1989-06
RESOLUTION NO. C-89-006
A RESOLUTION OF THB CARDIFF-BY-THE-SEA
COKKUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR THE REMODEL OF AN
EXISTING SINGLE FAMILY DWELLING LOCATED AT
2530 SAN ELIJO AVENUE
(CASE NO. 88-366-DR)
WHEREAS,
a request for consideration of a Design Review
Application was filed by David Winkler to allow the remodel of a
single family dwelling,
as per Chapter 23 . 08 of the ci ty of
Encinitas Municipal/Zoning Codes, for the property located at 2530
San Elijo Avenue, legally described as;
That portion of Lot 3 in Section 27, Township 13 South, Range
4 West, San Bernadino Meridian, according to United States
Government Survey, approved April 19, 1881; as more
particularly described in the legal description on file with
the County Recorders Office (Record #1236).
WHEREAS, a public hearing was conducted on the application on
January 23, 1989, 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 January 18, 1989;
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
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WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Ordinance 87-80 and Section 23.08
of the Zoning Code (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 subj ect to the following
conditions:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
The project as submitted is approved and shall not be
altered without City approval.
All structural improvements shall maintain the setback
requirements prescribed by the current zoning code for
the subj ect property. No patio slab shall be closer than
2 feet to any property line.
The owner(s) shall submit proof of Coastal Commission
approval prior to issuance of a Building Permit.
A licensed surveyor shall verify the height of the
structure at the time of framing inspection to certify
that the height shall conform to approved plans.
Plantings for landscaping shall be compatible with
indigenous wetlands plant material as determined by the
State Department of Fish and Game.
The developer 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.
The proposed proj ect falls within areas indicated as
subject to flooding under the National Flood Insurance
Program and is subject to the provisions of that program
and City Ordinance.
The converted garage shall be constructed so that no more
than 50% of the exterior wall is exposed by more than 6
feet; thereby conforming to Zoning Code requirements for
a two-story structure.
No obstructions shall be permitted within the public
right-of-way to the satisfaction of the Public Works
Department.
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(10) 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.
(11) 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.
(12) Construction plans must clearly show if lower level is
a basement or a story based on definitions in section 403
and 420 of the Building Code. A second exit is required
from the 3rd level if it is determined to be a 3rd story.
(13) If required by the City Fire Department, a fire sprinkler
systems shall be installed per NFPA 13 D and Encinitas
Fire Ordinance specifications.
(14) No grading of the site shall occur during the rainy
season from October 15 to April 1.
(15) A covenant limiting the height of landscaping for
preservation of view shall be recorded, to the
satisfaction of the Planning and Community Development
Department, prior to the issuance of a Building Permit.
(16) Owner(s) shall enter into a covenant waiving any claims
of liability against the City and agree(s) to indemnify
and hold harmless the City and City Employees relative
to the approved project. This covenant is applicable to
any bluff failure and erosion resulting from the
development project.
(17) Plans submitted for Building Department Plan Check shall
be revised to a 4 in 12 pitched roof to lower the
ridge/peaks of the roof approximately 2 feet from the
roofline on plans reviewed and approved by the Community
Advisory Board.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that this project was found
to be exempt from Environmental Review, Section 15301 (e) CEQA.
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PASSED AND ADOPTED this 23rd day of January, 1989, by the
following vote, to wit:
AYES:
Barker, Crosthwaite, Orr, Shannon
NAYS:
None
ABSENT:
None
IU
errance Barker, Chairperson
of the Cardiff-by-the-Sea
Community Advisory Board
ABSTAIN:
None
ATTEST:
~bQ.o--Q~
Craig R. Olson
Assistant Planner
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ATTACHMENT "A"
Cardiff-by-the-sea Community Advisory Board
RESOLUTION NO. C-89-006
CASE NO. 88-366-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 a single family dwelling remodel is proposed.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to Consider:
The project will add 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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A.
c.
D.
E.
ATTACHMENT "A" CONTINUED
ORDINANCB NO. 87-80
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 not to exceed existing zoning regulations.
The projection out of the interim envelope does not
significantly impact the views of adj acent 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 sight" study submitted
with the application.
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.
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
requirements of state law and local ordinances.
applicable
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