1990-12
M f:;Þl&'O TO 1'. C.
RESOLUTION NO. C-90-012
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A DESIGN REVIEW APPLICATION TO
ALLOW THE CONSTRUCTION OF TWO SINGLE FAMILY
RESIDENTIAL DWELLINGS ON LOTS 1 AND 2 IN THE
MONACO SUBDIVISION (HAP NO. 4603) AT 1426 RUBENSTEIN AVENUE
(CASE NO. 88-145DR REVISED)
WHEREAS, Ralph E. Luedtke applied for a Design Review permit
for two single family dwelling units on two individual lots per
chapter 23.08 (Design Review) of the Municipal Code; and
WHEREAS, evidence was submitted and considered at a public
hearing to include without limitation:
a. Plans submitted by the applicant and dated received
February 27, 1990 and revised elevations dated received
March 29, 1990;
b. written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. The Agenda Reports dated March 7, and April 4, 1990;
e. The adopted General Plan, zoning Code and associated Land
Use Maps; and
WHEREAS, the Cardiff-by-the-sea community Advisory Board made
the required findings pursuant to Chapter 23.08 (Design Review) of
the Municipal Code:
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-sea
Community Advisory Board of the City of Encinitas that application
88-145DR revised and dated received on February 27, 1990, with
amended elevations dated received March 29,1990 is hereby approved
subject to the following conditions:
COI03/CRO7-483wp5 (4-19-90/3)
(1) The project as submitted is approved as submitted on plans
dated received by the City on February 27, 1990, with amended
elevations dated received March 29, 1990, and shall not be
altered without city approval.
(2) Prior to building permit issuance, applicant shall submit a
letter from the Fire Protection District stating that all plan
review fees have been paid. units and garages shall be fully
fire sprinkled and plans for such system shall be approved
prior to building permit issuance. Address numbers shall be
clearly visible from the street fronting the structure.
(3) Applicant shall contact the Public Works Department regarding
compliance with the following condition: No building permits
shall be issued until the City Engineer receives and approves
certifications from a registered civil Engineer regarding
finished pad elevations. The finished pad elevations shall
not be higher than the elevations shown on the revised
building plans and in conformance with the approved grading
plan. Survey stakes depicting the approved pad elevations
("Blue TOps") shall be set at the four corners of the proposed
structure for visual certification by the city Engineer.
(4) Plans submitted for building plan check for lot 1 shall
indicate the finish grade material backfilled against the
basement/garage wall to be at (or below) natural grade.
(5) Plans submitted for building plan check shall indicate the
height of the westerly chimney for the structure on Lot 1 to
be no more than 28 feet when measured from the finished grade
above the underground parking (i. e.: when viewed from the
northern or southern elevations). In lieu of a redesign to
conform to the 28 foot height standard, the chimney may be
eliminated.
(6) Landscaping and automated irrigation systems shall be
installed and shall conform to the plans reviewed and approved
by the Cardiff community Advisory Board. A covenant shall
limit landscape height to the approved structural height to
the satisfaction of the Director of Planning and community
Development.
(7) Garage doors shall be sectional "roll-up" type doors and shall
be provided an automated opening and closing system.
(8) A licensed surveyor or civil engineer 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. Chimneys in excess of 26
feet in height, to a maximum of 28 feet, shall be no wider
than 30 inches.
COI03/CRO7-483wp5 (4-19-90/3)
(9) A covenant shall be recorded to the satisfaction of the
Director of Planning and Community Development agreeing not
to protest an Assessment District to fund the installation of
storm drain improvements to benefit the subject property and
surrounding residential development.
(10) The applicant has agreed to install percolation systems to
address storm run-off from the roof gutter system for both
structures. The percolation system may be a 55 gallon barrel
system, installed in the ground, to aide in the percolation
of storm run-off from the roofs.
(11) A proponent or protestant of record may appeal a final
decision of the hearing body by filing an appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1.12 of the Encinitas Municipal Code.
(12) This design review permit shall become null and void after two
years from its effective date unless permits are acquired in
conformance to section 23.08.160 of the Municipal Code or in
accordance with the Growth Management Program.
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 15303(a) of CEQA.
PASSED AND ADOPTED this 9th day of April, 1990, by the
following vote, to wit:
AYES: Orr, Barker
NAYS: Mac Manus
ABSENT: McCabe, Crosthwaite
ABSTAIN: None
errance Barker, Chairperson of the
Cardiff-by-the-Sea community
Advisory Board
ATTEST:
~ Q. 0-9~
craig R. Olson, Assistant Planner
COI03/CR07-483wp5 (4-19-90/3)
ATTACHMENT "A"
Cardiff-by-the-Sea community Advisory Board
RESOLUTION NO. C-90-012
CASE NO. 88-145DR REVISED
Findings for Design Review
(Chapter 23.08. 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 the Municipal Code.
Evidence: The project conforms to the standard height
envelope, setbacks and lot coverage requirements of the
R-3 zoning District. The Board cannot identify any
reasons why the project would conflict with provisions
of the Residential 2.01-3 unit per acre designation of
the General Plan or the R-3 zoning district development
standards. The site is not regulated by any specific
plan restrictions.
B. The project design is substantially consistent with the
Design Review Guidelines.
Evidence: The Board cannot identify any reason why the
project does not conform to the Design Review guidelines
for site, building and landscape design. In addition,
the project conforms to privacy and security guidelines.
c. The project would adversely affect the health, safety or
general welfare of the community.
Evidence: The lots exist as legal lots of record,
suitable to the type of development proposed. The Board
cannot identify any reason why the health, safety or
general welfare of the community would be adversely
affected by the project.
D. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: The building designs and materials are similar
to existing dwellings within the subdivision. The Board
cannot identify any reason why the project would
materially depreciate the appearance or value of the
surrounding neighborhood.
COI03/CRO7-483wp5 (4-19-90/3)