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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 CO/04/CR06-496WP5 (4-30-90/6) 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 COI04/CR06-496WP5 (4-30-90/6) 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. COI04/CR06-496WP5 (4-30-90/6) (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. COI04/CR06-496WP5 (4-30-90/6)