1994-07
RESOLUTION NO. C 94-07
A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING AUTHORITY TO EXCEED THE STANDARD HEIGHT ENVELOPE
PROPOSED SINGLE FAMILY RESIDENCE
LOCATED AT 2518 MONTGOMERY AVE
(CASE NUMBER 94-065 DR)
FOR A
WHEREAS, a request for consideration of authority to exceed
the standard height envelope was filed by Mr. Roy Bream to allow a
proposed single-family residence to exceed the standard height
envelope and be a maximum 30ft. 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 2518 Montgomery Ave., legally
described as:
Lots 5 and 6 in Block 2 of Cardiff, in the city of Encinitas,
County of San Diego, state of California, According to the Map
Thereof No. 1298, Filed in the Office of County Recorder of
San Diego County, November 14, 1910.
WHEREAS, a public hearing was conducted on the application on
May 24, 1994, by the Cardiff-By-The-Sea Community Advisory Board;
and
WHEREAS, the Board considered:
1.
The May 24, 1994 staff report to the Community Advisory
Board with attachments;
Application and project plans including line-of-sight
diagram dated received May 11, 1994;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing; and
')
<:.. .
3.
4.
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.16.10 (B. 7b.) of the Encinitas
Municipal Code:
(SEE ATTACHMENT II A" )
NOW, THEREFORE, BE IT RESOLVED that the Cardiff-By-The-Sea
Community Advisory Board of the City of Encinitas hereby approves
application 94-065 DR subject to the following conditions:
(SEE ATTACHMENT "B")
TC/9/94065DR.RES
(5-25-94)
PASSED AND ADOPTED
following vote, to wit:
this
24th
day
of May,
1994,
by
the
AYES:
Fullwood, Grossman, MacFall, Sarkozy
NAYS:
None
ABSENT:
None
ABSTAIN:
Crimmins
~~~
ohn MacFall, ~
Chairman of the
Cardiff-By-The-Sea
Community Advisory Board
-~::: ~~
Tom Curriden,
Acting Senior Planner
TC/9/94065DR.RES
(5-25-94)
ATTACHMENT "A"
Resolution No. C 94-07
Case No. 94-065 DR
Applicant: Roy Bream
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."
Facts: The applicant proposes to construct a new 3150 sq.
ft. two-story plus basement home, replacing an older smaller
residence presently located in the front portion of the lot.
A portion of the rear (west) portion of the building projects
the standard height envelope described in Chapter 30.16.010 of
the Municipal Code with the highest point being the chimney at
30 ft. above existing/finished grade, thus requiring authority
to exceed the standard envelope pursuant to Section 30.16.010
(B.7) cited above.
Discussion: In terms of view protection, available views
from neighboring properties in this vicinity are primarily
toward the west. The line-of-sight diagram submitted with the
project plans indicate that views from directly across
Montgomery to the east would be such that the roof of the
proposed residence, which does not exceed 12 ft. above the
elevation of Montgomery, would be approximately 4 ft. below a
horizontal line-of-sight from the top finished floor of the
residence across the street and approximately 13 ft. below the
line-of-sight taken above an existing view deck above the top
finished floor. Al though some existing views through the site
in a southwesterly direction (through the presently
undeveloped portion of the site) from the adjoining property
to the north would be impeded, at least some significant east-
west views would be preserved for properties across
Montgomery.
with regard to bulk and mass, the residence is located in an
area where two-story or two-story plus basement structures are
common, and the elevations depicted in the proj ect plans
indicate that the existing structures to either side of the
subject site rise to higher elevations than that proposed with
this application.
TC/9/94065DR.RES
(5-25-94)
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/9/94065DR.RES
(5-25-94)
I.
ATTACHMENT liB"
CONDITIONS OF APPROVAL
Resolution No. C 94-07
Case No. 94-065 DR
Applicant: Roy Bream
SPECIFIC CONDITIONS
A.
The applicant shall execute and record a covenant
setting forth the terms and conditions of this
approval prior to permit issuance.
D.
II.
B.
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 (if applicable), 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 project 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.
Building plans shall indicate no structure
encroaching into the front setback not within the
footprint of the existing home, and no building
within that setback shall have any additional
stories than that of the exisitng home.
1.
STANDARD CONDITIONS
A.
GENERAL CONDITIONS
TC/9/94065DR.RES
This approval will expire in two years on May 24,
1996, at 5:00 p.m. unless the conditions have been
met, or an extension has been approved by the
(5-25-94)
Authorized Agency.
B.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of
this approval.
C.
Approval of this request shall not waive compliance
with 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.
D.
Permi ts from other agencies will be required as
follows: California Coastal Commission.
E.
proj ect is approved as evidenced by the proj ect
plans including line-of-sight diagram, site plan,
floor plans, and elevations consisting of seven
sheets dated received by the City of Encinitas on
May 11, 1994, and signed by a City Official as
approved by the Cardiff Community Advisory Board on
May 24, 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:
2.
DEPARTMENT
A.
SITE DEVELOPMENT
The applicant shall pay development fees at the
established rate. Such fees may include, but not
be limited to: Permi 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.
FIRE
A.
TC/9/94065DR.RES
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
(5-25-94)
off a roadway on long driveways, a monument shall
be placed at the entrance where the driveway
intersects the main roadway. Permanent numbers
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 sat