1987-20
8
RESOLUTION NO. C-87-020
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR PROPERTY COMMONLY KNOWN AS
2166 OXFORD AVENUE, ENCINITAS
WHEREAS, Lowell Elmore applied for a Design Review permit
for a duplex as per
Chapter 23.08 Design Review, of the City
of Encinitas Zoning
Ordinance;
WHEREAS, public hearings were conducted on the application
by the Cardiff-by-the-Sea Community Advisory Board
on August
12,
and September 16,
1987,
and all persons desiring to be
heard were heard; and
without limitation:
WHEREAS, evidence was submitted and considered to include
a.
8 b.
c.
d.
e.
site plan submitted by the applicant;
Written information submitted with the application;
Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
CAB staff reports (87-012-DR) dated Aaugust 12, and
September 16, 1987, which are on file in the
Department of Planning and Community Development; and
Additional written documentation.
Design
Communi ty Advisory Board of the ci ty of Encini tas that the
NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Review permit for a duplex is hereby approved subject
to the following findings:
8
1.
That the proposed proj ect is in conformance with
Section 23.08.72 of the Design Review Ordinance,
since the project is consistent with the existing and
proposed general plan and is an allowed use in the
RV-11 zone;
2.
That the
in conformance with
proposed project
is
LN/CAB11b-0156wp
8
8
8.
9.
10.
8
Section 23.08.74 of the Design Review Ordinance,
since the project design takes advantage of the
existing duplex structure and enhances the use of the
yard available on the site with outdoor patios;
3.
That the proposed proj ect is in conformance with
Section 23.08.76 of the Design Review ordinance,
since the project design is compatible with the
surrounding neighborhood and is of a similar or
smaller scale and bulk than other projects being
constructed;
4.
That the proposed project is in conformance with
Section 23.08.77 of the Design Review Ordinance,
since the project is proposing to retain a the
existing eucalyptus trees at the front of the site
and set in place a regular bi-annual trimming
program to keep the trees at a height of 15 I above
the roof line of the project;
5.
The project design does preserve significant public
views to the extent possible, and offers mitigation
for lost views, since the structure is wi thin the
interim development height limit off of the street,
and only a portion of the project on the low side of
the site exceeds the 22 I for a flat roof. Public
views are defined as those views provided from public
property;
The project takes advantage of views and/or protects,
to the extent possible, some of the significant view
enjoyed by the residents of nearby properties, since
it is proposed to be within the interim height limit
and the remodel has opened views to the west for the
proposed top unit of the project;
7.
That the projection out of the interim envelope does
not significantly impact the views of adjacent
properties, in that the proj ect takes advantage of
views while maintaining some of the significant views
enj oyed by residents of nearby properties and no
significant views presently exist through the subject
site to the west due to the existing eucalyptus trees
off of the street;
That the proj ect is compatible in structural size
(bulk and mass) to adjacent properties and
neighborhood since it is proposed to be comparable to
existing structures in the neighborhood;
There is reasonable probability that the land use and
design proposed will be consistent with the General
LN/CAB11b-0156wp
8
8
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approved
A.
B.
Plan proposal being considered or studied;
11.
There is little or no probability of substantial
detriment to or interference with the future adopted
General Plan if the proposed design is ultimately
inconsistent with the plan since it is a use that is
proposed to be allowed; and
12.
The proposed design complies with all
applicable requirements of state law and
ordinances.
other
local
BE IT ALSO RESOLVED,
that the Design Review Permit is
with the following conditions:
The project is approved as submitted and shall not be
altered without Community Advisory Board review and
approval.
The applicant shall comply with the tree trimming
schedule dated 8/21/87 on file in the Department of
Planning and Community Development for the initial
thinning and trimming of the eucalyptus trees off of
the street and the continued bi-annual trimming of
the trees to help retain views for properties to the
east of the subject site.
PASSED AND ADOPTED
this 16th day of September, 1987 by
the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Winkler, Hirsch, Slater, and Mac Manus
None
Shannon
None
-Q~~Q ~.~
RICHARD MAC MANUS, Chairman of the
Cardiff-by-the-Sea Community
Advisory Board
-
LN/CAB11b-0156wp
.
City qf
Encinita.ç
July 23, 1990
Bonnie Elmore
6430 La Vanco Court
Carlsbad, CA 92009
RE:
Extension of Design Review Permit #87-012DR
Dear Ms. Elmore:
.
Thank you for attending the City Council's Administrative Hearing
on July 18, 1990 when they considered your appeal of the Planning
and community Development Department's determination that your
Design Review Permit had expired.
The Council set aside the determination of the Community
Development Department and considers the project to have "pipeline"
status and have extended the Design Review Permit based on the
following findings:
( a)
The project is in substantial conformance to the standard
height envelope for the height measurement from the
centerline of the uphill street for a lot sloped greater
than 10%
(b)
The findings in the original resolution of approval did
not identify any significant view impacts due to the
project's design.
( c)
The project is compatible in structural size (bulk and
mass) to adjacent properties in the neighborhood.
( d)
The project had received Community Advisory Board
approval prior to adoption of the City's General Plan and
Zoning Ordinance on March 29, 1989.
.
CO/04/CL25-7059WP5
(7-23-90/1)
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Bonnie Elmore
Page 2
July 23, 1990
Therefore, the Design Review Permit is extended to September 16,
1991, per Section 23.08.160B of the Municipal Code (ie: two years
beyond the original expiration date). Please be advised that
Building Permits must be obtained prior to the new and final
expiration date of Design Review Permit #87-012.
Prior to the issuance of your Building Permit, it will be necessary
to formalize the "Tree Removal and Trimming Agreement" you
submitted to the City on August 21, 1987 during the Cardiff
Communi ty Advisory Board's review of your application. I have
enclosed a draft covenant for your use to formalize the tree
removal and trimming agreement.
In addition, a certificate of Compliance must be recorded to merge
the two lots into a single lot of record prior to Building Permit
issuance. The Planning and community Development staff will assist
you in preparing the Certificate of Compliance after you submit for
building plan check.
I appreciate your time and understanding of the City's process in
reviewing your Design Review extension request. Should you have
any questions regarding the above information, please contact me at
your convenience by telephoning (619) 944-5060.
sincerely,
Craig R. Olson
Assistant Planner
Enclosure
cc:
Bill Weedman, City Planner
CO/04/CL25-7059WP5
(7-23-90/1)
City of
Encinita.ç
June 29, 1990
Bonnie Elmore
6430 La Vanco Court
Carlsbad, CA 92009
Re:
Administrative Hearing for Request of Time Extension of Design
Review Permit #87-012 DR
Dear Ms. Elmore:
On June 27, 1990 the City Council decided to conduct an
Administrative Hearing to consider your request for a time
extension for Design Review Permit #87-012 DR.
.
To provide public notice of the hearing in accordance with state
Law, please submit an updated public notice packet to the
undersigned. The hearing has been tentatively scheduled for July
18, 1990. A complete public notice packet must be received no
later than 12:00 o'clock noon on July 5, 1990 to properly notice
the meeting.
I have enclosed the notice information which was provided when you
applied for the Design Review permit on July 24, 1987. This
information contains the Assessor's Numbers for properties located
within 300 feet of your property. Please contact the County
Assessor's Office to obtain the most current owners of the subject
properties within 300 feet (i.e.: current owner for each Assessor's
Number provided for you in enclosure).
Should you have any questions regarding the above matter, or should
the tentative hearing date of July 18 be unsatisfactory, please
contact me at your earliest convenience.
Sincerely,
craig R. Olson
Assistant Planner
cc:
Bill Weedman, City Planner
.
Enclosures
CO/dc/CL25-7010Wp5 (6-29-90/1)
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City of
Encinitas
May 30, 1990
Ms. Bonnie Elmore
6430 La Vanco Court
Carlsbad, CA 92009
RE:
Extension of Design Review Permit #87-012DR
Dear Ms. Elmore:
I have reviewed you request for a time extension of the Design
Review Permit for your property located at 2166 Oxford Avenue.
sections 23.08.160 A and B of the Municipal Code regulate the valid
period for Design Review Permits and the granting of time
extensions. These sections read as follows:
.
"23.08.160 Expiration and Extension of Permit.
A.
The Design Review Permit approval shall be valid for two
years after the effective date of the Permit. A building
permit and any other permit required for the construction
of thàproject shall be obtained within the two year
period. . .
B.
The Director may, upon written request by the proponent,
grant reasonable extensions of up to a total of two years
for the Design Review Permit; provided no change in City
policies has occurred which would be in conflict with the
project. A request for such an extension shall be filed
with the Director at least 15 days prior to the
expiration of the Design Review Permit, together with the
required application fee."
In accordance with the above, your request for a time extension for
the permit which was approved on September 16, 1987, must be
denied.
This decision does not preclude you from submitting a new
application for Design Review approval. Please contact the planner
for the Cardiff area, Craig Olson, for information about the Design
Review process and the requirements to submit a complete
application. Mr. Olson may be contacted by telephoning
(619) 944-5068.
.
BW/03/CL22-6599WP5
(5-30-90/1)
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Ms. Elmore
Page Two
May 30, 1990
I am returning the background information you provided with your
time extension request since it is of a sensitive nature and if
retained will become part of the public record. While I can
understand the reasons behind your request for an extension since
reviewing the material, we cannot, pursuant to the code as stated
on page one approve the request. I hope that you are recovering
from your illness and will be able to proceed with your plans for
remodeling your property.
Sincerely,
Bill Weedman
City Planner
cc:
craig Olson, Assistant Planner
BW/03/CL22-6599WP5
(5-30-90/1)