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1992-16 , RESOLUTION NO. C-92-16 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS APPROVING A DESIGN REVIEW PERMIT FOR THE REMODEL OF A DUPLEX STRUCTURE TO EXCEED THE STANDARD HEIGHT ENVELOPE IN THE R-11 ZONE FOR PROPERTY LOCATED AT 2166 OXFORD AVENUE (CASE NUMBER 92-129DR) WHEREAS, a request for consideration of a Design Review Permit and was filed by Architura to permit the remodel of a duplex structure to exceed the heiqht envelope in the R-11 Zone, for property located at 2166 Oxford Avenue, legally described as; Lots 17 and 18, Block 28 of CARDIFF, in the County of San Diego, State of California, according to Map thereof No.1298, filed in the office of the County Recorder of said San Diego County, November 14, 1910. WHEREAS, public hearings were conducted on the application on August 24 and September 21, 1992; and WHEREAS, the Cardiff-by-the-Sea considered, without limitation: Community Advisory Board 1. The staff reports dated August 18 and September 14,1992: 2. The General Plan, Municipal 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 and plans submitted with the application and dated received by the city on July 9, 1992 and written evidence received at the public hearings; and 5. A second set of building plans and statement of justification for authority to exceed the standard height envelope dated received 9-10-92. WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Chapter 23.08.072 (Design Review), and discussed the following criteria pursuant to Section 30.16.010B(7) (authority to exceed the standard height envelope) of the Encinitas Municipal (Zoning) Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that application 92-129 DR is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") 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) of CEQA. PASSED AND ADOPTED this 21st day of September, 1992, by the following vote, to wit: AYES: Crimmins, Fullwood, Grossman, Hall, Mac Fall NAYS: None ABSENT: None ABSTAIN: None C:J ;1. 'f'-b/( Bruce Hail vice Chairman of the Cardiff Community Advisory Board ATTEST: Ji~n~:::1 Junior Planner 92129DR.RES (9-15-92) ATTACHMENT "A" Findings for Design Review Resolution No. C-92-16 Case No. 92-129 DR Applicant: Architura/Elmore Case No: 92-129 V Subject: Design Review for the remodeling of an structure to exceed the standard height envelope. Location: 2166 Oxford Avenue existing duplex A. The project design is not inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Facts: The project meets all developments standards contained in the Municipal Code, contained in Sect. 30.16.010 subsections A, B, and D. The General Plan and Municipal Code allow multi-unit development in the R-11 Zone, at a maximum density of 11 units per acre. Conclusion: The proposed duplex is consistent with the Municipal Code and the General Plan. There is no Specific Plan approved in area of the project site B. The project design is not substantially inconsistent with the City's Design Review Guidelines. Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines with which the authorized agency must find the project substantially consistent in order to grant approval. Discussion: 1. site design: with regard to Design Guidelines 1.1 1.11, the Board finds that the proposed project adequately addresses these required elements. Specifically, regarding Guidel ine 1. 4 , the Board finds that the proj ect adequately provides for views lito the site" in that the front (east) elevation is the "best" side, and provides an acceptable degree of visual relief and interest. The Board finds that the project adequately provides for views "from the site" since the upstairs unit proposes view windows. And the Board finds that the project adequately provides for views "through the site" since the project proposes a structure which preserves to the extent possible significant views from nearby properties. 2. Building design: with regard to Guidelines 2.1 - 2.12, the Board finds that the subject elements are adequately addressed with the proposed addition. Specifically, regarding Guidelines 2.3 - 2.6, the Board finds that the proposed building will create a design in which the architectural elements are 92129DR.RES (9-15-92) consistent and harmonious, in which the construction materials and colors are consistent with existing structures on-site, and in which the proposed roof enhances the architectural unity of the overall design. 3. Landscape Desiqn: Regarding Guidelines 3.1 - 3.12, the Board finds that these items are adequately satisfied with the application. Specifically, regarding Guidelines 3.1 - 3.3, 3.7 and 3.9, the Board finds that the existing landscaping proposed to remain is in substantial conformance with these guidelines. Conclusion: The Board finds that the project is in substantial conformance with the Design Review Guidelines of Chapter 23.08 of the Municipal Code because of the consistency with Design Review Guidelines. C. The project would not adversely effect the health, safety, or general welfare of the community. Facts: The project has been found exempt from environmental review pursuant to section 15301 (e) of the California Environmental Quality Act (CEQA) and no potential negative affects on the health, safety, or general welfare of the community have been identified in conjunction with this project. Conclusion: The Board finds that the project would not adversely affect the health, safety, or general welfare of the community. D. The project would not cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The surrounding neighborhood consists of residential uses, mostly multie-family structures, and generally may be considered to be in good condition. Discussion: The proposed project is to remodel the interior and exterior of an existing duplex structure. The project is to create a more visually interesting site with the addition of creative and architecturally pleasing design elements. Conclusion: The proposed project enhancement to the neighboring area. would constitute an Criteria for Desiqn Review to Exceed Height Envelope: A. The portion of the building outside of the standard envelope maintains some of the significant views enjoyed by residents of nearby properties. 92129DR.RES (9-15-92) 92129DR.RES B. The building is compatible in bulk buildings on neighboring properties. with and mass A. Facts: The applicant has submitted a line-of-sight diagram which documents the relationship of the project si te to the adj acent property to the east. Additionally, the topography in the vicinity of the project site is significantly steep, with the project site being significantly lower than nearby uphill properties which may have existing and future views through the subject property. Discussion: The requirement to preserve some of the nearby significant views is achieved with the subject application as evidenced by the line of site diagram and by the fact that the steeply sloping topography places the subject site at a significantly lower elevation than surrounding properties. The barrel vaulted skylights, being relatively small in mass, with rounded edges, will tend to have small impact on any existing views through the site. Conclusion: The Board finds that the proposed addition will preserve some of the significant views in the surrounding area, based upon the facts and discussion above. B. Facts: The surrounding neighborhood is developed with numerous structures of similar bulk and mass. Discussion: The surrounding neighborhood is developed with numerous structures of similar bulk and mass, with the structure to the south of the project site being significantly taller. Conclusion: The Board finds that the proposed addition of building mass above the standard height envelope will result in a building which is consistent with the surrounding area in bulk and mass. (9-15-92) Applicant: Case No: Subject: structure Location: ATTACHMENT nB" CONDITIONS OF APPROVAL Resolution No. C-92-16 Case No. 92-029 DR Architura/Elmore 92-129 DR Design Review for the remodeling of an to exceed the standard height envelope. 2166 Oxford Avenue existing duplex A. GENERAL CONDITIONS (1) (2) (3) (4) (5) (6) (7) B. This approval will expire on september 21, 1994, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 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. The proj ect is approved as submitted, on the plans received by the City on September 10, 1992, and on file with the Planning and community Development Department, and shall not be altered without review and approval by the Authorized Agency. Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government agencies. All cost recovery fees associated with the processing of the subject application shall be paid to the Department of Planning and Community Development prior to the issuance of building permits. Prior to issuance of building permits, all appropriate conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning and Community Development. Other conditions shall be satisfied prior to final inspection. Prior to final framing inspection of the building permit, building height shall be verified to conform with this approval by a registered surveyor or engineer. SPECIAL CONDITION 92129DR.RES The skylight feature of the project shall be modified such that the north-south elements of the skylight are (9-15-92) C. FIRE (1) (2) eliminated, leaving the east-west skylight element as presently located on the approved plans. Prior to Building Permit issuance, the 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 the numbers shall conform to Fire District standards. AUTOMATIC FIRE SPRINKLER SYSTEM: Plan review at building permit application shall determine whether the structure shall be protected by an automatic fire sprinkler system. Any sprinkler systems shall be installed to the satisfaction of the Fire District. D. city Engineer: Street Conditions 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. utilities (1) (2) (3) (4) 92129DR.RES The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. All proposed utilities within the project site shall be installed underground including existing utilities unless exempt by the Municipal Code. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. The developer shall be responsible for coordination with S.D.G & E, Pacific Telephone, and othe applicable authorities. (9-15-92)