1988-35
RESOLUTION NO. C-88-035
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR THE REMODEL OF AN
EXISTING DUPLEX STRUCTURE LOCATED AT
322 STAFFORD AVENUE
(CASE NUMBER 88-247 DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by Jack Porter to allow the remodel of a
duplex dwelling, as per Chapter 23.08 of the City of Encinitas
Municipal/Zoning Codes, for the property located at 322
Stafford Avenue, legally described as;
All that portion of Lot 2, in block 94 of Cardiff Vista,
in the County of San Diego, State of California, according
to map thereof No. 1547, filed in the office of the County
Recorder of San Diego County, March 18, 1913, lying
westerly of the following described line:
Beginning at a point on that course in the southerly line
of said lot having the bearing and distance of "south
89°25' west 161.97 feet" distant thereon south 89°25' west
21.32 feet from the easterly terminus of said course;
thence north 20°55' west 143.75 feet; thence north
22°29'44" east 100.98 feet to the northeasterly line of
said lot.
WHEREAS, a public hearing was conducted on the application
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 October 6, 1988;
2. The proposed General Plan, Local Coastal Program,
Zoning Code and maps;
3. Oral evidence submitted at the hearing;
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4. Written evidence submitted at the hearing;
5. Documentation and site plans submitted by the
applicant; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board
made the required findings pursuant to Ordinance 88-19 and
Section 23.08 of the Zoning Code (See Attachment "A").
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.
(3) A licensed surveyor shall verify the height of the
structure at the time of framing inspection to
certify that the height does not exceed the height
measurements specified on the approved plans. Three
story construction is not permitted.
(4) The permittee shall retain and maintain all existing
landscaping to the extent possible and all existing
shrubs and/ or, trees removed shall be replaced in
accordance with the approved landscape plan.
(5) The property owner shall sign and record covenant
agreeing not to protest any proceedings for the
4Q'" installation or acquisition of public improvements
O~ under any applicable special assessment proceedings.
Øi~ An Irrevocable Offer of Dedication shall be made for
~ 20 feet along Stafford Avenue adjacent to the
NJ property for road purposes. Stafford Avenue is
V classified as a local street requiring a 60 foot
- right-of-way or 30 feet from centerline.
Q.V An Irrevocable Offer of Dedication shall be made for
10 feet along Rossini Drive adjacent to the property
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for road purposes. Rossini is classified as a local
street requiring a 60 foot right-of-way or 30 feet
from centerline.
(8) The project shall comply to all requirements of the
Building/public Works Department, the city Fire
Department and all other City Ordinances and
concerned agency requirements.
(9) 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.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
(1) This project was found to be exempt from
environmental review, Section 15303, Class 3(b) of
CEQA.
PASSED AND ADOPTED this 10th day of October, 1988, by the
following vote, to wit:
AYES: Barker, Orr, Shannon, Slater
NAYS: None
ABSENT: Crosthwaite
ABSTAIN: None
anne Shannon, Chairman
f the Cardiff-by-the-Sea
ommunity Advisory Board
ATTEST:
~~ e, c.Q~
Assistant Planner
Craig R. Olson
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ATTACHMENT "A"
Cardiff-by-the-Sea
RESOLUTION NO. C-88-035
CASE NO. 88-247-DR
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Regulatory 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 it will remain as a duplex
residential family dwellings.
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 .. A" CONTINUED
ORDINANCE NO. 88-19
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 site" 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 the
project is exempt under CEQA (Sec. 15303, Class 3(b) and
conforms with existing General Plan and Zoning
requirements.
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