1991-25
RESOLUTION NO. C-91-25
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A DESIGN REVIEW PERMIT TO ALLOW
A 3 FOOT EXTENSION BEYOND THE 16 FOOT
STANDARD HEIGHT ENVELOPE FOR A SECOND STORY
ADDITION TO A SINGLE FAMILY RESIDENCE
LOCATED AT 2221 OXFORD AVENUE
(CASE NUMBER 91-143DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Thomas and Karen Sprink to allow a 3 foot extension
beyond the 16 foot standard height envelope (when measured from the
alley
centerline)
per
Chapter
30.16.010B
7b
of
the
City
of
Encinitas Municipal (Zoning) Code, for the property located at 2221
Oxford Avenue, legally described as;
Lots 41, 42, 43, and 44 (merged) in Block 24 of CARDIFF, in
the
city
of
Encinitas,
County
of
San
Diego,
State
of
California according to Map thereof No.
1298 filed in the
office of the County Recorder of San Diego County November 14,
1910.
WHEREAS, a public hearing was conducted on the application on
August 26, 1991; and
WHEREAS,
the
Cardiff-by-the-Sea
Community
Advisory
Board
considered, without limitation:
1.
The staff report dated August 21, 1991;
2.
The General Plan, Zoning Code and associated Land Use
Maps;
3.
Oral evidence submitted at the hearing by staff, by the
applicant and by the public;
4.
Written evidence submitted with the application and at
the public hearing; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings pursuant to Chapter 30.16.010B 7b of the
Encinitas Municipal (Zoning) Code:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission considered an appeal of the
approval
Board's approval on September 26,
1991 and upheld the Board's
and
City
the
Council
considered
appeal
of
the
an
Commission's
decision
Octoder
the
23,
1991
and
upheld
on
Commission's decision;
NOW,
THEREFORE,
BE
IT RESOLVED by the
Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
91-143DR 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.
within 30 days of the effective date of this permit,
applicant shall submit a statement from the Fire
Prevention District to the Communi ty 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 the 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.
A licensed surveyor shall verify the height of the
structure at the time of framing insperction to certify
that the height does not exceed the height measurement
specified on the approved plans.
Permits or findings of exemption shall be obtained from
the State Coastal Commission and any other applicable
Government agencies.
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 26th day of August,
1991,
by the
following vote, to wit:
AYES:
Grossman, Hall, Tom
NAYS:
Cruz, Anderson
ABSENT:
None
ABSTAIN:
None
C~\J ~ ç~"' t ~
Calvin F. Tom, Chairman of the
Cardiff-by-the-Sea
Community Advisory Board
Z:T~ e - ~~
Craig R. Olson
Assistant Planner
ATTACHMENT "A"
RESOLUTION NO. C-91-25
Findings for Design Review per Chapter 30.16.010B 7b of the
Encinitas Municipal (Zoning) Code
(Case No. 91-143DR)
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 structure to the east of the subject addition
would be most impacted by view loss. However, the structure
to the east is four stories in height (ie: three living area
floors above an alley level garage), and views to the ocean
from the two upper level floors are not significantly impacted
by the three foot portion of the subject addition that extends
beyond the 16 foot standard height. The 20 foot width of the
addition and its location on the lot allows a view corridor
over the one story portion of the structure for the residents
of the lot to the southeast (across the alley). The Board
also finds that an alternate development plan could have been
utilized by the applicant to construct the second floor along
the entire 90 foot width of the buildable area of the lot, or
a portion thereof, at the 16 foot standard height. Such a
development, although permitted by the Zoning Code, would have
had a much greater impact on views than the subject addition.
2)
The structure shall be compatible in bulk and mass with
buildings on neighboring properties.
Evidence: The Board finds that since the structure measures
five feet lower than the 26 foot standard height when measured
immediately adjacent to the building, the subject addition
conforms in bulk and mass to existing structures on
neighboring lots and will be compatible with future structures
to be constructed in the neighborhood under current Zoning
Code design standards. Current buildings adj oining the
subject property to the south and east (across the alley) are
approximately 30 to 35 feet in height and pose a greater "bulk
and mass" impact to the neighborhood than the subject
addition.