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1989-08 RESOLUTION NO. C-89-008 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COKKUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW APPLICATION AND VARIANCE TO ALLOW A DUPLEX DWELLING AND A 10 FOOT ENCROACHMENT INTO THB FRONT YARD SETBACK (50 FEET FROM CENTERLINE) AT 2142-44 MANCHESTER AVENUB (CASE NO.: 89-005 DR/V) WHEREAS, requests for consideration of a Design Review Application and zoning variance were filed by Geoffrey Belden to allow a detached duplex dwelling and a 10 foot encroachment variance into the front yard setback, as per Chapter 23.08 and 30.78 of the City of Encinitas Municipal/Zoning Codes, for property located at 2142-44 Manchester Avenue, legally described as; Lots 11,12 & 13 Block 30 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, November 14, 1910. WHEREAS, a Public Hearing was conducted on the application on February 13, 1989; and WHEREAS, the Community Advisory Board considered: 1. The staff report dated February 8, 1989; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; and written evidence submitted at the hearing; and 4. WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to section 23.08, Ordinance 88-19, and section 30.78 SEE ATTACHMENT "A" CO/05/CR02-232wp51(2-24-89) NOW, THEREFORE, BE IT RESOLVED by the Cardiff-By-The-Sea community Advisory Board of the city of Encinitas that the Design Review Application and Variance are hereby approved subject to the following conditions: (1) (2) (3) (4) (5) (6) (7) The project as submitted is approved and shall not be altered without City approval. Landscaping improvements shall be completed in substantial conformance to the Landscape Plan submitted by the applicant and approved by the Board. The automated irrigation system and plant material shall be maintained in working and healthy condition at all times. The height required for hedges or other dense landscaping is the height to be attained within 3 years of planting. Drought tolerant landscaping shall be utilized. The property owner shall sign a covenant to prohibit the landscaping from blocking views by maintaining heights not to exceed the building heights. Permittee to improve the 15' alley adjacent to the subject property to the satisfaction of the Department of Public Works. An irrevocable offer of dedication shall be made for 10' along Manchester Avenue adjacent to the property for road purposes. Manchester is classified as a local street requiring a 60' right-of-way or 30' from centerline. (8) Permittee to sign and record covenant agreeing not to protest any proceedings for the installation or acquisition of public improvements under any applicable special assessment proceedings. (9) The three lots of record shall be merged into a single parcel through a certificate of Compliance procedure prior to issuance of building permits. (10) 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. (11) The developer shall pay the Traffic and Drainage Mitigation Fees at the established rate at the date of final inspection or the date the certificate of occupancy is issued, whichever occurs later. (12) Should the Department of Public Works determine it necessary, 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 CO/05/CR02-232wp52(2-24-89) 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. (13) Should the Department of Public Works determine it necessary, 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. (14) If determined necessary by the Department of Public Works, 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. (15) Fire sprinkler suppression systems shall be installed per NFPA 13D and Encinitas Fire Ordinance specifications. (16) The total floor area per unit shall not exceed 2,250 square feet, excluding garage and basement as defined in the city council policy statement dated September 28, 1988. (17) A minimum distance of ten (10) feet shall be maintain between the two exterior walls of the dwelling units. (18) 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. CO/05/CR02-232wp53(2-24-89) PASSED AND ADOPTED this 13th day of February, 1989, by the following, to wit: AYES: crosthwaite, Barker, Orr, Shannon NAYS: None ABSENT: None ABSTAIN: None u~ Terrance Barker, Chairperson of the cardiff-by-the-Sea Community Advisory Board ATTEST: Û+\(D e- . aQ~~ craig R. Olson, Assistant Planner CO/05/CR02-232wp54(2-24-89) ATTACHMENT "A" Cardiff-by-the-Sea Community Advisory Board RESOLUTION NO. C-89-008 CASE NO. 89-005-DR/V 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. Evidence to consider: The project conforms to existing General Plan and zoning Code Requirements for the subject site since it conforms to the density (14.5 Du/Ac) , 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 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 will add 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/05/CRO2-186wp 4(11-22-88\1) 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 and setbacks not to exceed existing zoning regulations. A. B. 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 sight" study submitted with the application and on file in the Department of Planning and Community Development. 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. 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 will conform with existing zoning requirements for height, circulation, setback and lot coverage. D. E. The proposed design complies with all other applicable requirements of state law and local ordinances since the proj ect meets ordinance requirements, zoning standards, design standards, and is exempt from CEQA requirements. CO/05/CRO2-186wp 5(11-22-88\1) ATTACHMENT "A" CONTINUED ORDINANCE SECTION NO. 30.78 Findinas for Variance 1. The Variance allows the property owner privileges lawfully enjoyed by a substantial number of other property owners in the vicinity and under the same zoning district in that the encroachment into the front setbacks meets the 35 foot from centerline common to other properties in the area. 2. The applicant's property is physically special and unique in contrast with other lots in the same vicinity since it is located in an unusual 2 1/2 block area that requires a 50 foot from centerline setback. 3. The privilege sought by the applicant is not inconsistent with the limitation upon other properties in the vicinity, and is being enjoyed by owners of property in the vicinity, since other single family dwellings, apartments and duplexes in the same vicinity have been developed to the 35' from centerline setback. 4. The granting of this Variance would not authorize a use that is not expressly authorized by the zoning regulations, since single family dwelling units are allowed in the zone. 5. The granting of this Variance would not grant a privilege not enjoyed by other property in the vicinity, since other properties are presently built at the 35' from centerline setback, and the city is recommending a change to the zoning code to allow a special centerline "J*" setback designator for this 2 1/2 block area. CO/05/CRO2-186wp 6(11-22-88\1)