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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