1991-23
RESOLUTION NO. C-91-23
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A DESIGN REVIEW PERMIT TO ALLOW
AN 8 FOOT EXTENSION BEYOND THE 16 FOOT
STANDARD HEIGHT ENVELOPE FOR A SECOND STORY
ADDITION TO A SINGLE FAMILY RESIDENCE
LOCATED AT 1269 BLUE SKY DRIVE
(CASE NUMBER 91-145DR)
WHEREAS, a request for consideration of a Design Review Permit
was
filed by Anthea
Beletsis and Gary Danielsen to allow an
approximate 8 foot extension beyond the 16 foot standard height
envelope
(when measured from the rear yard property line)
per
Chapter 30.16.010B 7b of the city of Encinitas Municipal (Zoning)
Code,
for the property located at 1269 Blue Sky Drive,
legally
described as;
Lot 4 in BERRY MAN VILLAGE, in the City of Encinitas, County
of San Diego, State of California according to Map thereof No.
2926, filed in the office of the County Recorder of San Diego
County November 6, 1952.
WHEREAS, public hearings were conducted on the application on
August 26 and September 23, 1991; and
WHEREAS,
the
Cardiff-by-the-Sea
Community
Advisory
Board
considered, without limitation:
1.
The staff reports dated August 21 and September 18, 1991;
2.
The General Plan, Zoning Code and associated Land Use
Maps;
3.
Oral evidence submitted at the hearings by staff, by the
applicant and by the public;
4.
written evidence, plans dated received by the city on
August
5,
1991,
and photographs
submitted with
the
CO,BELESR23(9-18-91)
application and additional information submitted at the
WHEREAS, the Cardiff-by-the-Sea community Advisory Board made
public hearings; and
the following findings pursuant to Chapter 30.16.010B 7b of the
Encinitas Municipal (zoning) Code:
NOW,
THEREFORE,
(SEE ATTACHMENT "A")
BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
91-145DR is hereby approved subject to the following conditions:
(1)
(2)
(3)
(4)
(5)
(6)
The project as submitted is approved and shall not be
altered without City approval or as conditioned herein.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval in
accordance with Chapter 1.12 of the Municipal Code.
Prior to issuance of a building permit, applicant shall
submit a statement from the Fire Prevention District to
the Community Development Department indicating that all
impact, plan check, and/or cost recovery fees have been
paid. Address numbers shall be clearly visible from the
street fronting the structure. The height of numbers
shall conform to Fire District standards.
This Design Review approval shall be valid for two years
from the effective date of the permit; during which time
construction of the approved structure shall be pursued
in conformance with the Uniform Building Code to the
satisfaction of the Director of Planning and Community
Development.
Prior to issuing a final inspection on framing, the
applicant shall provide a written certification from a
licensed surveyor or a registered civil engineer
verifying the building height is in compliance with the
Design Review Permit.
Permits or findings of exemption shall be obtained from
the State Coastal Commission and any other applicable
Government agencies.
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BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea community
Advisory Board of the City of Encinitas that:
This project is found to be exempt from Environmental Review
per Section 15301(e) (1) of CEQA.
PASSED AND ADOPTED this 23rd day of September, 1991, by the
following vote, to wit:
AYES:
Cruz, Grossman, Tom, Anderson
NAYS:
Hall
ABSENT:
None
ABSTAIN:
None
c~ ç-.~\ ~
Calvin F. Tom, Chairman of the
Cardiff-by-the-Sea
Community Advisory Board
ATë:tb ~.oO~
Craig R. Olson
Assistant Planner
NOTE: CAB approval upheld on appeal by Planning Commission
on Oct. 16, 1991 and City Council on Dec. 11, 1991.
CO,BELESR25(9-18-91)
ATTACHMENT "A"
RESOLUTION NO. C-91-23
Findings for Design Review per Chapter 30.16.010B 7b of the
Encinitas Municipal (zoning) Code
(Case No. 91-145DR)
1)
The portion of the building outside of the standard
envelope shall maintain some of the significant views
enjoyed by residents of nearby properties.
Evidence: The Cardiff-by-the-Sea Community Advisory Board
finds that the Design Review Permit is warranted since the
slope of the lot is all within the front yard area and the
buildable portion of the lot is flat to the rear lot line. If
a straight line were drawn from a point 16 feet above the rear
lot line and extended over the buildable area of the lot, it
would be impossible to construct a second story since eight
feet is required from floor to ceiling for each story and, at
least one foot is required between floors, and approximately
7 to 9 feet is required for the pitched roof. The subject
addition is approximately 24 feet in height when measured from
the grade (existing and proposed) immediately adjacent to the
building. The standard height allows 26 feet when measured
from adjacent grade. Therefore, the Cardiff Board finds that
the proposed addition would not have a significant view impact
on adjoining property since other property owners in the
neighborhood and on the same side of the street as the subject
structure have constructed or may construct second story
structures in accordance with current zoning Code Development
Standards to the standard height envelope of 22 feet (flat
roof) or 26 feet (pitched roof) since their properties are not
subject to the 10% slope standard.
2)
The structure shall be compatible in bulk and mass with
buildings on neighboring properties.
Evidence: The Board finds that the second story addition
would be precluded by the strict application of the standard
height envelope due to the unusual configuration of the slope
on the lot being within the front yard area. Since other
property owners in the neighborhood and on the same side of
the street as the subject structure may build a second story
addition without having to comply with the 10% slope standard,
to impose the standard on the appl icant would be an undue
hardship. If the slope was continuous along the entire lot,
the proposed addition could satisfy, or require less deviation
to, the 16 foot standard. Therefore, the Cardiff Board finds
that the extension beyond the 16 foot standard (to 24 feet)
would not be greater in bulk and mass with buildings on
neighboring properties since neighboring property owners have
constructed and are permitted to construct second story
structures to the 26 foot (pitched roof) standard height
envelope pursuant to current Code standards without being
subject to the 10% slope constraint.
CO,BELESR26(9-18-91)