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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 CO/02/CRO4-218wp51(2-8-89-1) 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. CO/02/CR04-218wp52(2-8-89-1) (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. CO/02/CR04-218wp53(2-8-89-1) 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 CO/02/CR04-218wp54(2-8-89-1) 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. CO/02/CR04-218wp55(2-8-89-1) 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 CO/02/CR04-218wp56(2-8-89-1)