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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)