1989-04
RESOLUTION NO. C-89-004
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 2127 MONTGOMERY AVENUE
(CASE NUMBER: 88-304-DR)
WHEREAS,
a request for consideration of a Design Review
application was filed by William Rendler and Steve Paschall 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
2127 Montgomery Avenue, legally described as:
Lots 41 and 42 in Block 58 of Cardiff A, in the County of San
Diego, State of California according to Map thereof No. 1334, filed
in the Office of the County Recorder of San Diego County, May 12,
1911.
WHEREAS, a public hearing was conducted on the application on
November 14, December 12,1988 and January 9,1989; 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, December 7, 1988 and
January 4, 1989;
2.
The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3.
Oral evidence submitted at the hearings;
written evidence submitted at the hearings;
4.
5.
Documentation and site plans submitted by the applicant;
and
6.
Environmental consideration per CEQA.
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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").
(
i
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:
(4)
(5)
(6)
(7)
(8)
(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 exceeding the height of the building.
(3)
An Irrevocable Offer of Dedication shall be made for 10 feet
along Montgomery Avenue adj acent to the property for road
purposes. Montgomery is classified as a local street
requiring a 60 foot right-of-way or 30 feet from centerline.
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.
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.
The developer shall pay the Traffic Mitigation Fee at the
established rate at the date of final inspection or the date
the certificate of occupancy is issued, whichever occurs
later.
If required by the Department 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. A soils report,
prepared by a qualified engineer, shall be submitted to the
Public Works Department at first submittal of a grading plan.
If required by the Department of Public Works, 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 Works. Concentrated
flows across driveways and/or sidewalks shall not be
permitted.
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(9)
The alley adjacent to the rear property line shall be repaired
to the satisfaction of the Director of Public Works.
(10) Improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by
the Director of Public Works. Plan check and inspection
expenses shall be paid by the developer.
(11) Two I-hour property line separation walls are required between
single family dwellings.
(12) Exterior stairs may not be closer than 3 feet to property line
and minimum stair width is 36 inches, unless slab is on grade.
(13) Fire sprinkler suppression systems shall be installed per NFPA
13D and Encinitas Fire Ordinance specifications.
(14) 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 9th day of January,
1989, by the
following, to wit:
AYES:
Barker, Crosthwaite, Shannon
NAYS:
None
ABSENT:
None
ABSTAIN:
Orr
/
/
.ff~tf~ l'
errance Barker, Chairperson
of the Cardiff-by-the-Sea
Community Advisory Board
t;il~
ATTEST: - ()
~ &- tR.. . o-t' ~
Assistant Planner
Craig R. Olson
CO/04/CRO5-172WP53(1-12-89-1)
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ATTACHMENT "A"
Cardiff-by-the-Sea Community Advisory Board
RESOLUTION NO. C-89-°ot
CASE NO. 88-304-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 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 adj acent properties and the
neighborhood.
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D.
E.
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 except for chimney and cut-out elevation
height extensions.
B.
The project is compatible in structural size (bulk and mass)
to adjacent properties and neighborhood.
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.
C.
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.
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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