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1988-15B 8 8 8 RESOLUTION NO. C-88-015B A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR PROPERTY OF LOTS 5 & 6, BLOCK 8, MAP 1298, COUNTY OF SAN DIEGO, (COMMONLY KNOWN AS 2426 MANCHESTER AVENUE) WHEREAS, Stan Keiser applied for a Design Review permit for two zero lot line dwelling units on two lots to encroach into the required 7' side yard setback by 2' for the second level (the level that accesses directly off of Manchester) for the portion directly over the garages as required in City council Ordinance 87-68 Cardiff Interim development standards and Chapter 23.08 Design Review, of the City of as per Encinitas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application by the Cardiff-by-the-Sea community Advisory Board on April 25, 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 report (88-050-DR) dated April 20, 1988 which is on file in the Department of Planning and community Development; and Additional written documentation. b. c. d. e. LN/CAB11b-622Wp 8 8 8 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 two zero lot line dwelling units 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, since 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 Ordinance, since the project is consistent with subsections A through J; 3. 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; 4. 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; 5. 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 view is still maintained through some of the project site; LN/CAB11b-622wp 8 8 8 9. 10. 11. 12. That the proj ect is compatible in structural size (bulk and mass) to adjacent properties and neighborhood; There is reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studied; 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 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 approved A. B. C. with the following conditions: The project is approved as submitted and shall not be altered without community Advisory Board review and approval. 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. The alley shall be paved to Dublin to the satisfaction of the Department of Public Works and the applicant shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. D. A covenant shall be recorded at the County Recorders office agreeing to the plant the landscaping on the approved landscape plan and to maintain that at or below the height of the structure. LN/CAB11b-622Wp 8 8 ~ PASSED AND ADOPTED following vote, to wit: AYES: Boardmembers NAYS: None ABSENT: None ABSTAIN: None this 25th day of April, 1988 by the Hirsch, Slater, Shannon and Winkler ANN SiiANNON, Chairman of the rdiff-by-the-Sea ommunity Advisory Board ATTEST: ç¡¡f;/J¿{ ~ ~ âpt LI A S. NILES, / Assistant Planner LN/ln/CAB11-621wp (4-20-88)