view potentially impacted from the portion of the structure above the standard height limit of 16' above the crown/centerline of the access easement. Conclusion: Therefore, the Planning Commission finds that the portion of the building outside the standard height envelope maintains some of the significant views enjoyed by residents of nearby properties. 2. The building is compatible in bulk and mass with buildings on neighboring properties. Facts: The application is a request for Design Review Permit and Coastal Development Permit approval to allow for the construction of a single family residence, to exceed the cdltochrsmli:98161 pc 1 standard height envelope by a maximum of 2.5' , on an 5,374 square foot property located in the Residential-II (R-ll) Zoning Distric~. The Residential-II Zoning District allows for sing~ family residences by right on lots With greater than 3,950 square feet. " ~, DiScussion: The propo~al is for ~new, two-story single family residence of 1,777 sq. ft. ',' The design of the home will include a small, twò-car garage and a lower level that is semi- subterranean. Based on plan analysis, this building does not qualify as a three-story structure. Review of the floor plans reveal that this is a modest single family home in terms of square footage. The R -11 zone in Cardiff generally consists of twin homes, duplexes, and single-family homes. Many of the homes were built prior to City incorporation and exceed the City of Encinitas development regulations in terms of height and overall size (Lot Coverage and FAR). This proposal of 1,777 sq. ft. is consistent in size with other homes in the neighborhood. While canvassing the neighborhood, it became apparent that there are many larger homes located to the north along Montgomery Avenue. The design of the proposed residence utilizes exterior building materials and an architectural design that is compatible with other residential development within the area. This area of Cardiff has many custom homes with a range of differing architectural styles making this portion of south Cardiff unique. The project, at 20% Lot Coverage and 33% FAR, conforms to the 40% Lot Coverage standard and the 60% Floor Area Ratio standard. The proposed development also complies with the R -11 side, front, and rear yard setback requirements. Conclusion: The proposed design of the project reflects a high level of design appearance and will be consistent and compatible, in terms of bulk and mass, with other structures and uses in the neighborhood. 3. Where necessary to maintain a minimum development right (total disturbed area) on existing legal parcels, a deviation in the encroachment allowance of up to 20 percent of the entire parcel may be granted through the Design Review process. Facts: The application is a request for Design Review Permit and Coastal Development Permit approval to allow for the construction of a single family residence, to exceed the standard height envelope, on an 5,319 square foot property located in the Residential-II (R- 11) Zoning District. The Residential-II Zoning District allows for single family residences by right on lots with greater than 3,950 square feet. Discussion: The proposal is for a new, two-story single family residence of 1,777 sq. ft. The Planning Commission must determine that the project site is unique and constrained and, therefore, would warrant an encroachment above the allowance in areas of slope greater or equal to 25 percent grade. The proposed residence would utilize the existing car deck on site as part of its construction. The existing car deck currently encroaches into a sloped area of greater than 25% grade. Based on the slope analysis, this project's encroachment would calculate to 11 % of the total lot area. As proposed, the project is designed to encroach approximately 25% into slope area with a greater than 25% grade. The home would encroach no further west than the footprint of the existing car deck. Due to slope constraints and setback constraints, this would appear to be the only location cd/tochrsmli:98161pçl on the lot to site a home. This area of Cardiff has many custom homes with a range of differing architectural styles making this portion of south Cardiff unique. The project, at 20% Lot Coverage and 33% FAR, conforms to the 40% Lot Coverage standard and the 60% Floor Area Ratio standard. The proposed development also complies with the R-l1 side, front, and rear yard setback requirements. Conclusion: The Planning Commission finds that in order to maintain a minimum development right (total disturbed area) on existing legal parcels, a deviation in the encroachment allowance of 11 percent of the entire parcel is warranted. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.8&.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The application is a request for Design Review Permit and Coastal Development Permit approval to allow for the construction of a single family home within the HillsidelInland Bluff Overlay Zone. The Residential-II (R-ll) Zoning District allows single family homes by right for properties having land area of 3 ,950 square feet or more. Discussion: The required findings for approving a Coastal Development Permit are found in Section 30.80.090 of the Municipal Code. Related to Finding No.1, the project, with Planning Commission Design Review approval, is in conformance with the provisions of the Local Coastal Plan which includes the General Plan and appropriate chapters of the Municipal Code. Related to Finding No.2, the project is categorically exempt from environmental review pursuant to Section 15303 of California Environmental Quality Act (CEQA) Guidelines. Related to Finding No.3, the subject property is not located between the sea and first public road. Therefore, no condition requiring public access is imposed on the project. cdItochrsm/i:98161pcl Conclusion: The Planning Commission finds that the project is designed to be consistent with the City's certified Local Coastal Program, that the project will not result in any significant adverse impacts such that Finding No.2 is not applicable, and that Finding No.3 is not applicable given the location of the subject property. cdItochrsmli:98161 pc I ATTACHMENT "B" Resolution No. PC 99-43 Project No.: 98-161 DR/CDP Applicant: John Nommesen Location: 2600 Montgomery Avenue (APN: 261-191-16) SCI SPECIFIC CONDITIONS: SC2 This approval will expire on August 26,2001 at 5:00 pm, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project plans dated received by the City on December 15, 1998, consisting of six sheets, including: (1) Site Plan; (2) Floor Plans; (3) Exterior Elevations and: (4) Building Sections. Also included in the application submittal and conditionally approved by the Planning Commission was one sheet of a colored slope analysis prepared by Resource Development Corporation. None of the above items shall be altered without express authorization by the Community Development Department. CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: SCF ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Applicant shall pave from Montgomery Avenue to the south property line of Parcel 2 (subject lot). CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: SCE Additional geotechnical investigation will be required at the time of building plan review. Gl STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. cd/toçbrsmli:98161 pc 1 " G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Community Development Director. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G7 Prior to issuing a fmal 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 approved plans. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire MitigationlCostRecovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire MitigationlCostRecovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. Bl BUILDING CONDITIONS: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2 The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliancedocwnentation (Title 24). Construction plans shall include a site plan, a foundation pl~ floor and roof framing plans, floor plans, section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. Fl FIRE CONDITIONS: CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: cdItochrsm/i:98161 pc 1 .. FA A Class "A" roof shall be depicted on building plans through the standard plan check process. F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the installation of automatic fIre sprinkler systems for structures accessed by such a roadway. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the address numbers shall conform to Fire Department Standards. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to issuance of building permits. . cdltochrsmli:98161 pc I - ,_C