1994-05
RESOLUTION NO. C 94-05
A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING AUTHORITY TO EXCEED THE STANDARD HEIGHT ENVELOPE
PROPOSED SINGLE FAMILY RESIDENCE
LOCATED AT 1930 MONTGOMERY AVE
(CASE NUMBER 94-039 DR)
FOR A
WHEREAS, a request for consideration of authority to exceed
the standard height envelope was filed by Michael Atwell to allow
a proposed single-family residence to exceed the standard height
envelope and be a maximum 29 ft. 10 in. in height in accordance
with Chapter 30.10 of the city of Encinitas Municipal Code, for the
property located in the R-11 zone at 1930 Montgomery Ave., legally
described as:
Lots 13 and 14 in Block 68 of Cardiff Villa Tract, in the city
of Encinitas, County of San Diego, State of California,
According to the Map Thereof No. 1469, Filed in the Office of
County Recorder of San Diego County, August 10, 1912.
WHEREAS, a public hearing was conducted on the application on
April 26,1994, by the Cardiff-By-The-Sea Community Advisory Board;
and
WHEREAS, the Board considered:
1.
The April 26,1994 staff report to the Community Advisory
Board with attachments;
Application and project plans dated received April 15,
1994;
Line-of-sight illustration dated received April 21,1994;
Photo study of neighboring properties;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing; and
2.
3.
4.
,5.
6.
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.16.10 (B. 7b.) of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Cardiff-By-The-Sea
Community Advisory Board of the City of Encinitas hereby approves
application 94-039 DR subject to the following conditions:
(SEE ATTACHMENT "B")
TC/9/94039DR.RES
(4-28-94)
PASSED AND ADOPTED this
following vote, to wit:
26th day of April,
1994,
by the
AYES:
Crimmins, Fullwood, Grossman, MacFall, Sarkozy
NAYS:
None
ABSENT:
None
ABSTAIN:
None
. u......
hn MacFall,
hairman of the
Cardiff-By-The-Sea
Community Advisory
Board
~~~/->
Tom Curriden,
Acting Senior Planner
TC/9/94039DR.RES
(4-28-94)
ATTACHMENT "A"
Resolution No. C 94-05
Case No. 94-039 DR
Applicant: Michael Atwell
Findings:
Conclusion
(Code Section, Factual Circumstances, Reasoning,
Section 30.16.010 (B.7) reads as follows:
"Buildings may be approved through the Design Review process for a
maximum height of 30 ft. if it can be found that the portion of the
building outside the standard envelope maintains some of the
significant views enjoyed by residents of nearby properties, and
that the building is compatible in bulk and mass with buildings on
neighboring properties. II
Facts: The appl icant proposes to construct a two-story
addition to an existing single family dwelling to a maximum
height of 29 ft. 10 in.
Discussion: In terms of view protection, available views
from neighboring properties in this vicinity are toward the
west, with the prevailing topography. Views through the
project site are somewhat restricted due to numerous large
trees in various locations to the west of the project site.
Also, the two homes on either side of project site are two-
story, not permitting any views. There is however an ocean
view corridor through the north side of the property. This
view corridor would remain largely intact with the proposed
development since the existing home and the proposed addition
are situated on the southerly portion of the lot.
Additionally, the upper roof pitches are the lowest in the
vicinity of the view corridor.
The maximum height of the structure would be 29 ft. 10 in.,
measured from the rear building wall to grade. However,
because the property slopes down, away from Montgomery Ave.,
the apparent height from the center of Montgomery Ave. is
approximately 22 ft. This condition serves to mitigate, to
some extent, the actual height of the building.
In terms of bulk and mass, there are numerous large, two story
structures in the area, and the project site is occupied on
both sides with two story structures.
Conclusion: Therefore, the Board finds that construction of
the residence as proposed will not adversely impact some of
the significant views enjoyed by other properties in the area
and is compatible in bulk and mass with neighboring
properties.
TC/9/94039DR.RES
(4-28-94)
ATTACHMENT "B"
CONDITIONS OF APPROVAL
Resolution No. C 94-05
Case No. 94-039 DR
Applicant: Michael Atwell
I.
SPECIFIC CONDITIONS
A.
B.
The applicant shall execute and record a covenant
setting forth the terms and conditions of this
approval prior to permit issuance.
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
design review permit.
C.
The applicant should submit complete construction
plans to the Building Division for review. The
submittal shall include structural calculations and
details, complete framing plans and details, a site
plan and floor plans showing state mandated
disabled access requirements, state energy
compliance documentation and a soils report to
include recommendations for the design of the
foundation. Submitted plans will be reviewed for
compliance with state Title 24, the 1991 Editions
of the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Plumbing Code, and the
1990 Edition of the National Electrical Code.
Please note that proj ect review comments are not
intended to be a comprehensive plan review of
applicable Building Codes and additional comments
will be made after plans have been submitted to the
Building Division for plancheck.
A full 1-hour occupancy
between dwelling units.
separation
is
required
II.
STANDARD CONDITIONS
GENERAL CONDITIONS
1.
TC/9/94039DR.RES
A.
This approval will expire in two years on April 26,
1996, at 5:00 p.m. unless the conditions have been
met, or an extension has been approved by the
Authorized Agency.
(4-28-94)
B.
C.
D.
E.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of
this approval.
Approval of this request shall not waive compliance
wi th any sections of the Municipal Code and all
other applicable City Ordinances in effect
at the time of Building Permit issuance unless
specifically waived herein.
permi ts from other agencies will be required as
follows: California Coastal Commission.
Project is approved as evidenced by the project
plans including site plan, floor plans, and
elevations consisting of four sheets dated received
by the City of Encinitas on April 15, 1994, and
signed by a city Official as approved by the
Cardiff community Advisory Board on April 26, 1994
and shall not be altered without Community
Development Department review and approval.
APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
DEPARTMENT
2.
A.
SITE DEVELOPMENT
The applicant shall pay development fees at the
established rate. Such fees may include, but not
be limited to: Fermi t and Plan Checking Fees,
Water and Sewer Service Fees, School Fees, Traffic
Fees, Drainage Fees and Park Fees. Arrangements to
pay these fees shall be made prior to building
permit issuance to the satisfaction of the
Community Development Department.
B.
Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
TC/9/94039DR.RES
FIRE
A.
ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure.
The height of numbers shall conform to Fire
District Standards. Where structures are located
off a roadway on long driveways, a monument shall
be placed at the entrance where the driveway
intersects the main roadway. Permanent numbers
(4-28-94)
shall be affixed on this marker.
B.
RECORDATION: Prior to final development approval,
the applicant shall submit to the Community
Development Department a letter from the Fire
District stating that all development impact, plan
check and/or cost recovery fees have been paid or
secured to the satisfaction of the Fire District.
C.
SMOKE DETECTORS: Smoke detectors
inspected by the Fire Department.
shall
be
TC/9/94039DR.RES
(4-28-94)