1988-45
RESOLUTION NO. C-88-045
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
"'"'-' COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A DESIGN REVIEW APPLICATION TO ALLOW
TWO ZERO LOT LINE DWELLINGS
LOCATED AT 2357 SAN ELIJO AVENUE
(CASE NUMBER 88-276 DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by John Dulich and Greg Watts to allow
two zero lot line dwellings, as per Chapter 23.08 of the City
of Encinitas Municipal/Zoning Codes, for the property located
at 2357 San Elijo Avenue, legally described as:
Lots 38 and 39 in Block 18 of Cardiff, in the City of
Encinitas, County of San Diego, State of California,
according to map thereof No. 1298, filed in the office of
the County Recorder of said County, November 14, 1910.
WHEREAS, a public hearing was conducted on the application
on November 14, 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 November 9, 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
6. Environmental consideration per CEQA.
"--
CO/O5/CRO5-173WP 1(11-28-88\1)
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board
made the following findings pursuant to section 23.08 of the
'--- Zoning Code and Ordinance 88-19 (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) Landscaping and an automated irrigation system shall be
provided per the landscape plan submitted and approved.
The property owner shall sign and record a covenant to
prohibit landscaping from blocking views. staff shall
review the landscape plant material to find it in
conformance with the city's approved list.
(3) An Irrevocable Offer of Dedication shall be made for 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 or 30 feet from
centerline.
'---
(4) The property owner shall execute and record a covenant for
the benefit of the City with the County Recorder agreeing
not to oppose the formation of an assessment district to
fund the installation of right-of-way improvements.
(5) 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.
(6) The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the final inspection or the
date the certificate or occupancy is issued, whichever
occurs later.
(7) Should 50 cubic yards or more of material be moved, a
grading plan, in accordance with the City's grading
ordinance, shall be submitted to, and approved by, the
Public Works Department prior to the l.ssuance of a
building permit.
(8) Should the Public Works Department deem it necessary, a
drainage system plan for handling and disposing of
surface water originating within the project shall be
submitted to, and approved by, the Department of Public
'-
CO/05/CRO5-173WP 2(11-28-88\1)
Works. Concentrated flows across driveways and/or
sidewalks shall not be permitted.
(9) Plans submitted to the city Fire Department for plan check
"'- review, shall indicate fire sprinkler suppression systems
in accordance with Uniform Fire Codes and City Ordinance.
(10) Other standard requirements for engineering and fire code
approval shall be satisfied by the project developer.
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.
PASSED AND ADOPTED this 14th day of November, 1988, by
the following, to wit:
AYES: Crosthwaite, Shannon, Slater, Orr
NAYS: None
ABSENT: Barker
ABSTAIN: None
"'- Ann Shannon, Chair-
erson of the Cardiff-
y-the-Sea community
Advisory Board
ATTEST:
~(. e.er9~
Assistant Planner
Craig R. Olson
'-
CO/05/CRO5-173WP 3(11-28-88\1)
. .
ATTACHMENT "A"
Cardiff-by-the-Sea Community Advisory Board
RESOLUTION NO. C-88-045
CASE NO. 88-267-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 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 two single family dwellings are
proposed.
D. The project would not tend to cause the
surrounding neighborhood to depreciate materially in
appearance or value.
Evidence to Consider:
The project provides 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/05/CRO5-173WP 4(11-28-88\1)
,
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 since the project is within
interim setback and height requirements for chimney
heights.
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
des ign proposed will be consistent with the General Plan
proposal being considered or studied since the proposed
General Plan density permits the proposed use and the
project was found exempt from Floor Area Ratio provisions.
'- 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 appl icable
requirements of state law and local ordinances since
requirements of the Uniform Building and Fire Codes, as
well as other applicable codes and ordinances, will be
made contingent upon building permit approval and issuance
of a certificate of Occupancy.
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CO/O5/CRO5-173WP 5(11-28-88\1)