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1988-11 RESOLUTION NO. C-88-011 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR PROPERTY OF LOTS 24 AND 25, BLOCK 2, MAP 1298, COUNTY OF SAN DIEGO, CITY OF ENCINTAS (COMMONLY KNOWN AS 2584 MONTGOMERY) 8 WHEREAS, Bianco/Addison, Inc. applied for a Design Review permit for one single family dwelling on two lots as per Chapter 23.08 Design Review, of the City of Encinitas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application by the Cardiff-by-the-Sea Community Advisory Board on March 28, 1988, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: 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 report (88-012-DR) dated March 22, 1988 which is on file in the Department of Planning and Community Development; and Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea community Advisory Board of the city of Encinitas that the Design Review permit for one single family dwelling unit on two lots is hereby approved subject to the following findings: -- 1. That the proposed proj ect is in conformance with the intent of section 23.08.72 of the Design Review Ordinance, sinpe the project is consistent with subsections A through D; 2. That the proposed project is in conformance with the intent of section 23.08.74 of the Design Review LN/ln/CAB11-054wp (3-22-88) 8 3. 4. 5. 8 8 Ordinance, since the project subsections A through J; is consistent with That the proposed project is in conformance with the intent of section 23.08.76 of the Design Review Ordinance, since the project is consistent with subsections A through G; That the proposed project is in conformance with the intent of section 23.08.77 of the Design Review Ordinance, since the project is consistent with subsections A through D; That the proposed project is in conformance with the intent of section 23.08.79 of the Design Review Ordinance, since the project is consistent with subsections A through F; 6. The project design does preserve significant public views to the extent possible, and offers mitigation for lost views. Public views are defined as those views provided from public property; 7. 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; 8. That the projection out of the interim envelope does not significantly impact the views of adjacent properties, in that the project takes advantage of views while maintaining some of the significant views enjoyed by residents of nearby properties; 9. That the project is compatible in structural size (bulk and mass) to adjacent properties and neighborhood; 10. There is reasonable probability that the land use and design proposed will be consistent with the General 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; and 12. The proposed design complies with all applicable requirements of state law and ordinances. other local LN/ln/CABll-054wp (3-22-88) 8 8 8 that the Design Review Permit is BE IT ALSO RESOLVED, approved A. B. 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 submit an application for Lot Merger, and the map shall be recorded prior to final occupancy of the dwelling unit. C. 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. D. A construction plan shall be submitted for review by the community Development, Fire, and Engineering Departments for approval of operations during the construction phase. E. A covenant shall be recorded by Bianco/Addison, Inc. agreeing to plant the landscape plan approved March 28, 1988 and to maintain the landscape at a height no higher than the highest point of the building. Additionally, the planting on the west elevation is required to be maintained at a height to reach the floor of the lowest living level of the building in order to screen the under-structure area. F. That a waiver of liability and indemnification clause be recorde4d in a covenant releasing the City from liability in the even of damage caused by construction or landscape maintenance. LN/ln/CAB11-054wp (3-22-88) 8 8 8 PASSED AND ADOPTED following vote, to wit: this 28th day of March, 1988 by the AYES: Boardmembers Slater, Shannon, Winkler and Hirsch NAYS: None ABSENT: None ABSTAIN: None ATTEST: ~ ð ~. ~/ /~¿1 A . ILES, / Assistant Planner LN/ln/CAB11-054Wp (3-22-88) ANN SHANNON, Chairman of the rdiff-by-the-Sea ommunity Advisory Board