2000-072City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2000-072
August 9, 2000
This letter is to inform you that the Director of Community Development has approved your
application for:
00-118 ADR/CDP (Rutherford) - Administrative Design Review and Coastal
Development Permit application to allow the construction of one new, two-story, single-
family dwelling that exceeds the standard height limit for residential structures to a
maximum height of 27 feet 6 inches. This property is located in the R3 zone. (APN: 254-
090-14)
Project Description and Discussion: The applicant requests approval to construct a 3,663
square foot, two-story, single-family dwelling with an attached 682 square foot garage that
exceeds the standard height limit of 26 feet for the peak of a roof to a maximum of 27 feet 6
inches. The top of the chimney will be at 26 feet, which meets the standard height limit for
residential structures. The proposed project is located in the R3 zone. The average lot slope
within the building envelope is less than 10%.
The portion of the structure that exceeds the standard height limit will be a small section of the
roof above the interior stairway approximately 11 feet in length in an east-west direction, as
viewed from the south elevation. This portion meets the standard height limit when viewed from
all other elevations except the south. Although the structure would meet the height standard
when measured from the existing grade at an elevation of just over 108 feet at its western edge,
as the grade drops to under 107 feet along the slight east to west slope of the property the
roofline of the portion in question rises slightly above the standard height limit.
Pursuant to Municipal Code Section 30.16.010137, the standard height limit for residential
buildings is 22 feet or two stories, whichever is less. An allowance of 4 additional feet, to a
maximum height of 26 feet, is provided for projections such as hips and gables of a sloped roof,
chimneys, towers, etc. However with the approval of an Administrative Design Review Permit,
structures may be approved to a maximum height of 30 feet if it can be found that the portion of
the building that exceeds the standard height limit maintains some of the significant views
enjoyed by surrounding residents, and that the building is compatible in bulk and mass with
building on neighboring properties.
Community Development Department staff visited the project site and determined that the
proposed dwelling would not have a significant impact to views and is compatible with
dwellings on neighboring properties. The subject property sits just to the east of the high point
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of a north-south coastal ridge. Views from the surrounding properties to the east, north and
south are primarily to the east of the project site. Because the properties directly to the east and
south are slightly lower in elevation than the subject property and the primary views from those
properties are to the east, the existing views from these properties will not be impacted. There is
no existing view for the property directly to the north across the subject property due to existing
avocado trees and other existing landscaping that exceed thirty feet in height. Properties to the
northwest, west and southwest are on the western side of the coastal ridge, and have primary
views to the west. The property directly to the west has existing landscaping and avocado trees
that obstruct any potential view to the east.
The proposed single-family dwelling complies with all other applicable development standards,
including building setbacks, and will be required to comply with all applicable Building and Fire
codes through the standard plan-checking process. Since the proposed dwelling exceeds 2500
square feet in floor area, three off-street parking spaces are required. The attached 682 square
foot garage provides two side by side parking spaces. The third required space is provided in the
driveway directly in front of the garage. All applicable utilities and services are in place to
support this development.
A standard public notification was issued for the Administrative Design Review Permit application,
which allowed for a 20-day comment period. Two letters of opposition were received. One was
submitted by Annabell Janssen on behalf of Leucadians for Responsible Development. The letter
expressed opposition in general to allowing approvals for structures to exceed the standard height
limit. The other was submitted by Gary and Irene Leonard, property owners at 1712 Eolus Avenue.
The letter expresses concern regarding detrimental effects on the neighborhood, privacy issues and
property values. The home proposed by the subject application is consistent with the neighborhood
and is attractive in design. No detrimental effects on the neighborhood or surrounding properties'
values are expected. No impact on privacy is expected since the subject project will be
approximately 60 feet from the Leonard's home. Additionally, significant mature landscaping
shields the Leonard's home from any view from the subject property. No other comments were
received.
FINDINGS FOR ADMINISTRATIVE DESIGN REVIEW
TO EXCEED THE STANDARD HEIGHT LIMIT
STANDARD: Section 30.16.010117 of the Municipal Code provides that residential buildings
that exceed the standard height envelope may be approved to a maximum height of 30 feet
through the Administrative Design Review process if the following fmdings can be made:
1. The portion of the building outside the standard height maintains some of the significant
views enjoyed by residents of nearby properties; and
2. The building is compatible in bulk and mass with buildings on neighboring properties.
Facts: The applicant requests approval to construct a 3,663 square foot, two-story, single-family
dwelling with an attached 682 square foot garage that exceeds the standard height limit of 26 feet
for the peak of a roof to a maximum of 27 feet 6 inches. The top of the chimney will be at 26
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feet, which meets the standard height limit for residential structures. The proposed project is
located in the R3 zone. The average lot slope within the building envelope is less than 10%.
Discussion: The project is located in an area that primarily consists of larger single-family homes
on lots that range from 1/3 of an acre to 1 acre. The proposed dwelling is compatible in bulk and
mass with the buildings on neighboring properties. The proposed height of the structure will not
significantly impact views from nearby properties since most of the primary views of surrounding
residences are directed away from the subject property, existing landscaping obstructs some views
through the subject property, and due to variation in elevation between properties.
Conclusion: Community Development Department staff visited the subject site and determined that
the portion of the proposed single-family dwelling that exceeds the standard height envelope will
not significantly impact views from surrounding properties, and that the proposed dwelling is
compatible in bulk and mass with buildings on neighboring properties.
Environmental Review:
The project is determined to be exempt from Environmental Review as per Section 15303(a) of the
California Environmental Quality Act Guidelines.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on August 9, 2002 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.
SC6 This project is conditionally approved as set forth on the application and project plans dated
received by the City on May 10, 2000, consisting of 3 sheets including Site Plan, Floor
Plans, and Elevations, all designated as approved by the Community Development Director
on August 9, 2000, and shall not be altered without express authorization by the Community
Development Department.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Community Development
Director.
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G5 Approval of this request shall not waive
Code and all other applicable City regul
issuance unless specifically waived herein.
compliance with any sections of the Municipal
ations in effect at the time of Building Permit
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.
B1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R 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, floor plan(s),
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 Codes). These comments are preliminary only. A comprehensive plancheck 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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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 conform to Fire Department Standards.
F15A 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 permits.
FA Roof shall be constructed of Class "A" roofing materials to the satisfaction of the Fire
Marshal.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance
shall apply.
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EA A grading permit shall be obtained unless the proposed grading is exempt under section
23.24.090 of the Municipal Code.
EG1 Grading Conditions
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
ED1 Drainage Conditions
ED3 A drainage system capable of handling and disposing of all surface water originating within
the subdivision, and all surface waters that may flow onto the subdivision from adjacent
lands, shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
ED5 The developer shall pay the current local drainage area fee prior to approval of the final map
for this project or shall construct drainage systems in conformance with the Master Drainage
Plan and City of Encinitas Standards as required by the Engineering Services Director.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of any grading or building permit
for this project.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
ES 1 Street Conditions
ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all
parcels over private roads, drives or parking areas and maintenance thereof to the
satisfaction of the Engineering Services Director.
ES6 In accordance with Chapter 23.36 of the Municipal Code, 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.
ES7 In accordance with Chapter 23.36 of the Municipal Code, 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 undergrounding of utility facility improvements.
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EU 1 Utilities
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1. 12, this decision may be appealed to
the City Council within fifteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by a $100.00 filing fee, prior to 4:00 p.m. on the 15'h calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719. '4S. dr4ao l der
Community Development Director
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