1997-64
RESOLUTION NO. PC 97-64
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ENCINIT AS APPROVING A VARIANCE AND
A COASTAL DEVELOPMENT PERMIT TO ALLOW
ADDITIONSrO AN EXISTING RESIDENTIAL STRUCTURE
FOR PROPERTY LOCATED AT 465 NEPTUNE AVENUE
(CASE NO. 97-121 VICDP)
WHEREAS, Jeffrey Parshalle, architect for the property own~r, applied for a Variance and
Coastal Development Pennit to allow additions to an existing residential building located at 465
Neptune Avenue, including the following: 1) variance fÌ'om the required 20 ft. rear yard setback to
allow a proposed garage to encroach to the rear pr~rty line abutting the alley; 2) variance fÌ'om the
required 10ft. street side y~ .setback to allow a garage structure to encroach to within 4 ft. of the
southerly property line, and 3) . variance :&om the 40% lot coverage limitation of the subject RS-l1
Zone for a proposed coverage of 46%. Part of the approved project includes the conversion of the
existing duplex structure to a single family dwelling, pursuant to Chapters 30.78 (Variances), and
30.80 (Coastal Development Permits) of the Municipal Code of the City of Encinitas; for property
located at 465 Neptune Ave., Encinitas, further described as:
Lot 14 in Block "E" of Seaside Gardens, in the County of San Diego, State of California,
according to the Map thereof No. 1800, filed in the Office of the County Recorder of San
Diego County, August 6, 1924.
WHEREAS, a public hearing was conducted on the application by the Planning Commission
on October 23, 1997 and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a.
Project Plans, consisting of site plan, floor plans and building elevations, dated
received by the City of Encinitas on June 12, 1997, consisting of three sheets total;
b.
Written information submitted with the application;
c.
Oral testimony fÌ'om staff, applicant, and public made a part of the record at said public
hearing;
d.
Planning Commission staff report prepared for the meeting of October 23, 1997 which
is on file in the Department of Community Development;
e.
Additional written documentation.
WHEREAS, the Planning Commission of the City of Encinitas made the following findings
pursuant to Chapters 30.78 and 30.80 of the EncinitasMunicipal Code:
cdljk/RPC97121.765 (FINAL 10/29/97)1
SEE A IT ACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Encinitas that application 97-121 V /CDP is hereby approved subject to the following conditions:
SEE A IT ACHMENT liB II
BE IT FURTHER RESOLVED that the Planning Commission in its independent judgment
fmds that this project is exempt :&om environmental review, pursuant to Section 15301(e) of the
CalifomiaEnvironmental Quality Act Guidelines.
PASSED AND ADOPTED this 23rd of October 1997, by the following vote, to wit:
AYES:
Bagg, Jacobson, Lanham, Patton, Wells
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
- <þJ( LU~. fL-
Sandra Holder, Secretary
cd/DL1RPC97068.741 (FINAL 7/11/97)2
ATTACHMENT" A"
FINDINGS
Resolution No. PC- 97-64
Case No. 97-121 V/CDP
Applicant: Parshalle
I
Variance
Standard: A decision to approve a V arian~ must be based upon the written fmdings foUDd in
Section 30.78.030 of the MuDicipal Code:
A.
In reference to Municipal Code Section 30.78.030 (A), a variance fÌ'om the terms of the zoning
regulations shall be granted only when, because of the special circumstances applicable to the
property, including size, shape, topography, location or surroundings, the strict application of
the zoning regulations deprives such property of privileges enjoyed by other property in the
vicinity and under the same zoning classification.
FACTS: The subject property consists of a duplex (to be converted to a single family
dwelling) of approximately 3000 sq. ft., having no covered parking.
DISCUSSION: The project site provides no space for covered parking within the building
envelope. In order to accommodate parking outside of the required setbacks, significant
reconstruction to the interior of the building would be required.
CONCLUSION: The Planning Commission finds that existing site conditions deny the
property owner of enjoying the typical standard of covered parking. Approval of the variances
will permit the property owner to have two garaged spaces, a minimal provision customary for
a single family dwelling in the area.
B.
In reference to Municipal Code Section 30.78.024 (B), any variance granted shall be subject to
such conditions as will assure that the adjustment thereby authorized will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in the same vicinity
and zone in which the property is situated.
F ACTS:- The existing dwelling provides no covered parking. No space within the standard
building envelope is available for garaged parking.
DISCUSSION: The applicant's statement of justification documents that numerous other
properties in the area have parking garages located within the rear yard setback, and therefore
the approval of the variances would not constitute a grant of special privileges.
CONCLUSION: The Planning Commission finds that the variance as approved does not
constitute a grant of special privileges since numerous other properties within the surrounding
area enjoy similar encroachments for parking garages.
cd/jkIRPC97121.765 (FINAL 10/29/97)3
C.
In reference to Municipal Code Section 30.78.024 (C), a variance will not be granted for a
parcel of property which authorizes a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property.
FACTS: The existing dwelling consists of a duplex use in a single family zone (RS- 11).
DISCUSSION: The nonconforming duplex use will be made conforming with the approval
of this project given that it is proposed by the applicant and herein required by the City that the
duplex be converted to a single family dwelling as part of this approval.
CONCLUSION: The Planning Commission fmds that the approved variance will not
authorize a use or activity which is not otherwise expressly authorized by the zoning
regulations governing the parcel of property.
D.
In reference to Municipal Code Section 30.78.024 (D), no variance shall be granted if the
inability to enjoy the privilege enjoyed by other property in the vicinity and under identical
zoning classification:
1. Could be avoided by an alternate development plan which would be of less
significant impact to the site and adjacent properties than the project requiring a
vàriance;
2. Is self-induced as a result of an action taken by the property owner or the
owner's predecessor;
3. Would allow such a degree of variation as to constitute a rezoning or other
amendmentto the zoning code;
4. Would authorize or legalize the maintenance of any public or private
nwsance.
FACTS: The project site provides no space within the building envelope for covered parking.
DISCUSSION: Inherent site conditions preclude the property owner fÌ'om adding minimum
off-street covered parking without being able to rely upon a variance fÌ'om setbacks and lot
coverage. Because no space is available for parking within the building envelope, covered
parking may only be located within the existing structure, meaning that in order to provide
covered parking without having to rely upon a variance, significant reconstruction of the
existing dwelling would be needed.
CONCLUSION: The Planning Commission fmds that no reasonable alternate development
plan is available for the providing of normal covered off-street parking for the subject property.
The Planning Commission also finds that the grant of the variance would not constitute a
rezoning of the property or authorize the maintenance of a nuisance.
cd/DURPC97068.741 (FINAL 7/11/97)4
II
Coastal Development Permit
Standard: A decision to approve a Coastal Development Permit must be based upon the written
findings found in Section 30.80.090 of the Municipal Code:
Municipal Code Section 30.80.090
. 1. The project is consistent with the certified Local CoaStal Program of the City of Encinitas; and;
2. The proposed development conforms with Public Resources Code 21000 and following in that
there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the activity may have on the environment.
FACTS: The subject property consists of a duplex structure to be converted to a single family
dwelling having no covered parking. .
DISCUSSION: The project site provides no space for covered parking within the building
envelope. In order to accommodate minimal off-street covered parking, the grant of a variance
fÌ'om setbacks and lot coverage has been found to be warranted.
CONCLUSION: The City's General Plan and Municipal Code are applicable components of the
City's Local Coastal Plan. No aspect of the project has been identified which could have an
adverse impact on coastal resources or any natural resources. Since the Planning Commission has
determined that the required findings for a variance can be made in the case of the subject
application, the project is found to comply with all applicable provisions of the City's Municipal
Code, the Planning Commission finds that the project is consistent with the certified Local Coastal
Program of the City of Encinitas and that required fmding #2 is not applicable since no significant
adverse impact is associated with the project. The approval of this Coastal Development Permit
satisfies the requirements of the Encinitas Local Coastal Program.
cd/DL1RPC97068.741 (FINAL 7/11/97)5
ATTACHMENT"B"
CONDITIONS
Resolution No. PC- 97-64
Case No. 97-121 V/CDP
Applicant: Panhalle
A. SPECIFIC CONDITIONS
1
Prior to final inspection for any building permit for the subject residence, the structure
shall be converted to one single family dwelling, to the satisfaction of the Community
Development Department.
2.
Climbing vines shall be planted within the "vine planting pockets" as indicated on the
First Floor Plan of plan sheet no. 2.
B. GENERAL CONDITIONS
6.
1.
This approval will expire in two years, on October 23, 1999, at 5:00 p.m., unless the
conditions have been met or an extension has been approved by the authorized agency.
2.
At all times during the effective period of this pennit, the applicant shall obtain and
maintain in valid force and effect, each and every license and pennit required by a
governmental agency for the operation of the authorized activity.
3.
At no time during the effective period of this permit shall the applicant be delinquent in
the payment of lawful assessments relating to the property which is the subject of this
permit.
4.
Nothing in this permit shall relieve the applicant fÌ'om complying with the conditions
and regulations generally imposed upon activities similar in nature to the activity
authorized by this permit.
5.
Approval of this request shall not waive compliance with any sections of the Zoning
Code and all other applicable City Ordinances in effect at the time of construction
unless specifically waived herein.
Project is conditionally approved as submitted as evidenced by the Project Plans,
consisting of site plan, floor plans, and building elevations, dated received by the City
of Encinitas on June 12, 1997, consisting of three sheets total, and signed by a City
Official as approved by the Planning Commission on October 23, 1997, and shall not
be altered without Community Development Department review and approval.
cdljklRPC97121.765 (FINAL 10/29/97)6
7.
This approval may be appealed to the City Council within 15 . calendar daysftom the
date of this approval. This approval by the Planning Commission is also appealable to
the Coastal Commission. Appeals to the Coastal Commission must be filed within 10
working days after the Coastal Commission has received mailed notice of final local
action. Applicants will be notified by the Coastal Commission as to the date of when
the Commission's appeal period concludes.
THE APPLICANT SHALL CONTACT THE ENCINIT AS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
C.
2.
3.
lIRE
1.
Prior to final inspection of the project building permit, the applicant shall pay all
required project review fees.
Address numbers shall be placed in a location that will allow them to be clearly visible
ftom the street. The height of numbers shall conform to Encinitas Fire Department
Standards.
The garage wall abutting the property line is required to be of I-hour fire construction.
THE APPLICANT SHALL CONTACT THE ENCINIT AS TRAFFIC ENGINEER
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
D.
TRAFFIC ENGINEER
The applicant shall locate the proposed I5-gallon "New Zealand Christmas Tree(s)" to the
satisfaction of the Traffic Engineer, such that the tree does not block visibility to the adjacent
stop sign. Prior to installation of the proposed trees, the applicant shall also consult with the
Public Works Department regarding maintenance of the trees, since they will be located within
the public right-of-way.
APPLICANT SHALL CONTACT THE BUILDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
E.
DMSION
REGARDING
BUILDING DEPARTMENT
The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, Structural
calculations, and State Energy compliance documentation (Title 24). Construction plans shall
include a site plan, a foundation plan, roof and floor framing plans, floor plan(s), section details,
exterior elevations, and materials specifications. Submitted plans must show compliance with the
latest adopted editions of the California Building Code (The Uniform Building Code with California
Amendments, the California Mechanical, Electrical and Plumbing Code). These comments are
preliminary only. A comprehensive plancheck will be completed prior to permit issuance and
additional technical code requirements may be identified and changes to the originally submitted
plans may be required.
cd/jkIRPC97121.765 (FINAL 10/29/97)7