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1988-16 - . . RESOLUTION NO. C-88-016 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR PROPERTY OF LOTS 27 AND 28, BLOCK 29, MAP 1298, COUNTY OF SAN DIEGO, CITY OF ENCINITAS 2173 and 2175 MANCHESTER AVENUE 87-104/DESIGN REVIEW WHEREAS, Stephen Jones applied for a Design Review permit for two zero lot line single family dwellings on two lots as per Chapter 23.08 Design Review, of the ci ty of Encini tas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application by the Cardiff-by-the-Sea Community Advisory Board on January 25, 1988, February 22, 1988, and May 9, 1988, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. b. 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 (87-104-DR) dated May 6, 1988, and which was reviewed as part of the hearing; Additional written documentation. 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 for two zero lot line single family dwelling units on two lots is hereby approved subject to the following findings: 1. That the proposed project 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; 05/CRO3-49wp (5-10-88) 1 , . . 8. 9. 10. 11. 12. 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; 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¡ 5. 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; 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 enjoyed by residents of nearby properties; 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 05/CRO3-49wp (5-10-88) 2 ~-, ¡Ij~. fJjr 8 NOW THEREFORE BE Application 87-104/DR is following conditions: IT Design RESOLVED that hereby subject approved See Attachment "A" Review to the PASSED AND ADOPTED this 9th day of May,. 1988 by the following vote, to wit: AYES: Barker, Shannon, Slates, Winkler NAYS: None ABSENT: Hirsch ABSTAIN: None ATTEST: ~ ~ò tk)J: 5: ~l4 LI DA S. NILES, Assistant Planner 05/CRO3-49wp (5-10-88) 3 of the , . . 1. CASE NO. 87-104 DR A TT A CHMENT A CARDIFF-BY-THE-SEA COMÌroNITY ADVISORY BOARD RESOLUTION NO. 88-016 C GENERAL CONDITIONS A. H. B. This approval will expire on May 9, 1990, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agent within 10 days from the date of this approval. C. At all times during the effective period of :this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity; D. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subj ect of this permit; E. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; F. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit; G. Nothing in this permit shall relieve the applicant from complying with the condi tions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and I. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and 05/CRO3-49wp (5-10-88) 4 .J , . . 2. CASE NO. 87-104 DR A TT A CHMENT A CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. 88-016 C all other applicable City Ordinances in effect at the time of Building Permit issuance. J. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. K. This approval shall become null and void if building permi ts are not issued for this proj ect wi thin one year from the date of project approval. L. 'Permi ts from follows: as other agencies will be required a. Coastal Commission. M. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer verifying the building height is in compliance with the design review permit. N. Although the Zoning Ordinance may allow certain building heights as two story structures, the U.B.C. may define the structure as a three story building requiring an additional exit or other improvements. O. Project is approved as submitted and shall not be al- tered without authorized agent review and approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE D EVE LO PMENT B. site shall be developed in accordance with the approved site plans on file in the Community Development Department and the conditions contained herein. Revised site plans shall reflect building elevations as approved. Said site plan shall be revised and submitted to staff for current approval within 30 05/C~O3-49wp (5-10-88) 5 ~ " . 3. CASE NO. 87-104 DR A TT A CHMENT A CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. 88-016 C days from May 10, 1988 to adequately Community Advisory Board approval. reflect C. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the Cardiff Community Advisory Board. D. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Community Development. E. For new residential dwelling unit(s) , the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid: a. Prior to permit. the building final inspection of LANDSCAPING A. A detailed landscape and irrigation plan shall be submitted to and approved by the Community Development Department/Community Advisory Board prior to the issuance of building permits. B. All required plantings shall be in place prior to use or occupancy. of new buildings or structures. All required plantings shall be maintained in good growing conditions, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. C. The height required for hedges or other dense landscaping is the height to be attained wi thin 3 years after planting. 05/CRO3-49wp (5-10-88) 6 , . . 4. CASE NO. 87-104 DR A TT A CHMENT A CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. 88- 016 C D. Landscaping shall be maintained in such a way so view corridors are not blocked. PUBLI C WORKS A. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. B. Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. C. Developer shall execute and record covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of alley right-of-way improvements. D. Concentrated flows across driveways and/or sidewalks shall not be permitted. 05/CROJ-49wp (5-10-88) 7