1990-29
RESOLUTION NO. C-90-29
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 2324 OXFORD AVENUE
(CASE NUMBER: 90-164DR)
WHEREAS, A request for consideration of a Design Review
Application was filed by Dale Colosky and Varond/Hofman Design to
allow the construction of a twin home structure per Chapter 23.08
(Design Review) of the Municipal Code for property located at 2324
Oxford Avenue and legally described as:
Lots 7 and 8 of Block 14 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
August 13, and August 27, 1990, and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff reports dated August 8 and August 22, 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;
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5. Documentation and site plans submitted by the applicant dated
received July 2, 1990;
6. Revised plans dated received August 21, 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
90-164 DR is hereby approved subject to the following conditions:
(1) The project as submitted is approved and shall not be
altered without City approval or as conditioned herein.
(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 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 s]:
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. No grading shall occur outside the limits of the
project unless a letter of permission is obtained
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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.
g. Prior to hauling dirt or construction materials to
any proposed construction site within this project
the developer shall submit to and receive approval
from the City Engineer for the proposed haul route.
The developer shall comply with all conditions and
requirements the City Engineer may impose with
regards to the hauling operation.
Drainage Conditions
h. The developer shall exercise special care during the
construction phase of this project to prevent any
offsite siltation. The developer shall provide
erosion control measures and shall construct
temporary desiltation/detention basins of type, size
and location as approved by the City Engineer. The
basins and erosion control measures shall be shown
and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer
prior to the start of any other grading operations.
Prior to the removal of any basins or facilities so
constructed the area served shall be protected by
additional drainage facilities, slope erosion
control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the
City Engineer.
i. 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. Said drainage systems
may require extended improvements to the alley to
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install a concrete invert, as agreed by the
applicant, to the satisfaction of the City Engineer.
j. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
street Conditions
k. An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 10 feet along Oxford adjacent to the
property for public right-of-way purposes unless
waived pursuant to city Council Policy of March 14,
1990.
1. 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.
m. 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 of any building
permit for any unit within the project. The
improvements are:
Approved storm drain improvements to be installed
along the westerly property line at the alley,
adjacent to the subject lot or as specif ied in
Condition 3i.
n. 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
o. 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.
p. 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
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pole at the intersection of the alleys may be
required as determined by the Director of Public
Works.
q. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
SDecific Conditions:
r. 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.
s. 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. The plan shall be
revised to indicate the planter areas within the upper
and lower driveway and to specify planting material and
irrigation. Applicant has agreed to install 48 inch box
trees along the Oxford portion of the lot as specified
on the "file copy" plans reviewed by the Board.
(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. The plans submitted for
plan check review shall be revised to clearly show all
chimneys to conform to a maximum height of 28 feet when
measured from the lower of finish or natural grade
immediately adjacent.
(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) Plans submitted for building permit plan check shall
clearly indicate how the project adheres to a maximum
COI02/CRO9-622wpS5(09/13/90-2) Page 5 of 8
floor area ratio of 1250 square feet (including the first
floor stairway) to the satisfaction of the Director of
Planning and Community Development. The applicant has
agreed to a minimum 5% reduction in the Floor Area from
the plans reviewed by the Board.
(9) A "site construction plan" regarding the treatment of the
site during the construction phase including limitations
on working hours, the parking of construction workers'
vehicles, prohibition of dogs/loud radios, etc., access
to the property for heavy equipment, and liability for
any damage to adjaeent properties shall be submitted to,
and approved by, the Community Development Department
prior to Building Permit issuance. said plan shall limit
semi-trucks and other heavy trucks from utilizing the
alley. The property shall be posted to give notice to
subcontractors on limitations on working hours, access,
noise, parking in alley, etc. All subcontractors shall
be given a copy of the restrictions which shall be signed
by them and kept with the approved plans on site.
(10) Owner agrees to make all necessary repairs of damage to
alley, Norfolk Avenue, and Dublin Drive caused by heavy
equipment, machinery, and lor traffic directly involved
with the construction of the subject project.
(11) 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.
(12) 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 Encini tas 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 27th day of August, 1990, by the
following vote, to wit:
AYES: McCabe, Grossman, MacManus
NAYS: None
ABSENT: Orr
ABSTAIN: None
ATTEST:
ÚAtb (2 .J?~
craig R. Olson, Assistant Planner
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ATTACHMENT "A"
Cardiff-by-the-sea community Advisory Board
RESOLUTION NO. C-90-29
CASE NO. 90-164 DR
I. Findings for Design Review
(section 23.08.076 Municipal Code)
23.08.072 Recrulatory 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,standard height and
lot coverage. Project approval'has been conditioned to
require adherence to floor area ratio standards
(Condition 8) and other standards and policies of the
Zoning Ordinance and General Plan are satisfied.
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 take advantage of the site's steep slope by
providing a bridged driveway to access oxf ord Avenue.
The Landscape Plan indicates all areas which can be
landscaped to have plant material and an automated
irrigation system is provided. Privacy and security are
provided by use of walls and 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 project design tends to provide
architectural diversity while being sensitive to
contemporary design standards. The design and bulk and
mass of the building will compliment the surrounding
neighborhood.
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