1988-48
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RESOLUTION NO. C-88-048
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A DESIGN REVIEW APPLICATION TO ALLOW
~ TWO ZERO LOT LIN~ DWELLINGS
LOCATED AT 2462 AND 24 ~ NEWPORT AVENUE
(CASE NUMBER 88-298-DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by Stephen Jones 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 2462 and 2470
Newport Avenue, legally described as:
Lots 17 and 18 in Block 6 of Cardiff, 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
November 28,1988; 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 23, 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.
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").
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CO/05/CRO5-188WP51(12-9-88)
.
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 subj ect 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.
(3) An Irrevocable Offer of Dedication shall be made for 10 feet
along Newport Avenue adjacent to the property for road
purposes. Newport Avenue 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 and Drainage Mitigation
Fees at the established rate at the date the final inspection
or the date the certificate or occupancy is issued, whichever
occurs later.
(7) Plans submitted to the City Fire Department for plan check
review after November 14, 1988, shall indicate fire sprinkler
suppression systems in accordance with Uniform Fire Codes and
City Ordinance.
(8) 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.
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CO/05/CRO5-188WP52(12-9-88)
PASSED AND ADOPTED this 28th day of November, 1988, by the
----- following to wit:
AYES: Barker, Crosthwaite, Shannon
NAYS: None
ABSENT: Orr, Slater
ABSTAIN: None
ATTEST
~b(2.~
Assistant Planner
Craig R. Olson
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CO/05/CRO5-188WP53(12-9-88)
ATTACHMENT "A"
Cardiff-by-the-Sea Community Advisory Board
----- RESOLUTION NO. C-88-048
CASE NO. 88-298-DR
Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Reaulatorv Conclusions - Generally.
A. The project design is consistent with the General
Plan, a Specific Plan or the provisions of this Code.
Bvidence 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.
Bvidence to Consider:
The project conforms with architectural, landscape, and
'-- circulation specified in the guidel ines for design review.
C. The project would not adversely affect the health,
safety or general welfare of the community.
Bvidence 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.
Bvidence to Consider:
The project provides architectural variation to the front,
sides, and rear elevations of the structure; and is compatible
in structural size to adj acent properties and the
neighborhood.
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CO/05/CRO5-188WP54(12-9-88)
, .
ATTACHHBIIT "A" COIITIWBD
ORDIBUCB 110.88-1'
IIITBRIM RBGULATIOll8
,-.
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 except for two foot deck extensions into
the sideyards.
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 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 applicable
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/05/CRO5-188WP55(12-9-88)