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1988-37 , RESOLUTION NO. C-88-037 I A RESOLUTION OF THE CARDIFF-BY-THE-SEA . : COMMUNITY ADVISORY BOARD APPROVING A MODIFICATION TO A I DESIGN REVIEW PERMIT FOR PROPERTY OF LOTS 21 AND 22, BLOCK 22, MAP 1298, COUNTY OF SAN DIEGO, . ¡: CITY OF ENCINTAS (COMMONLY KNOWN AS 2280 MONTGOMERY AVENUE) WHEREAS. I' Lyle J. Stewart applied for a modification to a Design Review permit to allow the flat roof to be constructed and for the chimneys to encroach a~ove at 16' above the crown of the street/.for two zero lot line t at - dwelling units on two lots as per Chapter 23.08 Design Review, of the City of Encinitas Zoning Ordinance; WHEREAS, a' public hearing was conducted on the application by the Cardiff-by-the-Sea Community Advisory Board on September 12, 1988 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site'plan submitted by the applicant; b. Written information submitted with the application; c. Oral testimony from staff, applicant, and public made , a part of the record at said public hearing; d. CAB staff report (87-20t-DR) dated September 7, 1988 which is on file in the Department of Planning and Community Development; and e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea LN/ln/CABll-599wpa (5-17-88) Community Advisory Board of the city of Encinitas that the modification to the Design Review permit for two zero lot line dwelling units is hereby approved subject to the following , . findings: I . 1. That the proposed project is in conformance with section 23.08.72 of the Design Review Ordinance, since the project is consistent with the existing and proposed general plan and is an allowed use in the RV-ll zone; 2. That the proposed project is in conformance with section 23.08.74 of the Design Review Ordinance, since the project design is proposed to set into the site as much as possible and the required interim ordinance setbacks are being maintained; 3. That the " proposed project is in conformance with section 23.08.76 of the Design Review Ordinance, since the project design is compatible with the surrounding neighborhood and is of a similar scale and bulk as other projects being constructed; 4. That the proposed project is in conformance with section 23.08.77 of the Design Review Ordinance, since the project is proposing landscaping that is compatible with the neighborhood and will be maintained at the height of the building in order to help preserve views; 5. The project design does preserve significant public views to the extent possible, and offers mitigation for lost views, since the structure is proposed at 16' above the crown of the street, and the CAB has determined that some of the significant views are being maintained for neighboring properties with the project at 16'; 6. 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, since it is proposed to be constructed at 16' above the LN/ln/CAB11-599wpa (5-17-88) crown of the street; 7. 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 I enjoyed by residents of nearby properties and soma significant views will be retained through the subject site to the west; 8. That the project is compatible in structural size (bulk and mass) to adjacent properties and neighborhood since it is proposed to be of a similar size as the existing structures in the neighborhood; 9. There is reasonable probability that the land use and des ign proposed will be consistent with the General Plan proposal being considered or studied, since the density and zone is not proposed to be changed; 10. 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 it is a use that is proposed to be allowed; and 11. The proposed design complies with all other applicable requirements of state law and local ordinances. BE IT ALSO RESOLVED, that the Design Review Permit is approved with.the following conditions: A. The project is approved as submitted and shall not be altered without Community Advisory Board review and approval. B. Prior to the City Building Department issuing a final inspection" on framing, the applicant shall prov ide a survey from a civil engineer as to the building height. C. The alley shall be resurfaced with a minimum 1" of asphalt overlay. LN/ln/CABll-599wpa (5-17-88) D. A covenant shall be recorded at the County Recorders office agreeing to plant the landscaping on the approved landscape plan and to maintain the landscaping at a height no higer than the height of the structure. . PASSED AND ADOPTED this 12th day of September, 1988 by the followi~g vote, to wit: AYES: Slater, Crosthwaite, Shannon" Orr NAYS: Barker ABSENT: None ABSTAIN: None of the ATTEST: ~;¿ J50S;2 ~ / DA S. NILES, Assistant Planner LN/ln/CABll-599wpa (5-17-88) RESOLUTION NO. C-88-037 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A MODIFICATION TO A DESIGN REVIEW PERMIT FOR PROPERTY OF LOTS 21 AND 22, BLOCK 22, MAP 1298, COUNTY OF SAN DIEGO, CITY OF ENCINTAS (COMMONLY KNOWN AS 2280 MONTGOMERY AVENUE) WHEREAS, Lyle J. Stewart applied for a modification to a Design Review permit to allow the flat roof to be constructed at 16' above the crown of the street, and for chimneys to encroach into the required sideyard set backs for two zero lot line dwelling units on two lots as per Chapter 23.08 Design Review, of the City of Encinitas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application by the Cardiff-by-the-Sea Community Advisory Board on September 12, 1988 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. site plan submitted by the applicant; b. written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff report (87-201-DR) dated September 7, 1988 which is on file in the Department of Planning and Community Development; and e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea LN/ln/CABll-599wpa (5-17-88) Community Advisory Board of the city of Encinitas that the modification to the Design Review permit for two zero lot line dwelling units is hereby approved subject to the following findings: 1. That the proposed project is in conformance with section 23.08.72 of the Design Review Ordinance, since the project is consistent with the existing and proposed general plan and is an allowed use in the RV-11 zone; 2. That the proposed project is in conformance with Section 23.08.74 of the Design Review Ordinance, since the project design is proposed to set into the site as much as possible and the required interim ordinance setbacks are being maintained; 3. That the proposed project is in conformance with Section 23.08.76 of the Design Review ordinance, since the project design is compatible with the surrounding neighborhood and is of a similar scale and bulk as other projects being constructed; 4. That the proposed project is in conformance with section 23.08.77 of the Design Review Ordinance, since the project is proposing landscaping that is compatible with the neighborhood and will be maintained at the height of the building in order to help preserve views; 5. The project design does preserve significant public views to the extent possible, and offers mitigation for lost views, since the structure is proposed at 16' above the crown of the street, and the CAB has determined that some of the significant views are being maintained for neighboring properties with the project at 16'; 6. 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, since it is proposed to be constructed at 16' above the LN/ln/CABll-599wpa (5-17-88) crown of the street; 7. That 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 and some significant views will be retained through the subject site to the west; 8. That the project is compatible in structural size (bulk and mass) to adjacent properties and neighborhood since it is proposed to be of a similar size as the existing structures in the neighborhood; 9. 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 density and zone is not proposed to be changed; 10. 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 it is a use that is proposed to be allowed; and 11. The proposed design complies with all other applicable requirements of state law and local ordinances. BE IT ALSO RESOLVED, that the Design Review Permit is approved with the following conditions: A. The project is approved as submitted and shall not be altered without Community Advisory Board review and approval. B. Prior to the City Building Department issuing a final inspection on framing, the applicant shall prov ide a survey from a civil engineer as to the building height. C. The alley shall be resurfaced with a minimum 1" of asphalt overlay. LN/ln/CABll-599wpa (5-17-88) D. A covenant shall be recorded at the County Recorders office agreeing to plant the landscaping on the approved landscape plan and to maintain the landscaping at a height no higer than the height of the structure. PASSED AND ADOPTED this 12th day of September, 1988 by the following vote, to wit: AYES: Slater, Crosthwaite, Shannon, Orr NAYS: Barker ABSENT: None ABSTAIN: None ANN SHANNON, Chairman of the rdiff-by-the-Sea ommunity Advisory Board ATTEST: ~cp "j; I DA S. NILES, Assistant Planner LN/ln/CABll-599wpa (5-17-88) APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX B LOCAL AGENCY REVIEW FORM ISECTION A (To be completed by applicant) Applicant WU;: ~ kA-)#~ 5~AAr / ()JIW*- ~ 5 (..Çë.. 'i t Project description OOh,} STJt.tJc. T1 otJ If ::' :2,-0 Lor L¡IJI;t SI~LÆ. F"~I t.."t 'btüt:<:.LU),)(., Location )..2 eo M ONïc"oM R4l.1 Av-E." CAR.o~ e4 ~ SiGA- (4. q~7 . Assessor's Parcel Number 2(,,/, - 077-"- ~ l -2-"2....- ¡SECTION B (To be completed by local planning or building inspection department)! Zoning designation <'V-I! lð ' ~ sç du/ac I General or Community Plan designation ~? /0 19 du/ac Local Discretionary Approvals , [] Proposed development meets all zoning requirements and needs no local permits other than building permits. [] Proposed develop~ent needs local discretionary approvals noted below. Needed Received 0 ß Design/Architectural review r?~J- <3<'b -~~ ~~N 0 0 Vari ance for ~ tJ¡ ) ~, 0 0 Rezone from ¿wi <i</" / ~ ,'7 ~ [] 0 Tentati ve Subdi vi s i on/Parce 1 r~ap No. / ð I[).) ~~ [] 0 Grading/Land Development Permit No. /YJ. 0 0 Planned Residential/Commercial Development 0 0 Site Plan Review [] 0 Condominium Conversion Permit [] 0 Conditional, Special, or Major Use Permit No. [] 0 Other CEQA Status 0 Categorically Exempt - Class q Item a 0 Negative Declaration Granted - [] Environmental Impact Report Required, Final Report certified Prepa",d for the CiÃcounty of ~tU~liu byr£1~ ; ~1: Da te / ;;,1 ó1 / '6. Tit 1 e .i!Mtto/ /