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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)