1996-28
RESOLUTION NO. PC-96-28
RESOLUTION OF THE ENCINITAS PLANNING COMMISSION
DENYING A DESIGN REVIEW AND COASTAL DEVELOPMENT PERMIT
TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING PROPOSED
TO EXCEED THE STANDARD HEIGHT ENVELOPE FOR PROPERTY LOCATED AT
405 LIVERPOOL DRIVE
(APN 260-411-01)
(CASE NUMBER 96-105 DR/CDP)
WHEREAS, a request for consideration of a Design Review and Coastal Development
Pennit was filed by Stephan and Beth Beck for the construction of a single family dwelling
proposed to exceed the standard 16 ft. height envelope for properties exceeding a 10% slope, in
accordance with Chapters 30.16.01OB-7-d (design review) and 30.80 (coastal pennits), of the City
ofEncinitas Municipal Code, for the property located at 405 Liverpool Drive, legally described as:
(SEE AITACHMENT "A")
WHEREAS, a public hearing was held by the Planning Commission on August 22, 1996,
and all persons desiring to be heard were heard; and
WHEREAS, the Planning Commission considered without limitation:
1. The Planning Commission staff report dated August 22, 1996;
2. The application and associated materials dated received by the City June 20, 1996;
3. Project plans including site plan, floor plans, and elevations, consisting of 6 sheets
dated received by the City June 20, 1996.
4. Citizen correspondence submitted.
5. Oral and written evidence submitted at the hearing;
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
30.16.01OB-7-d (design review) and 30.80 (coastal permits) ofthé Encinitas Municipal Code:
(SEE AITACHMENT liB ")
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Encinitas that Design Review 1 Coastal Development Pennit application 96-105 DR/CDP is
hereby denied.
PASSED AND ADOPTED this 22nd day of August, 1996 by the following vote, to wit:
AYES: Bagg, Jacobson, Lanham, Patton, Wells
NAYS; None
ABSENT: None
ABSTAIN: None
ce Jacobson, C
Planning Commissi
ATTEST:
- ~ új~A.A. ~
Sandra Holder
Secretary
ATTACHMENT "A"
RESOLUTION NO. PC-96-28
LEGAL DESCRIPTION
(CASE NO. 96-105 DR/CDP)
Lots 1 & 2, Block "£" of Cardiff, in the City of Encinitas, in the County of San Diego,
State of California, according to the Map thereof No. 1298, filed in the Office of the
County Recorder of San Diego County, November 14, 1910.
ATTACHMENT "B"
FINDINGS
RESOLUTION NO. PC 96-28
(CASE NO. 96-105 DR/CDP)
FACTS: Section 30.16.010B-7-d of the Municipal Code states that buildings may be approved
through the Design Review process to exceed the standard height envelope up to a maximum of
thirty (30) feet if it can be found that (1 ) "the portion of the building outside of the standard
envelope maintains some of the significant views eqjoyed by, residents of nearby properties"~ and
(2) "that the building is compatible in bulk and mass with buildings on neighboring properties".
The project proposes to construct a new single family dwelling on the project site, in conformance
with all development regulations, with the exception of the standard height envelope, which the
applicant proposes to exceed by approximately 3 ft.
DISCUSSION: According to the applicant, the average slope for the subject property exceeds
10%, and therefore the property is subject to the more restrictive height envelope which pennits
residential structures having pitched roofs to project to a height of 16 ft. as measured vertically
ftom the center of the uphill right-of-way (alley). The roof-ridge of the structure as proposed would
project approximately 3 ft. beyond this 16 ft. envelope.
In order for such an encroachment to be authorized, a detennination must be made that the building
preserves significant views for neighboring properties. Analysis has been made from adjoining
properties and due consideration given to the view impact likely to result ftom the proposed
development, and a detennination has been made that the proposed encroachment would not
preserve significant views to an acceptable degree. In particular, the property located at 2108 &
2110 Edinberg Avenue would be adversely impacted by the proposed development. This property
has experienced an incremental loss of views, as neighboring properties have developed with
various additions. Remaining views for this property are to the north over the proposed
development site, and directly to the west over an existing dwelling. The proposed 3 ft.
encroachment (approx.) would pennit building mass to project directly into and eliminate the
remaining ocean view in this sector as viewed ftom the properties at 2108/2110 Edinberg Ave.
Additionally, the property located at 2104 Edinberg Avenue, located immediately behind (to the
east of) the project site, would experience significant loss of views ftom the primary view conidor
for this residence, with the proposed 3 ft. roof projection encroaching into the ocean view.
CONCLUSION: The Planning Commission finds that the portion of the building proposed to
project outside of the standard envelope would not adequately maintain significant views enjoyed
by residents of nearby properties.