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1990-18 RESOLUTION NO. C-90-018 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW APPLICATION REQUEST TO ALLOW THE CONSTRUCTION OF A 2-ZERO LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 2341 NEWPORT AVENUE (CASE NUMBER: 90-088DR) WHEREAS, A request for consideration of a Design Review Application was filed by David Kim and Paul Ocheltree to allow the construction of a twin home structure per Chapter 23.08 (Design Review) of the Municipal Code for property located at 2341 Newport Avenue and legally described as: Lots 38 and 39 of Block 17 of Cardiff in the City of Encinitas, 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 June 11, 1990, and said hearing was continued from the May 14, 1990, hearing due to a lack of quorum; WHEREAS, the Community Advisory Board considered without limitation; 1. The staff reports dated May 9, and June 6, 1990; 2. The adopted General Plan, Zoning Code and associated Land Use Maps; 3. Oral evidence submitted at the hearings; 4. Written evidence submitted at the hearings; 5. Documentation and site plans submitted by the applicant; and COI04/CR07-564wp51(6-21-90/3) WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the required findings pursuant to Chapters 23.08 (Design Review): (See Attachment "A") NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that application 90-008 DR is hereby approved subject to the following conditions: (1) The project as submitted is approved 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 shall be fully fire sprinklered and plans for such system shall be approved prior to building permit issuance. Address numbers shall be cleéjlrly visible from the street fronting the structure. (3) Applicant shall contact the Public Works Department regarding compliance with the following conditions [(3) a through n]: Grading Conditions a. The developer shall obtain a grading permit (if applicable) 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 Encinitas 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. 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. CO/04/CR07-S64wpS 2(6-21-90/3) Drainaae Conditions: d. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. e. Concentrated flows across driveways andlor sidewalks shall not be permitted. f. An Irrevocable Offer of Dedication (IOD) shall be made for 5 feet along Newport Avenue adjacent to the property for public right-of-way purposes unless waived pursuant to City Council Policy of March 14, 1990. g. Prior to any work being performed in the public right- of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. h. Plans and specifications, for all improvements, shall be prepared by a registered Civil Engineer. i. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right- of-way improvements. utilities: j. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and cable TV authorities. k. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required by the Municipal Code. The relocation or undergrounding of the existing utility pole at the intersection of the alleys may be required as determined by the Director of Public Works. 1. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. COI04/CR07-564wpS 3(6-21-90/3) SDecific Conditions: m. All alleys fronting the subject property shall be improved in accordance with City standards to the satisfaction of the Director of Public Works with a structural section of 3 inch asphalt and 4 inches of class II rock base. n. A drainage plan shall be prepared and implemented for the alleys to the satisfaction of the Director of Public Works. (4) 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. (S) 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. (6) The developer shall pay Traffic Mitigation and Drainage Fees at the established rate at or before the date of final inspection. (7) All exterior lighting shall be shielded to prevent excess glare from affecting the enjoyment of adjacent property to the satisfaction of the Director of Community Development. (8) The banisters located around the light wells shall be designed to compliment the architectural design of the building to the satisfaction of the Director of Community Development. A "pipe rail" design is not appropriate for this project. (9) Nothing shall be placed on, or attached to, the ~ roof Slt~qo deck that would extend beyond the 26 foot standard height C. (l... Us.,\ envelope or the highest point of the building's roof line. Enclosure of the roof deck with any material (Le.: plexiglass) is strictly prohibited. (10) This permit shall expire and become null and void after two (2) years of the effective date if building permits have not been issued for the approved project in accordance with section 23.08.160 of the Municipal Code. CO/04/CR07-S64wpS 4(6-21-90/3) (11) A proponent of protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. 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 11th day of June, 1990, by the following vote, to wit: AYES: MacManus, Orr, Barker, McCabe NAYS: None ABSENT: Crosthwaite ABSTAIN: None ATTEST: ~ e .Ar- Craig R. Olson, Assistant Planner CO/04/CR07-564wp5 5(6-21-90/3) ATTACHMENT "A" Cardiff-by-the-Sea community Advisory Board RESOLUTION NO. C-90-018 CASE NO. 90-088 DR I. Findings for Design Review (section 23.08.076 Municipal Code) 23.08.072 Regulatorv Conclusions - Generally. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of the Municipal Code. Evidence: The Cardiff Community Advisory Board finds the project in conformance with setback, Floor Area Ratio, lot coverage, standard height and other standards and policies of the Zoning Ordinance and General Plan. B. The project design is substantially consistent with the Design Review Guidelines. Evidence: The proposed design tends to provide architectural variation to the exterior walls to reduce the bulk and mass of the building. The building and site design provide a larger than required front yard landscape area and garages are accessed from the rear alley. The Landscape Plan indicates all areas which can be landscaped to have plant material and automated irrigation systems. Privacy and security are provided by use of S foot high wood fencing along side yards. Deck and balcony locations are not anticipated to impact the privacy of nearby property. C. The project would adversely affect the health, safety or general welfare of the community. Evidence: The property has been used for residential use for many years and the proposed "twin-home" use is not anticipated to adversely impact the health, safety or general welfare of the community. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: The Board finds the project design consistent with development within the neighborhood and can find no evidence to conclude that the project would materially depreciate the appearance or value of the neighborhood. CO/04/CR07-564wp56(7-S-90/4)