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2001-31 RESOLUTION NO. PC 2001-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS DENYING AN ADMINISTRATIVE DESIGN REVIEW AND COASTAL DEVELOPMENT PERMIT FOR AN AS-BUILT ROOF DECK EXTENSION AND GLASS BLOCK WALL ON A ROOF DECK AT A HEIGHT OF 28 FEET, WHICH EXCEEDS THE STANDARD HEIGHT ENVELOPE OF 22 FEET. (CASE NO. 00-259 ADR/CDP; APN: 254-222-04) WHEREAS, a request for consideration of an Administrative Design Review and Coastal Development Permit was filed by David Cross for an as-built roof deck extension and glass block wall located on an existing roof deck, which exceeds the standard building height for residential structures, in accordance with all applicable provisions of the Encinitas Municipal Code, for the property located in the R-Il zone, legally described as: Lot 25 in Block 2 of South Coast Park Unit No.4, in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County, July 26,1927. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on January 25, 2001, April 5, 2001 and May 3,2001, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The January 25,2001, AprilS, 2001 and May 3, 2001 agenda report to the Planning Commission with attachments; 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 dated received by the City ofEncinitas on October 31, 2000 consisting of 5 sheets total: Cover Sheet (CS), Site Plan (AS I), Roof Plan (AI), and Elevations (A2-1 & A2-2). WHEREAS, the Planning Commission made the following findings pursuant to Section 30. 16.01OB7d (Administrative Design Review) ofthe Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby denies application 00-259 ADR/CDP. 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 15301 of the California Environmental Quality Act (CEQA) Guidelines because the project consists of a minor alteration to an existing structure. PASSED AND ADOPTED this 3rd day of May 2001, by the following vote, to wit: AYES: NAYS: Bagg, Birnbaum, Crosthwaite, Jacobson, Patton ABSENT: ABSTAIN: Q[ Adam Birnb , Chairperson of the Planning Commission of the City of Encinitas ATTEST: .. c:e- ~ ~~ " ~::dra Holder, Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. ATTACHMENT "A" Resolution No. PC 2001-31 Case No. 00-259 ADR/CDP FINDINGS FOR AN ADMINISTRATIVE DESIGN REVIEW TO EXCEED THE STANDARD HEIGHT ENVELOPE STANDARD: Section 30.16.010.B.7.d of the Municipal Code permits residential structures to exceed the standard height envelope provided the following findings can be made: a. The portion of the building outside of the standard height envelope maintains some of the significant views enjoyed by residents of nearby properties. b. The building is compatible in bulk and mass with buildings on neighboring properties. Discussion: The applicant requests approval of an as-built roof deck extension and glass block privacy wall located on an existing roof deck, which exceeds the standard height of 22 feet for residential structures. The as-built glass block wall is constructed at a maximum height of 28 feet from the existing grade adjacent to the dwelling. The wall is located on top of a portion of the existing parapet wall that surrounds the existing roof deck. The glass block wall itself is 2 feet in height. The existing parapet wall around the roof deck was constructed at a height of 26 feet prior to the current height regulations. The glass block wall significantly impacts views from the residence east of the site, the Municipal Code specifically states that a residential building may be built at a maximum height of 30 feet "if it can be found that the portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties...". The portion of the building that exceeds the standard height envelope does not maintain some of the significant views from the property to the east. Specifically, views from the roof deck of 175 Jupiter Street are significantly impacted. Conclusion: The Planning Commission has determined that the as-built wall will not maintain some of the significant views enjoyed by residents of nearby properties.