1990-13
RESOLUTION NO. C-90-013
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A DESIGN REVIEW APPLICATION TO
ALLOW THE CONSTRUCTION OF FOUR SINGLE FAMILY
RESIDENTIAL DWELLINGS ON LEGAL LOTS OF RECORD
AT 1972, 1974, 1976 AND 1978 LAKE DRIVE
(CASE NO. 90-003 DR/EIA)
WHEREAS, Cardiff Investment Partners applied for a Design
Review permit for four single family dwelling units on four
individual lots per Chapter 23.08 (Design Review) of the Municipal
Code; and
WHEREAS, the property is located at 1972, 1974, 1976 and 1978
Lake Drive and legally described as follows:
Parcels 1 through 4 inclusive of Parcel Map 3145, in the City
of Encinitas, County of San Diego, state of California, filed
in the off ice of the County Recorder of San Diego county,
October 24, 1974.
WHEREAS, evidence was submitted and considered at public
hearings on March 26 and April 23, 1990 to include without
limitation:
a. Revised plans submitted by the applicant and dated
received April 12, 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 hearings;
d. The Agenda Reports dated March 21, and April 18, 1990;
e. The adopted General Plan, Zoning Code and associated Land
Use Maps; and
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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
90-003 DR/EIA is hereby approved subject to the following
conditions:
(1) The project is approved as submitted on revised plans dated
received by the City on April 12, 1990, and shall not be
altered without City approval.
Fire District:
(2) units and garages shall be fully fire sprinkled and plans for
such system shall be approved prior to building permit
issuance.
(3) Access road shall be a minimum of 20 feet wide. Access road
shall be paved and posted "No Parking/Fire Lane".
(4) Prior to delivery of combustible building materials on site,
water and sewer systems shall satisfactorily pass all required
tests and be connected to the public water and sewer systems.
In addition, the first lift of asphalt paving shall be in
place to provide adequate, permanent access for emergency
vehicles. Said access shall be maintained to the satisfaction
of the Fire District.
(5) All designated emergency access roads shall be posted pursuant
to the Fire District standards.
(6) Numbers shall be clearly visible from the street fronting the
structure. Where structures are located off a roadway on long
driveways, a monument shall be placed at the entrance where
the driveway intersects the main roadway. Address numbers
shall be displayed on this monument to the satisfaction of the
Fire District.
COI04/CR06-496WP5 (4-30-90/6)
(7) structures shall be protected by automatic fire sprinkler
systems. sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
(8) Prior to final recordation, the applicant shall submit a
letter from the Fire District stating that all development
impact, plan check and/or cost recovery fees have been paid
or secured to the satisfaction of the District.
(9) City Engineer: Applicant shall contact the Public Works
Department regarding compliance with the following conditions:
(9a-g).
Gradina Conditions
(a) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
(b) The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
(c) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners
of the affected properties.
(d) A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
(e) All slopes within this project shall be no steeper than
2: 1.
(f) A soilslgeologicallhydraulic report, as applicable, shall
be prepared by a qualified engineer (licensed by the
state of California to perform such work) at first
submittal of a grading plan.
Drainaae Conditions:
(g) A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
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required by the City Engineer to properly handle the
drainage.
(10) All conditions as specified on the Grading Plan (including the
provisions of the soils report) shall be incorporated into
project design and implementation.
(11) Design plans shall be revised to clearly indicate that no
portion of the structure, roof, or chimneys exceed 26 and 28
feet respectively when measured from lower of natural or
finished grade.
(12) Prior to the Building Department approving the connection of
the buildings to private sewer or water systems located in the
private right-of-way, the civil Engineer responsible for the
design and the inspector responsible for the system inspection
must certify, in writing, to the Director of Public Works that
the sewer and/or water systems were designed and constructed
in accordance with the utility District or Agency Standards
for public systems.
(13) Landscaping and automated irrigation 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 of the
buildings to the satisfaction of the Director of Planning and
community Development.
(14) A licensed surveyor or civil engineer shall verify the height
of the structures at the time of framing inspection to certify
that the height does not exceed the height measurements
specified on the revised plans which indicate that no portion
of the structure's roof exceeds the 26 foot standard height
from lower of natural or finished grade and 28 feet to top of
chimney from lower of natural or finished grade.
(15) A proponent or protestant of record may appeal a final
decision of the hear ing 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.
(16) The property owner shall record a Covenant, to run with the
land, requiring future property owners to maintain and/or
repair drainage improvements for the subject property. The
City shall be named as a party to the Covenant to insure the
enforcement of the Covenant's maintenance provisions to the
satisfaction of the Director of Planning and Community
Development.
(17) The driveway access to Lot 2 (and all other lots) shall be a
minimum of 24 feet in width as shown on the landscape plan
submitted by the applicant for this application review.
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(18) The applicant shall cause to be recorded a Covenant regarding
real property which sets forth this grant of approval. The
Covenant shall be in form and content satisfactory to the
Director of Planning and Community Development.
(19) 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.
BE IT FURTHER RESOLVED by the Cardiff-by-the-sea community
Advisory Board of the city of Encinitas that a Negative Declaration
(on file in the Department of Planning and Community Development)
is certified for the project in conformance with CEQA and the
City's Environmental Review Guidelines.
PASSED AND ADOPTED this 23rd day of April, 1990, by the
following vote, to wit:
AYES: Crosthwaite, MacManus, McCabe, Barker
NAYS: None
ABSENT: Orr
ABSTAIN: None
T rance Barker, Chairperson of the
Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
c,...lú> e .~~
Craig R. Olson, Assistant Planner
CO/04/CR06-496WP5 (4-30-90/6)
ATTACHMENT "A"
Cardiff-by-the-sea community Advisory Board
RESOLUTION NO. C-90-013
CASE NO. 90-003 DR/EIA
Findings for Design Review
(Chapter 23.08. 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 the Municipal Code.
Evidence: The Board finds that the pr~j~ct de~ign
conforms to all Code requirement prov~s~ons s~nce
revised plans indicate structural heights below the 26
and 28 foot standard envelope from lower of natural or
finished grade. All other Code requirements can be
satisfied by the project.
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 adjacent neighborhood.
The Board cannot identify any reason why the project
would materially depreciate the appearance or value of
the surrounding neighborhood.
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