1997-36
-
RESOLUTION NO. PC 97-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ENCINIT AS APPROVING
A MAJOR USE PERMIT MODIFICATION, DESIGN REVIEW PERMIT
AND COASTAL DEVELOPMENT PERMIT
FOR A SECOND STORY EXPANSION AND MEZZANINE ADDITION
FOR AN EXISTING UNIT WITHIN THE
SEABLUFFE CONDOMINIUM DEVELOPMENT
~CHINCLUDESAREQUESTTO
EXCEED THE STANDARD 26 FOOT HEIGHT ENVELOPE
BY A MAXIMUM OF 7"FORA TOTAL HEIGHT OF 26'-7"
FOR PROPERTY LOCATED AT 1825 WILTON ROAD.
(CASE NO. 97-024 MUPIMOD/CDP)
(pREVIOUS SAN DIEGO COUNTY CASE NO. P71-242)
WHEREAS, James T. Troup applied for a Major Use Pennit Modification, Design Review
Pennit and Coastal Development Permit to allow for a second story expansion and mezzanine
addition for an existing unit within the Seabluffe Condominium Development which includes a
request to exceed the standard 26 foot height envelope by a maximum of 7" pursuant to Chapter
30.74 Use Permits, Section 30.16.01OB7.d (Exceeding Standard Height Envelope), and Chapter
30.80 Coastal Development Permits of the Municipal Code of the City of Encinitas; for property
located at 1825 Wilton Road, Encinitas, further described as:
Residential Lot 171 and Garage Lot No. 172, of Sea Bluffe Village, in the City of
Encinitas, County of San Diego, State of California, according to Map thereof No.
7274, filed in the Office of the County Recorder of San Diego County on May 3,
1972, together with all structures, improvements and appurtenances thereon.
WHEREAS, a public hearing was conducted on the application by the Planning
Commission on April 10, 1997 and June 12, 1997 (continued without discussion), and July 10,
1997, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
cdIDURPC97024.736 (FINAL 7/11197) 1
.~..." " .
PASSED AND ADOPTEp this. 1 Qth day of July 1997, by the following vote, to wit:
AYES: Commissioners Jacobson, Wells, Bagg, Lanham and Patton
NAYS: None "
ABSENT: None
ABSTAIN: None
ATTEST:
- ~ Q ) ~a.c[f4A~A
Sandra Holder, Secretary
cd/DL/RPC97024.736 (FINAL 7/11/97) 3
ATTACHMENT "A"
RESOLUTION NO. PC-97-36
FINDINGS FOR APPROVAL OF A
MAJOR USE PERMIT MODIFICATION (CHAPTER 30.74),
A DESIGN REVIEW PERMIT FOR A
REQUEST TO EXCEED THE STANDARD
26 FOOT HEIGHT ENVELOPE
PURSUANT TO SECTION 30.16.010B7.d,
AND A COASTAL DEVELOPMENT PERMIT (CHAPTER 30.80)
OF THE ENCINIT AS MUNICIPAL CODE
(CASE NO. 97-024 MUP/MOD/CDP)
Standard: Municipal Code Section 30.74.070 provides that an application for Use Permit
shall be approved unless findings of fact are made based upon the information presented in
the application or during the hearings which support one or more of the following
conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent
uses, residences, buildings, structures or natural resources, with consideration given
to, but not limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources
of the City;
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of this Code;
3. The project fails to comply with any other regulations, conditions or policies imposed
by this code.
No substantial evidence has been submitted to support any of the above conclusions.
cd/DLlRPC97024.736 (FINAL 7/11/97) 4
c
Standards: A decision to approve a request to Exceed the Standard 26 foot Height Envelope
must be based upon the written findings found in Section 30.16.010B7.d of the Municipal
Code:
1. The portion of the building outside of the standard 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 project is proposed for an existing "C" unit within the Seabluffe Condominium Project
and includes a 291 square fOQt second story addition in the master bedroom to accommodate a
sitting room, additional closet space and additional master bath space. A 231 square foot
mezzanine addition is also proposed which accommodates an office open to the master bedroom
below. A 21 square foot first story addition is also proposed in order to increase the existing entry
area on the rust floor. The project originally requested authorization to exceed the standard 26 foot
height envelope to allow a total height of 27' -3"; the project was redesigned which reduced the
building height. The project is now requesting authorization to exceed the standard 26 foot height
envelope by 7" for a total height of 26' -7". TIle project was redesigned to remove the appearance
of a third story element. In short, the mezzanine was maintained as part of the project design,
however the appearance of a third story element was eliminated by continuing the second story
roofline and shifting the mass of the building approximately 5 feet to the west. The height of the
structure was reduced by approximately 8" for a total height of 26' -7". As part of the redesign
additional area (158 sq. ft.) was added to the second story level and the mezzanine was also
increased by approximately 42 sq. ft. The increased area occurs on the west elevation of the
structure.
The proposed second story addition will extend the existing second story roofline approximately
9.5' whereby it is flush with the south elevation. The portion of the second story addition which
does not include the mezzanine will now maintain a height of 24' -6' which is one foot above the
23' -6' height currently maintained by the structure. The second story roofline which includes the
proposed mezzanine addition will maintain a height of26' -7", this will increase the existing height
by approximately 3' -1". Plywood siding, wood trim, and a composition shingle roof is proposed
in beige/neutral tones to match the existing structure.
Discussion: No view impacts are evident in association with the subject project. The subject
project would not affect any significant view of the ocean currently maintained by units which are
located to the north, south or west of the subject unit. The units to the east which are located
behind the subject unit are situated significantly lower and do not currently maintain a ocean view.
Therefore the first finding related to exceeding the standard height envelope could be made in that
the portion of the building outside of the standard height envelope maintains some of the significant
views enjoyed by residents of nearby properties.
cdIDLlRPC97024.736 (FINAL 7/11/97) 5
Story poles were erected on the subject structure outlining the proposed addition and a model was
constructed to provide evidence depicting that the redesigned project is compatible in bulk and
mass with surrounding properties. As evidenced on a height survey, submitted by the project
architect which is on file in the Community Development Department, there are 125 properties in
the Seabluffe Development (or 49% of the development) which maintain heights between 25' -6" to
31' -6". The mezzanine addition will increase the existing height currently maintained by the
highest ridgeline of the subject unit by approximately 3' -1" for a total height of 26' -7". The
proposed mezzanine addition is now a part of an extension of the existing second story roofline
rather than a separate element atop the existing second story roofline as originally designed. The
addition continues the existing roof pitch and pushes the addition to the west whereby the bulk and
mass is lessened on the east elevation which is prominently viewed ftom Picadilly Road. The
proposed addition appears as an integral part of the duplex structure and blends with the
surrounding Sea Bluffe development
Conclusion: The Planning Commission finds that the redesigned project as proposed maintains
some of the significant views. enjoyed by residents of nearby properties and is compatible in bulk
and mass with buildings on neighboring properties within the Seabluffe Development.
cd/DLlRPC97024.736 (FINAL 7/11/97) 6
,.
Standard: A decision to approve a Coastal Development Permit must be based upon the
written findings found in Section 30.80.090 of the Municipal Code:
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 21000 and foUowing
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.
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 subject project is for a Major Use Pennit Modification, Design Review and Coastal
Development Pennit request for a proposed second story expansion and mezzanine addition for an
existing unit within the Seabluffe Condominium Development (Original County Use Permit No.
P71-242). The project originally included a request to exceed the standard 26 foot height envelope
to allow a total height of 27' -3"; the project was redesigned which reduced the building height. The
project now includes a request to exceed the standard 26 foot height envelope by 7" for a total
height of 26-7". The subject site is located within the Coastal Zone, and is located within the
Coastal Commission's Appeal Zone.
Discussion: Finding No.. 1 requires the project to be consistent with the certified Local Coastal
Program of the City of Encinitas. With thF Major Use Permit Modification and with authorization
to exceed the standard height envelope, thè subject proj~t will conform with the provisions of the
Local Coastal Program which includes the General Plan and appropriate Chapters of the Municipal
Code. There are no potentially significant adverse impacts associated with the project, therefore
Finding No.2 is not applicable. Related to Finding No.3, the subject site is located within the Sea
Bluffe Condominium Development which does maintain coastal bluffs and which is adjacent to the
Pacific Ocean. Although there is a stairway providing private beach access within the Sea Bluffe
Condominium Development, which was authorized by .the County of San Diego, the project site
does not currently provide public access to the shore, and the project does not propose any public
access or public recreational facilities. Public access or public recreational facilities are not feasible
since the project is within a private, gated condominium project which maintains private roads (as
authorized by the County of San Diego). Therefore no condition requiring public access is imposed
with the project. Public access to the shore is available in the vicinity to the south with the
Grandview Beach Access and to the north with the Ponto State Beach. Since there was not public
access through the property prior to this application, the ability of the public to access the shore is
not adversely impacted with this application.
cd/DL/RPC97024.736 (FINAL 7/11/97) 7
Conclusion: The Planning Commission finds that 1) the project is consistent with the certified
Local Coastal Program of the City of Encinitas; 2) that required finding No.2 is not applicable
since no significant adverse impact is associated with the project; and 3) the providing of public
access or recreational facilities is not feasible or appropriate for this project.
cd/DL1RPC97024.736 (FINAL 7/11/97) 8
ATTACHMENT"B"
RESOLUTION NO. PC-97-36
CONDITIONS OF APPROVAL
Applicant: James Troup
Case No.: 97-024 MUP/MODIDRlCDP
Subject: Conditions of approval for a Major Use Permit Modification, Design Review and
Coastal Development Pennit request for a proposed second story expansion and
mezzanine addition for an existing unit within the Seabluffe Condominium
Development (Original County Use Permit No. P71-242). The project also includes
a request to exceed the standard 26 foot height envelope by 7" for a total height of
26' -7"
Location: 1825 Wilton Road
A. SPECIFIC CONDITIONS
1. The conditions of approval pursuant to the San Diego County approval of Major
Use Permit No. P71-242 dated effective August 30, 1971 still apply to the subject
development, the conditions contained herein augment the original conditions of
approval.
2. This approval relates solely to the individual "C" Unit located at 1825 Wilton Road;
a Major Use Permit Modification, Design Review and Coastal Development Permit
is required in conformance with the City of Encinitas Municipal Code in effect at
the time of application for any other "C" Unit desiring to complete the same project.
3. Prior to issuing a final inspection on ftaming, the Community Development
Department shall receive ftom the applicant a survey ftom a licensed surveyor or a
registered civil engineer verifying the building height is in. compliance with the
Major Use Pennit, Design Review Permit and Coastal Development Permit and the
approved building plans.
4. The property owner shall execute and record a covenant setting forth the terms and
conditions of this approval to the satisfaction of the Community Development
Director.
B. GENERAL CONDITIONS
1. This approval will expire in two years, on July 10, 1999, at 5:00 p.m., unless the
conditions have been met or an extension has been .approved by the Authorized
Agency.
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2. This approval may be appealed to the City Council within 15 calendar days ftom the
date of this approval. This approval by the Planning Commission is also appealable
to the Coastal Commission. Appeals to the Coastal Commission must be filed
within 10 working days after the Coastal Commission has received mailed notice of
final local action. Applicants will be notified by the Coastal Commission as to the
date of the conclusion of the Coastal Commission's appeal period.
3. At all times during the effective period of this permit, the applicant shall obtain and
maintain in valid force and effect, each and every license and pennit required by a
governmental agency for the operation of the authorized activity.
4. At no time during the effective period of this permit shall the applicant be
delinquent in the payment of lawful assessments relating to the property which is
the subject of this permit.
5. In the event that any of the conditions of this permit are not satisfied, the
Community Development Department shall cause a noticed hearing tp be set before
the authorized agency to determine why the City of Encinitas should not revoke this
permit.
6. Upon a showing of compelling public necessity demonstrated at a noticed hearing,
the City of Encinitas, acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this pennit.
7. Nothing in this permit shall relieve the applicant ftom complying with the
conditions and regulations generally imposed upon activities similar in nature to the
activity authorized by this permit.
8 Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that specifically described in this pennit.
9. Approval of this request shall not waive compliance with any sections of the Zoning
Code and all other applicable City Ordinances in effect at the time of construction
unless specifically waived herein.
10. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fìre Code, and all other applicable codes and ordinances in effect at the
time of building permit issuance if applicable.
11. Project is conditionally approved as submitted as evidenced by the Project Plans
including Site Plan, Floor Plans, Building Elevations, and Building Section, dated
May 20, 1997 and dated received by the City of Encinitas on May 20, 1997,
consisting of three sheets total, and signed by a City Official as approved by the
cd/DLlRPC97024.736 (FINAL 7/11197) 10
Planning Commission on July 10, 1997, and shall not be altered without
Community Development Department review and approval.
12. The applicant shall pay development fees at the established rate. Such fees may
include, but shall not be limited to: Permit and Plan Checking Fees, School Impact
Fees, Water and Sewer Service Fees, Traffic Impact Fees and Drainage Fees.
Arrangement shall be made to the satisfaCtion of the appropriate department or
agency to pay the fees prior to Building Permit issuance.
THE APPLICANT SHALL CONTACT THE ENCINIT AS BUILDING DIVISION
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
C. BUILDING
The applicant shall submit a complete set of construction plans to the Building Division
for plan check processing. The submittal shall include a Soils/Geotechnical Report,
Structural calculations, and State Energy compliance documentation (Title 24).
Construction plans shall include a site plan, a foundation plan, a floor ftaming plan, a
roof ftaming plan, a floor plan, 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 Code). Commercial and multi-
residential construction must also contain details and notes to show compliance with
State disabled accessibility mandates. These comments are preliminary only. A
comprehensive plan check 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.
THE APPLICANT SHALL CONTACT THE ENCINIT AS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
D. FIRE
1. Address numbers shall be placed in a location that will allow them to be clearly
visible ftom the street ftonting the structure. The height of the numbers shall
conform to Fire Department Standards. NOTE: 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 numbers shall be
affixed to this marker.
2. Prior to building pennit issuance. the applicant shall submit a letter nom the Fire
Department to the Department of Community Development stating that all fees,
cd/DLlRPC97024.736 (FINAL 7/11/97) 11
.
including plan check reviews and/or cost recovery fees, have been paid or secured
to the satisfaction of the Encinitas Fire Department.
APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
E. ENGINEERING:
All City Codes, regulations, and policies in effect at the time of building permit issuance
shall apply.
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