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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)