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1988-50 RESOLUTION NO. C-88-050 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW APPLICATION TO ALLOW TO ZERO LOT LINE DWELLINGS '--~ LOCATED AT 2358 OXFORD AVENUE (CASE NUMBER 88-292 DR) WHEREAS, a request for consideration of a Design Review Application was filed by Fred Kramer and Stephan Brendle 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 2358 Oxford Avenue, legally described as; Lots 18 and 19, in Block 14 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, February 14, 1910. WHEREAS, public hearings were conducted on the application on ',- November 14, 1988 and December 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 reports dated November 9,1988 and December 5, 1988; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted the hearing; ',-- CO/04/CRO5-171WP51(1-3-89) 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"). 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. (3) An Irrevocable Offer of Dedication shall be made for 10 feet along Oxford Avenue adjacent to the property for road purposes. Oxford 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 Traffic Mitigation and Drainage Fees at the established rate at the date the final inspection or the date the certificate of occupancy is issued, whichever occurs later. (7) Should it be deemed necessary by the Director of Public Works, 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 issuance of a building permit. CO/04/CRO5-171WP52(1-3-89) (8) Should it be deemed necessary by the Director of Public Works, a drainage system for handling and disposing of surface water originating wi thin the project shall be submitted to, and approved by, the Department of Public Works. Concentrated flows across driveways and/or sidewalks shall not be '~ permitted. (9) If it is determined by a site elevation analysis that the structure is considered to be three stories (as defined by the Building and Fire Departments), two exits shall be required from the third story. The structure shall be fully sprinklered per fire code standards. (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 12th day of December, 1988, by the following, to wit: AYES: Barker, Crosthwaite, Orr, Shannon NAYS: None '- ABSENT: None ABSTAIN: None ~ ~ Ann Shannon, Chairperson the Cardiff-by-the-Sea mmunity Advisory Board ATTEST: ~'éÞ e. . vQ~ Assistant Planner Craig R. Olson CO/04/CRO5-171WP5 3(1-3-89) ATTACHMENT "A" Cardiff-by-the-Sea Community Advisory Board RESOLUTION NO. C-88-050 CASE NO. 88-292-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. BvideDce 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. EvideDce 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. EvideDce 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. BvideDce 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/04/CRO5-171WP5 4(1-3-89) ATTACHKBIIT "A" COIITIIlUED ORDIIIAliCE 110.88-1' IIITERIM RBGULATIOIIS ~ 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 and the project was found exempt from floor area ration 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 proj ect 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. CO/04/CRO5-171WP5 5(1-3-89)