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;
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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.
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(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.
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(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
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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.
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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.
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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.
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