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")
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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.
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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
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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.
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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
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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.
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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.
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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.
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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:
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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.
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