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1988-06C 8 8 8 RESOLUTION NO. C-88-006C A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR PROPERTY OF A PORTION OF LOT 3, SECTION 27, T13S, R4W COUNTY OF SAN DIEGO, CITY OF ENCINITAS (APPLICATION NO. 87-175-DR) WHEREAS, Harvey White applied for a Design Review permit to allow a single family dwelling unit to exceed the interim height envelope set forth in City Council Ordinance 87-69 by a maximum of 12 1/2 feet for property being a portion of Lot 3, section 27, T13S, R4W, County of San Diego, City of Encinitas; WHEREAS, public hearings were conducted on the application by the Cardiff-by-the-Sea Community Advisory Board on February 22, and March 21, 1988, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. 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 (87-175-DR) dated February 16, and March 17, 1988 which are on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that the Design Review permit 87-175-DR is hereby approved subject to the following findings: LN/CAB11b-0156wp 1. 8 2. approved 8 8 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 structure will exceed the height limit on the low side of the lot; 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 off of the street, existing large trees will be removed at the street level which presently block views to the ocean and the San Elijo Lagoon and the extension out of the envelope on the low side of the lot will be mitigated by the retention of the natural vegetation and the fact that the structure is proposed to be built on piers and will not be a solid wall from ground to roof on the south elevation. BE IT ALSO RESOLVED, that the Design Review Permit is with the following conditions: A. The project is approved as submitted and shall not be altered without Community Advisory Board review and approval. B. That a plan be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. Prior to the City Building Department issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer as to the building height. Building height shall not exceed 34 feet 6 inches at the highest point. C. D. That a waiver of liability and indemnification clause be recorded by Mr. Harvey White in the office of the County Recorder holding the City harmless relative to the approval referred to herein. LN/CAB11b-0156wp 8 8 8 E. That the applicant submit a landscaping plan to the Department of Planning and Community Development for review and approval. F. That Mr. Harvey White record a covenant in the office of the County Recorder agreeing to maintain the landscaping on the site at a height of no more than 12 1/2' above the crown of San Elijo. PASSED AND ADOPTED this 21st day of March, 1988 by the following vote, to wit: AYES: Winkler, Slater and Shannon NAYS: Mac Manus ABSENT: Hirsch ABSTAIN: None ATTEST: -Q~~ Q- ~ .tv.- RICHARD MAC MANUS, Chairman of the Cardiff-by-the-Sea Community Advisory Board - ~4cpø- LI S. NILES, Assistant Planner LN/CAB11b-0156wp