2000-076 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2000-076
August 1, 2000
This letter is to inform you that the Director of Community Development has approved your application
for the following Discretionary Permit for property located in the City of Encinitas:
00-159 ADR/CDP (Rubinoff Second Story Addition) - Administrative Design Review and Coastal
Development Permit application to allow a proposed second story addition and roof deck, with a
plexiglass railing proposed to exceed the 22-foot Standard Height Envelope up to a maximum height of
24-feet, to an existing single-family residence on property within the Residential (R-3) Zoning District
located at 1125 Monterey Vista Place (APN: 259-060-49).
Project Description and Discussion: Pursuant to Municipal Code Section 30.16.010.B.7.d, Authority
to Exceed Standard Height, the applicant proposes to construct a second story addition and roof deck
with a plexiglass railing proposed to exceed the 22-foot Standard Height Envelope for flat-roofed
residential structures up to a maximum height of 24-feet. The proposed roof deck addition proposes a
plexiglass safety railing and exterior access stairway at a maximum height of 24-feet above adjacent
existing grade. The second story addition totals 748 square feet and the existing, one-story principal
residence totals 1,987 square feet with an existing 420 square foot garage.
Originally, the applicant submitted an application (#99-111 ADR/CDP) to exceed standard height for a
proposed second story addition design that involved more bulk and greater view impact as well as less
integration/compatibilitywith the existing structure's design. Several neighbors commented negatively
on the project's design and view obstruction. At Community Development Department staff's
recommendation, the original application was withdrawn. Subsequently, the project was redesigned to
incorporate a lower height for the roof deck and a sloped roof element over portions of the second story
addition to break up the tower effect of the original design. Less view impact results from the new
design and the addition integrates the design features of the existing residence to lend the appearance
that the future second story could have been built at the same time as the existing first floor.
Community Development Department staff visited the site and the surrounding area and has determined
that any view impact resulting from the portion of the proposed addition to exceed the height envelope
will be negligible. A standard public notification was issued and an Administrative Public Hearing was
held on Monday, July 31, 2000. No letters or comments of objection were received in regard to the
redesigned addition and roof deck project.
1
M R H/g/nod:00159adredp(8-1-00)
This approval is based upon the following findings:
Design Review to Exceed the Standard Height Envelope
Municipal Code Section 30.16.010.B.7.d 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.
Conclusion: Community Development Department Staff visited the project site to conduct an analysis
of the project plans and the surrounding conditions, as discussed in the Project Description and
Discussion portion of this determination, and has concluded that no significant view impacts would
result which would significantly degrade views of surrounding properties from the portion of the project
which would exceed the standard height envelope. The project area is subject to fairly gentle sloping
topography that contributes to a degree of vertical separation between building sites. Further, the
portion of the roof deck proposed to exceed the standard height limit consists of a clear, plexiglass
safety railing and the top potion of an exterior access stairway. Community Development Department
staff has also determined that the mass of the proposed home would not be out of scale with surrounding
development which consists of large one and two story dwellings of similar size and bulk.
Coastal Development Permit
STANDARD: Section 30.80.090 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 a coastal development permit:
The project is consistent with the certified Local Coastal Program of the City of Encinitas; and
2. The proposed development conforms with Public Resources Code Section 21000 and following
(CEQA) in that there are no feasible mitigation measures or feasible alternatives available which
would substantially lessen any significant adverse impact that the activity may have on the
environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act.
Conclusion: The City's General Plan and Municipal Code are applicable components of the
City's Local Coastal Plan. The subject zoning is R-3, which permits single-family residences.
No aspect of the project has been identified which could have an adverse impact on coastal
resources or any natural resources. The project will comply with the applicable development
standards as per the Encinitas Municipal Code. Since the project complies with all applicable
provisions of the City's Municipal Code, the Community Development Department finds that
2
M R H/g/nod:00159adred p(8-1-00)
the project is consistent with the certified Local Coastal Program of the City of Encinitas and
that required finding #2 is not applicable since no significant adverse environmental impact is
associated with the project. Finding #3 is not applicable because the project site is not between
the sea or other body of water and the nearest public road. The approval of this Coastal
Development Permit satisfies the requirements of the Encinitas Local Coastal Program.
California Environmental QualilAct: The proposed addition to an existing single-family residential
structure is found to be categorically exempt from Environmental Review pursuant to California
Environmental Quality Act (CEQA) Guidelines, Section 15301(e), which exempts additions to existing
structures provided that the addition will not result in an increase of more than 50% of the floor area of
the existing structure or 2,500 square feet, whichever is less.
CONDITIONS OF APPROVAL
This approval is subject to the following conditions:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
SCI SPECIFIC CONDITIONS:
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.
SC2 This approval will expire on August 1, 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 drawings dated
received by the City on June 26, 2000, consisting of eight (8) sheets including Site Plan,
Foundation Plan, Floor Plans, Exterior Elevations, and Sections, all designated as approved by
the Community Development Director on August 1, 2000, and shall not be altered without
express authorization by the Community Development Department.
G1 STANDARD CONDITIONS:
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 Permit 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.
3
M RH/g/nod:00159adred p(8-1-00)
DRl Any future modifications to the approved project will be reviewed relative to the findings for
substantial conformance with a design review permit 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 permit by the authorized agency.
B 1 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.
F 1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
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.
In accordance with the provisions of Municipal Code Chapter 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 5:00 PM on the 15th calendar day following the date
of this notice of decision. 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 or applicant's responsibility to obtain all
necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Mark Hofman, Associate Planner,
at the Community Development Department by telephoning (760) 633-2637.
17
Sandra older
Community Development Director
4
M RH/g/nod:00159adredp(8-1-00)