1988-42
RESOLUTION NO. C-88-042
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR THE REMODEL OF AN
EXISTING SINGLE FAMILY DWELLING LOCATED AT
2465 SAN ELIJO AVENUE (88-~DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by John L. Kies to allow the remodel of a
single family dwelling, as per Chapter 23.08 of the City of
Encinitas Municipal/Zoning Codes, for the property located at
2465 Elijo Avenue, legally described as;
Lots 33 and 34 in Block 6 of CARDIFF, in the County of San
Diego, State of California, according to Map thereof No.
1298, filed in the Office of the County Recorder of San
Diego County, November 14, 1910.
WHEREAS, a public hearing was conducted on the application
on September 12, 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 7, 1988;
2. The proposed General Plan, Local Coastal Program,
Zoning Code and maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Documentation and site plans submitted by the
applicant; and
CO/02/CAB5-941wp 5(11-17-88)
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 (Le., 35' from street
centerline for front setback).
(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 a 60 foot right-of-way of
30 feet from centerline.
(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 on a
one for one basis.
(5) The property owner shall sign and record covenant
agreeing not to protest any proceedings for the
installation or acquisition of public improvements
under any applicable special assessment proceedings.
(6) Staff has reviewed revised plans for the deck railing
with the applicant and the property owner to the
south. The revised plans are in conformance to the
condition required by the Board to limit view impact.
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(a) of
CEQA.
CO/02/CAB5-941wp 6(11-17-88)
PASSED AND ADOPTED this 12th day of September, 1988, by
the following vote, to wit:
AYES: Barker, Crosthwaite, Shannon, Slater, Orr
NAYS: None
ABSENT: None
ABSTAIN: None ~ r!~
Ji Ann Shannon, Chairperson
9 the Cardiff-by-the-Sea
mmunity Advisory Board
ATTEST: ~
~t{,{¿. ~ --
Assistant Planner
Craig R. Olson
CO/02/CAB5-941wp 7(11-17-88)
ATTACHMENT "A"
Cardiff-by-the-Sea Community Advisory Board
RESOLUTION NO. C-88-042
CASE NO. 88-~-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 project 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 single family
dwelling.
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/02/CRO3-126WP (11-17-88)
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(a) and
conforms with existing General Plan and Zoning
requirements.
CO/02/CRO3-126WP (11-17-88)