1994-20RESOLUTION NO. PC 94-20
A RESOLUTZON OF THE PLANNZNG COMMZSSZON
APPROVZNG A DESZGN REVZEW PER~ZT FOR THE PROPOSED CONSTRUCTZON OF
TWO ATTACHED SZNGLE-F~ILY RESIDENCES (T~INHOME), INCLUDING
DESIGN REVIEW FOR AUTHORZTY TO EXCEED THE STi~I'DARD HEZGHT
ENVELOPE, FOR THE PROPERTY LOCATED AT 2340 I~D~NCHESTER AVE
(CASE NUMBER 94-164 DR)
WHEREAS, a request for. consideration of a design review permit
including authority to exceed the standard height envelope was
filed by Michael Dalton to allow construction of two proposed
attached single-family residences, including a request to exceed
the standard height envelope for portions of the roof of the
twinhome otherwise limited to 22 ft. to be approximately 24.5 ft.
in height, with the chimney rising an additional 2 ft., in
accordance with Chapters 23.08 and 30.10 of the City of Encinitas
Municipal Code, for the property located in the R-11 zone at 2340
Manchester Ave., legally described as:
Lots 13 and 14 in Block 16 of Cardiff, in the City of
Encinitas, County of San Diego, State of California, According
to the Map Thereof No. 1298, Filed in the office of County
Recorder of San Diego County, November 14, 1910.
WHEREAS, a public hearing on the applicaiotn was conducted on
by the Cardiff-By-The-Sea Community Advisory Board on October 25,
1994, at which time the Board voted to refer the item to the
Planning Commission with direction that the record reflect Board
concern as to the "overall height of the structure"; and
WHEREAS, a public hearing was conducted by the Planning
Commission on November 17, 1994, and;
WHEREAS, the Commission considered:
The October 25, 1994 staff report to the Community
Advisory Board with attachments;
The November 17, 1994 staff report to the Planning
Commission with attachments;
Application and project plans consisting of line-of-sight
diagrams, site/landscape plan, floor plans, and exterior
elevations consisting of 4 sheets dated received
September 23, 1994;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing; and
WHEREAS, the Planning Commission made the following findings
pursuant to Sections 23.08.070 and 30.16.10 (B. 7b.) of the
Encinitas Municipal Code:
(SEE ATTACHMENT "A" )
CD/tc/10/94164DR.RE2 (11-18-94)
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Encinitas hereby approves application 94-164 DR subject
to the following conditions:
(SEE ATTACHMENT "B")
PASSED AND ADOPTED this 17th day of November, 1994, by the
following vote, to wit:
AYES: Jacobson, Lanham, Rotsheck, Patton
NAYS: None
ABSENT: Bagg
ABSTAIN: None
st. er H. ~g
ATTEST:
Sandra Holder
Secretary
CD/tc/lO/94164DR.RE2 (11-18-94)
ATTACHMENT "A"
Resolution No. PC 94-20
Case No. 94-164 DR
&pplicant= Michael Dalton
Findings: (Code Section, Factual Circumstances, Reasoning,
Conclusion)
a. The project design is consistent with the General Plan, a
specific Plan, and the provisions of this Code.
Facts: Single-family attached residential development
(i.e. twinhomes) are allowed by right in the Rll zone in
the General Plan and in accordance with Chapter 30.09
(zone definitions) of the Municipal Code. Section
30.16.010 (A.) allows for one 5 ft. setback and one 0 ft.
setback when attached single-family units are proposed.
Design review for this type of development is required
under Chapter 23.08 of the Municipal Code, and authority
to exceed the standard height envelope is required in
accordance with Section 30.16.010 (B.7) since portions of
the proposed development which would be limited to a
standard height envelope of 22 ft. are approximately 24.5
ft. high, with the chimney rising an additional 2 ft.
The project complies with all of the other technical
development standards set forth in Chapter 30.10 of the
Municipal Code. There is no applicable Specific Plan.
Conclusion: With approval of the required Design Review
and Design Review for Authority to Exceed Standard Height
Envelope permits, this project is thus in full compliance
with all Municipal Code and General Plan provisions.
b. The project design is substantially consistent with the
Design Review Guidelines.
Discussion: In terms of site design (Municipal Code
Section 23.08.074), the project involves removal of an
existing building and construction of the new twinhome
with negligible changes to the existing topography of the
site. The project takes access from an alley to the rear
(west), thus largely separating vehicular and pedestrian
movements. As is further discussed below under "Findings
to Exceed Standard Height Envelope" the project will
preserve existing significant views to the extent
practical in that westerly views from the one-story home
directly across Manchester to the West are already
impeded by the one story home on the subject property and
views through the site from other two-story buildings to
the north and south of that building are largely direct
to the west and not through the subject property.
CD/tc/10/94164DR.RE2 (11-18-94)
In terms of building design (Municipal Code Section
23.08.076), the building is modest in scale (it is
limited because of FAR regulations to 1250 sq. ft. of
each of the 2,500 sq. ft. lots) and is thus in scale with
the site and the surrounding area which contains many
larger two-story structures. The modern design of the
building (consisting of an off-white/mauve stucco
exterior with white accents and railings, along with
galvanized silver curved roof elements) is carried out
consistently among all elevations in terms of
architectural design, materials, and color.
With regard to landscape design (23.08.077) the landscape
materials selected are predominantly drought-tolerant
once established and, when planted in accordance with the
size requirements set forth in the conditions of this
resolution, will achieve a mature appearance within 3
years. Landscape materials have been used to accomplish
screening of the driveway areas accessing the alley.
Conclusion: It is the opinion of the Planning Commission
that the proposal is in substantial compliance with the
City's adopted design criteria.
The project would not adversely affeot the health,
safety, or general welfare of the community.
Discussion: The project provides adequate on-site
parking and is in scale with the site and surrounding
areas. No aspect of the use has been identified which
would have any significant adverse affect on the health,
safety, or general welfare of the community.
Conclusion: The Commission finds that this project will
not adversely affect the health, safety, or general
welfare of the community.
de
The project would not cause the surrounding neighborhood
to depreciate materially in appearance or value.
Conclusion: The Commission finds that the proposed
development will upgrade the appearance of the site and
thus will cause no material depreciation to the
appearance or value of the surrounding neighborhood.
Findings for Authority to Exceed Standard Height Envelope
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
CD/tc/10/94164DR.RE2 (11-18-94)
significant views enjoyed by residents of nearby properties, and
that the building is compatible in bulk and mass with buildings on
neighboring properties."
Facts: The applicant proposes to construct a two-story
attached single-family structure (twinhome). Flat portions of
the roof and other elements not qualified to exceed a standard
envelope of 22 ft. under Municipal Code Section 30.16.010 rise
to a maximum height of approximately 24.5 ft. with chimneys
rising an additional 2 ft.
Discussion: In terms of view protection, available views from
neighboring properties in this vicinity are primarily toward
the west. The line-of-sight diagrams submitted with the
project plans indicate that views from the one-story residence
directly across Manchester are impeded and would be impeded by
any one or conforming two-story structure built on the subject
site. Views from the two-story building to the immediate
south of that home through the subject property would be
diagonal views largely impeded by the two story duplex
adjacent to the north of the subject site. Views from the one
story residence across Manchester in a northwest direction are
diagonal views which would be impeded by any conforming one or
two story structure. Other nearby residential areas moving
eastward which presently enjoy westward views are higher in
elevation and should be able to maintain most of their
significant views. Thus, the majority of significant views
enjoyed in the area should be maintained.
In terms of bulk and mass, there are numerous large, two story
structures in the area, including one adjacent to the north of
the subject property.
Conclusion: Therefore, the Commission finds that construction
of the residence as proposed will preserve some of the
significant views enjoyed by other properties in the area and
is compatible in bulk and mass with neighboring properties.
CD/tc/10/94164DR.RE2 (11-18-94)
ATTACHMENT
CONDITIONS OF ~PPROV~L
Resolution No. PC 94-20
Case No. 94-164 DR
&pplicant= Michael Dalton
I. SPECIFIC CONDITIONS
ao
The applicant shall execute and record a covenant setting
forth the terms and conditions of this approval prior to
permit issuance.
Be
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 complies with this design review permit.
Ce
In order to achieve a mature appearance within 3 years as
discussed in Chapter 23.08 of the Municipal Code (Design
Review Guidelines), building plans shall indicate all
trees in the approved landscape plan to be of a minimum
15 gallon size and all shrubs of a minimum 5 gallon size
to the satisfaction of the Community Development
Department prior to permit issuance.
II. STANDARD CONDITIONS
1. GENEI~AL CONDITIONS
ae
This approval will expire in two years on November 17,
1996, at 5:00 p.m. unless the conditions have been met,
or an extension has been approved by the Authorized
Agency.
Be
This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
Ce
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.
De
Permits from other agencies will be required as follows:
California Coastal Commission.
E®
Project is approved as evidenced by the project plans
including site/landscaping plan, floor plans, exterior
elevations, and line-of-sight cross-sections consisting
of four sheets dated received by the City of Encinitas on
CD/tc/10/94164DR. RE2 (11-18-94)
September 23, 1994, and signed by a City Official as
approved by the Planning Commission on November 17, 1994
and shall not be altered without Community Development
Department review and approval.
APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A®
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 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.
Bo
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
~PPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
ao
ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure. The
height of numbers shall conform to Fire District
Standards.
Be
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.
Ce
SMOKE DETECTORS: Smoke detectors shall be inspected by
the Fire District.
~PPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the formation
of an assessment district to fund the installation of
right-of-way improvements, including alley improvements.
CD/tc/10/94164DR.RE2 (11-18-94)