1988-16
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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;
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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
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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
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of the
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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
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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
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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.
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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.
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