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1988-34 RESOLUTION NO. C-88-034 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT FOR TWO SINGLE FAMILY DWELLINGS (ON TWO LOTS) AND VARIANCE FOR FRONT YARD WALL HEIGHTS LOCATED AT 2510 SAN ELIJO AVENUE (88-196-DR) WHEREAS, a request for consideration of a Design Review Application and Environmental Initial Assessment to allow the construction of two single family dwellings and a Zoning Variance to increase the height of the front yard fence from 42 inches to 6 feet, as per Chapters 23.08 and 30.78 of the City of Encinitas Municipal/Zoning Codes was submitted by Joanne DeRemer, for the properties located at 2510 San Elijo Avenue, legally described as; Assessor's parcels 30 and 42 in the San Diego County Assessor's Book 261, Page 190 and recorded as that portion of Lot 3, Section 27, in Township 13 South, Range 4 West, San Bernardino Meridian, According to United States Government Survey approved April 19, 1881. WHEREAS, a public hearing was conducted on the application on September 12, 1988 and on October 10, 1988, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff report dated September 6, 1988 and October 5, 1988; CO/05/CRO2-128wp 1(10-21-88\6) 1 of 7 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearings; 4. Written evidence submitted at the hearings; 5. Documentation and site plans submitted by the applicant; and 6. Environmental Initial study. WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the required findings pursuant to Ordinance 87-80 and sections 23.08 and 30.78 of the Zoning Code (See Attachment "A"); and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board adopted a Negative Declaration for Environmental Initial Assessment (88-196-EIA); NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that the Design Review Application is hereby approved subject to the following conditions: (1) The project as submitted is approved and shall not be altered without City approval. (2) All structural improvements shall maintain the setback requirements prescribed by the current zoning code for the subject property. No patio slab shall be closer than 2 feet to any property line. Wall heights within the front yard setback are hereby granted variance to a height of six feet due to their location on the lot below street level. CO/05/CRO2-128wp 2(10-21-88\6) 2 of 7 (3) An irrevocable offer of dedication shall be made for ten (10) feet along San Elijo Avenue adjacent to the property for road purposes. San Elijo is classified as a local street requiring 60 foot right-of-way or 30 feet from centerline. (4) Encroachment into the 100-foot wetlands setback area shall be subject to approval by the Coastal Commission. (5) A licensed surveyor shall verify the height of the structure at the time of framing inspection to certify that the height shall not exceed 35 feet from ground level. (6) Plantings for landscaping shall be compatible with indigenous wetlands plant material as determined by the State Department of Fish and Game, excepting iceplant planting for slope retention. (7) The developer shall execute and record a covenant for the benefit of the City with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. (8) Storm drains will be required at locations specified by the Director of Public Works and in accordance with standard engineering practices. (9) The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of that program and City Ordinance. (10) A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage, and (11) Other standard requirements for engineering and fire code approval and the requirements specified in the Geotechnical Engineering Investigation for the subject sites. The existing concrete piers on the subject site shall remain undisturbed. (12) The mitigation conditions contained within the Negative Declaration shall be required: (a) Noise mitigation measures. CO/05/CRO2-128wp 3(10-21-88\6) 3 of 7 (b) No grading during the rainy season from October 15 to April 1. (13) The owner shall record a reciprocal easement agreement for the driveway access area servicing the 2 lots. Proof of the recorded document shall be provided prior to a final building inspection. (14) A covenant for open space on the wetlands portion of the subject parcels shall be recorded, to the satisfaction of the Planning and Community Development Department, prior to the issuance of a Building Permit. (15) A covenant limiting the height of landscaping for preservation of view shall be recorded, to the satisfaction of the Planning and Community Development Department, prior to the issuance of a Building Permit. (16) Owner(s) shall enter into a covenant waiving any claims of liability against the City and agree(s) to indemnify and hold harmless the City and City Employees relative to the approved project. This covenant is applicable to any bluff failure and erosion resulting from the development project. PASSED AND ADOPTED this 10th day of October, 1988, by the following vote, to wit: AYES: Barker, Orr, Slater NAYS: Shannon ABSENT: Crosthwaite ABSTAIN: None oAnn Shannon, Chairman f the Cardiff-by-the-Sea Community Advisory Board ATTEST: /' C () '-\ I ~l.L", L ,C J'{- - Assistant Planner Craig R. Olson CO/05/CRO2-128wp 4(10-21-88\6) 4 of 7 ATTACHMENT "A" Cardiff-by-the-Sea Community Advisory Board RESOLUTION NO. C-88-034 CASE NO. 88-196-DR Findings For Design Review (Section 23.08.076 Municipal Code) 23.08.072 Requlatory Conclusions - Generally. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The proj ect conforms to existing General Plan and Zoning Code Requirements for the subject site since it conforms to the density (10.9 Du/ Ac) and zoning setback, parking and height requirements. B. The project design is substantially consistent with the Design Review Guidelines. Evidence to Consider: The project conforms with architectural, landscape, and circulation specified in the guidelines for design review. C. The project would not adversely affect the health, safety or general welfare of the community. Evidence to Consider: The project does not intensify the existing use of the subject location since two single family dwellings are proposed. D. The project would not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The project will add architectural variation to the front, sides, and rear elevations of the structure; and is compatible in structural size to adjacent properties and the neighborhood. CO/05/CRO2-128wp 5(10-21-88\6) 5 of 7 ATTACHMENT II A II CONTINUED ORDINANCE NO. 87-80 INTERIM REGULATIONS FINDINGS The following findings are required to be made by the authorized agency in order to allow development to extend beyond the interim regulations for height and setbacks not to exceed existing zoning regulations. A. 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 as indicated in the "line of sight" study submitted with the application. B. The project is compatible in structural size (bulk and mass) to adjacent properties and neighborhood. C. There is reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studied since the proposed General Plan density permits the proposed use. D. 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 since the project conforms with existing zoning requirements for height, circulation, setback, etc. E. The proposed design complies with all other applicable requirements of state law and local ordinances since a Negative Declaration was adopted in compliance with CEQA. CO/05/CRO2-128wp 6(10-21-88\6) 6 of 7 ATTACHMENT "A" CONTINUED ORDINANCE SECTION NO. 30.78 Findinqs for Variance 1. The Variance allows the property owner privileges lawfully enj oyed by a substantial number of other property owners in the vicinity and under the same zoning district in that the increase in fence/wall heights would be less than 42 inches above the height of the property line at the street should the strict application of the Zoning Ordinance be applied. 2. The subj ect property slopes abruptly down from San Elijo Avenue towards the lagoon. This slope is not typical to surrounding properties within the same zoning district. 3. The slope of the property would limit the effectiveness of walls/fencing to prevent light and glare from vehicle headlights entering the property, and strict application of the height for walls/fences would not afford privacy screening to the property. 4. The granting of the subject variance does not imply a special privilege over and above those privileges enjoyed by other properties in the vicinity and within the same zoning classification since other properties are permitted front yard fencing which measures 42 inches in height from street elevation. 5. Section 6708 b. of the Zoning Ordinance limits fence height wi thin front yard setbacks to 42 inches. The subj ect variance allows a maximum height of six (6) feet for front yard wall/fencing when measured from ground level as shown on the plans approved by the Cardiff Community Advisory Board. CO/05/CRO2-128wp 7(10-21-88\6) 7 of 7