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.
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(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.
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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)