1988-41
RESOLUTION NO. C-88-041
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR PROPERTY OF LOTS 9 THROUGH 17,
IN BLOCK 12, MAP 1298, COUNTY OF SAN DIEGO,
CITY OF ENCINTAS (COMMONLY KNOWN AS 2334 EDINBURGH AVENUE)
WHEREAS, Ventura and Luz Guerrero applied for a Design
Review permit for a duplex as per Chapter 23.08 Design
Review, of the City of Encinitas zoning Ordinance;
WHEREAS, public hearings were conducted on the application
by the Cardiff-by-the-Sea community Advisory Board on July 25,
and August 22, 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 reports (88-131-DR) dated July 19 and
August 17, 1988 which are 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
community Advisory Board of the City of Encinitas that the
Design Review permit for a duplex is hereby approved subject
to the following findings:
LN/ln/CAB11-868wp (7-19-88)
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 has consolidated unusually
small and irregularly shaped lots to provide a larger
lot for the purpose of constructing a duplex unit and
the unit will preserve a major portion of the lot in
open space;
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 or
smaller scale and bulk than 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 to retain a
considerable portion of the lot in open space with a
dense landscape plan dated 8/2/88 that partially
screens the structure from view from Highway 5 to the
east;
5. The project design does preserve significant public
views to the extent possible, and offers mitigation
for lost views, since the structure is within the
interim development height limit and the structure is
smaller than could be constructed. Public views are
defined as those views provided from public property;
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 within the interim height limit
of 26';
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 no
significant views presently exist through the subject
site to the west;
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8. That the project is compatible in structural size
(bulk and mass) to adjacent properties and
neighborhood since it is proposed to be smaller than
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;
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.
12. On July 25, 1988 the Cardiff By-The-Sea community
Advisory Board made the findings and approved the
Boundary Adjustment to allow the realignment of 9
subsized lots to 2 legal lots and approved a Variance
for a reduction to the front and rear yard setbacks
for the duplex unit.
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. The applicant shall record the Record of Survey Map
and Certificate of Compliance for the approved
Boundary Adjustment with the County of San Diego
prior to final occupancy of the dwelling unit.
C. Prior to the city Building Department issuing a final
inspection on framing, the applicant shall provide a
survey from a civil engineer as to the building
height.
LN/ln/CABll-868wp (7-19-88)
PASSED AND ADOPTED this 22nd day of August, 1988 by the
following vote, to wit:
AYES: Boardmembers Shannon, Barker, Orr, and Slater
NAYS: None
ABSENT: Boardmember Crosthwaite
ABSTAIN: None
~
JO ANN~ SHANNON, Chairman of the
c/rdiff-by-the-sea Community
A visory Board
ATTEST:
LN/ln/CABll-868wp (7-19-88)