1990-24
RESOLUTION NO. C-90-24
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 LINE SINGLE FAMILY RESIDENTIAL
DEVELOPMENT AT 2446 NEWPORT AVENUE
(CASE NUMBER: 90-10SDR)
WHEREAS, A request for consideration of a Design Review
Application was filed by Milton Vander Molen and Cohen & Associates
to allow the construction of a twin home structure per Chapter
23.08 (Design Review) of the Municipal Code for property located
at 2446 Newport Avenue and legally described as:
Lots 11 and 12 of Block 6 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, public hearings were conducted on the application on
June 11, and August 13, 1990, by the cardiff-by-the-Sea Community
Advisory Board who considered without limitation;
1. The staff reports dated June 6, and July 5, 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 design plans (dated received by the City on
June 27, 1990) submitted by the applicant;
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6. Revised elevation plan dated received by the City on August
8, 1990; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Chapters 23.08 (Design
Review) : (See Attachment nAn)
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
90-10S DR is hereby approved subject to the following conditions:
(1) The proj ect as submitted is approved and shall not be
altered without City approval.
(2) Fire Prevention District: 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
clearly visible from the street fronting the structure.
(3) Applicant shall contact the Public Works Department
regarding compliance with the following conditions [(3)
a through m]:
Gradina 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.
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Drainage 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 and/or sidewalks
shall not be permitted.
street Conditions:
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 off ice 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.
j. The developer shall obtain the City Engineer's approval
of the project improvement plans and enter into a secured
agreement with the City for completion of said
improvements prior to issuance of any building permit
within this project. The improvements shall be
constructed and accepted by the City Council prior to
occupancy. The improvements are paving the 15 foot alley
at the rear of the project, adjacent to the subject
property, with a structural section of 3" asphalt over
4" Class II Base.
utilities:
k. 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.
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1. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required
by the Municipal Code.
m. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
(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.
(5) 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) Nothing shall be placed on, or attached to the roof decks that
would extend beyond the 26 foot standard height envelope or
the highest point of the building's roof ridgeline. Enclosure
of the roof deck with any material (i.e., plexiglass) is
strictly prohibited.
(9) 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.
(10) 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.
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PASSED AND ADOPTED this 13th day of August, 1990, by the
following vote, to wit:
AYES: Orr, McCabe, Grossman, MacManus
NAYS: None
ABSENT: None
ABSTAIN: None
Chairperson
Community
ATTEST:
~c.~'~
Craig R. Olson, Assistant Planner
CO/04/CR07-S92wpS (8-1S-90/3) Page S of 6
ATTACHMENT nAn
cardiff-by-the-sea community Advisory Board
RESOLUTION NO. c.... QO- 2A-
CASE NO. 90-105 DR
I. Findings for Design Review
(section 23.08.076 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 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 side yard fencing and front yard garden walls.
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 project conforms in bulk and mass to other
residential property in the neighborhood and provides a
landscaped street setback area consistent with the
neighborhood. The Board finds that the project would not
materially depreciate the appearance of value of the
neighborhood.
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