1998-15
RESOLUTION NO. PC-98-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ENCINIT AS APPROVING A DESIGN REVIEW
APPLICATION TO ALLOW THREE SINGLE F AMIL Y DWELLINGS
EXCEEDING THE STANDARD HEIGHT ENVELOPE FOR PROPERTY
LOCATED ON 13TH STREET NORTH OF RANCHO SANTA FE ROAD
(CASE NO. 98-015 DR; APN: 264-143-54)
WHEREAS, a request for consideration of a Design Review pennit application was filed by
Michael Galey to allow three detached single family dwellings to exceed the standard height envelope
in accordance with Chapter 23.08 of the Encinitas Municipal Code, for the property located in the RR-
2 Zoning district, legally described as:
Parcels 1, 2 and 4 of Parcel Map No. 17929, in the City of Encinitas, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego County, October
30,1997 as File No. 1997-0544371 of Official Records.
WHEREAS, the Planning Commission conducted a noticed public hearing on the application
on March 12, 1998, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The March 12, 1998, agenda report to the Planning Commission with attachments;
2. The General Plan, Municipal Code, and Associated Land Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project plans dated received by the City on January 27, 1998, consisting of 15 sheets
including site plan, floor plans, and building elevations for plan types 3B4, 2C4 and
2B4, and color schemes; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapter
23.08 and Section30.16.010B7(d)ofthe EncinitasMunicipal Code:
(SEEATTACHMENT"A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 98-0 15DR subject to the following conditions:
(SEE ATTACHMENT liB ")
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(a) of the CalifomiaEnvironmental Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 12th day of March, 1998, by the following vote, to wit:
AYES: Bagg, Jacobson, Lanham, Patton, Wells
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
~ll)~~~
Sandra Holder
Secretary
NOTE: This action is subjectto Chapter 1.04 of the Municipal Code, which specifies time limits for
legal challenge.
ATTACHMENT "A"
Resolution No. PC-98-15
Case No. 98-015DR
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application
for a design review permit must be granted unless, based upon the information presented in
the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
A. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of
the Municipal Code.
Facts: The site is located in the RR-2 zone. Design Review is required for the three proposed
homes pursuant to Section 23.08 of the Municipal Code, and Design Review authority is also
requested to allow the proposed homes to exceed the standard height envelope pursuant to Section
30.16.0 1OB7( d).
Discussion: A review of the application has been conducted by the Community Development
Department and by the Planning Commission and all applicable standards of the Municipal Code
(except as modified by the design review authority to exceed the standard height envelope request
described herein) and goals of the General Plan have been found to be satisfied with the subject
application. The residential use is allowed by right in the RR-2 Zone.
Conclusion: The Planning Commission detennines that the project as proposed is consistent with
the Municipal Code and General Plan. No specific plan is applicable.
B. The project design is substantially inconsistent with the City's Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines with which the
authorized agency must find the project substantially consistent in order to grant approval.
Discussion: 1. Site design: With regard to Design Guidelines 1.1 -1.11, the Commission finds
that the proposed project adequately addresses these required elements. Specifically, regarding
Guideline 1.4, the project adequately provides for views lito the site" in that the project proposes
design elements having substantial building wall variation and utilizes interesting architectural
elements which vary between units, and would therefore present visually interesting building
elevations to the surrounding residential area. With respect to views "through the site", the proj ect
will preserve existing views because general topographical considerations in the area will not place
the subject structures in positions which would block any significant views.
2. Building design: As previously stated, the overall project proposes design elements having
substantial building wall and architectural variation, and would present varied elevations to the
adjacent street, creating a project with a high degree of visual interest, and therefore complies with
Design Review Guidelines 2.1 - 2.12. Regarding Guidelines 2.3 - 2.6, as discussed above, the
project would constitute an enhancementto the property and surrounding area.
3. Landscape Design: Graded slopes will be treated with ground cover, as per the grading pennit
requirements. The home sites will be landscaped as per the individual desires of future OWflers.
Landscaping shall be in place 90 days after occupancy of the homes.
Conclusion: The Commission finds that the building, site, and landscape design substantially
comply with the Design Review Guidelines, and would constitute an enhancement to the project
site and the surrounding area.
C. The project would adversely affect the health, safety, or general welfare ofthe community.
Facts: The project complies with all applicable standards outlined in the Municipal Code, except
as modified by the design review for authority to exceed the standard height envelope request
described herein. The project is exempt from Environmental Review, as per CEQA Section
15303(a).
Conclusion: The Commission finds that the project would not adversely affect the health, safety,
or general welfare of the community.
D. The project would cause the surrounding neighborhood to depreciate materially in appearance or
value.
Facts: The project site consists of a vacant property zoned RR-2 in a neighborhood with existing
lower density development.
Discussion: The proposed project will develop a site with three single-family dwellings on
existing legal lots, in a scale consistent with surrounding development. Because of this
consistency, the proj ect will not result in adverse effects to surrounding properties.
Conclusion: The Commission finds that the project would not cause the surrounding
neighborhood to depreciate materially in appearance or value.
FINDINGS FOR DESIGN REVIEW AUTHORITY TO EXCEED HEIGHT ENVELOPE
STANDARD: Section 30.16.010B7(d) 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 Design Review Authority to
exceed the standard height envelope:
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: Each of the subject three lots exceeds a 10% slope, having a 16 ft. height envelope applicable
for the upper portion of the lots, as well as the standard 26 ft. envelope applicable to the remaining
portion of the lots, as per Municipal Code Section 30.16.01OB-7. The 16 ft. height envelope is
measured from the 13th Street right-of-way for Parcels 1 and 2, and from the uphill property line for
Parcel 4. A maximum height of 26 ft. also applies to the proposed pitched roofed buildings,
measured from the adjacent grade.
Discussion: The home for Parcell proposes to exceed the 26 ft. height envelope by 4 ft. This
proposed home will be under the 16 ft. height envelope by approximately 3 ft. The homes for
parcels 2 and 4 propose to exceed the 26 ft. height envelope by 1 ft., and the home for parcel 2 will
be under the 16 ft. envelope by approximately 2 ft. The home for Parcel 4 proposes to exceed the 16
ft. height envelopes by 1 ft.
These projections above the standard height envelope will not significantly impact neighboring
views. The project site is not located within a focused view corridor, and the project site is located
significantly lower than existing view properties to the north. Development in the area is spatially
separated given the low density development pattern. The applicant has submitted line of sight
illustrations demonstrating that no significant view impacts would occur with this development due
to the above noted factors.
Regarding the issue of bulk and mass, the three detached single family dwellings will not be out of
character with the surrounding area. Two story custom homes are common in the surrounding areas.
Conclusion: The Planning Commission finds that the portion of the building outside of the
standard envelope maintains some of the significant views enj oyed by residents of nearby properties
and that the proposed development is compatible in bulk and mass with buildings on neighboring
properties.
ATTACHMENT "B"
Resolution No. PC-98-15
Case No. 98-015DR
CONDITIONS
Project No.: 98-015DR
Applicant: Galey
Location: 13th Street, North of Rancho Santa Fe Rd.
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on March 12,2000 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 January 27, 1998, consisting of 15 sheets including site plan, floor
plans and building elevations for plan types 3B4, 2C4 and 2B4, and color schemes, all
designated as approved by the Planning Commission on March 12, 1998; and a revised
elevation packet consisting of 6 sheets identified as agenda report pages 3-35, 3-36, 3-38,
3-39,3-41, and 3-42, designated as approved by the Community Development Department.
Said plans shall not be altered without express authorization by the Community Development
Department.
SCA Each home in this project will incorporate a different color scheme. All colors and materials
utilized shall be consistent with the submitted color board which shall be indicated on the
building plans and verified by the Community Development Department prior to building
pennit issuance.
SCB All homes approved herein shall utilize varied fence designs, with no home having the same
design as other homes in the development, to the satisfaction of the Community
Development Department. The purpose of this condition is to encourage a "custom"
development.
Gl STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
DRI Any future modifications to the approved project will be reviewed relative to the findings for
substantial confonnance with a design review pennit contained in Section 23.08.140 of the
Municipal Code. Modifications beyond the scope described therein may require submittal
and approval of an amendment of the design review pennit by the authorized agency.
DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated
so as to substantially match the front elevations. This treatment shall be reflected in building
plans and shall be found satisfactory by the Community Development Department prior to
the issuance of building pennits.
G13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Pennit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building pennit 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 Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
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.
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 Pennit issuance
unless specifically waived herein.
G7 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 is in
compliance with the approved plans.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping, buffering,
and screening requirements. All landscaping and irrigation systems shall be maintained in a
manner that will not depreciate adjacent property values and otherwise adversely affect
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
APPLICANT SHALL CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of
not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall
not be less than 16 feet of paved width.
F11 FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type,
number, and location satisfactory to the Encinitas Fire Department. A letter from the water
agency serving the area shall be provided that states the required fire flow is available. Fire
hydrants shall be of a bronze type. A two-sided blue reflective road marker shall be installed
on the road surface to indicate the location of the fire hydrant for approaching fire apparatus.
F12 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel breaks
to the satisfaction of the Encinitas Fire Department.
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 confonn 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. Pennanent address numbers
with height confonningto Fire Department standards shall be affixed to this marker.
Fl5A 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 pennits.
BI Building Condition:
CONTACT THE ENCINIT AS 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 compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, 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 Unifonn
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). 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 plancheck will be completed prior to pennit issuance
and additional technical code requirements may be identified and changes to the originally
submitted plans may be required.