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2004-36 RESOLUTION NO. PC 2004-36 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A VARIANCE AND COASTAL DEVELOPMENT PERMIT FOR AN EXTERIOR STAIRWAY PROJECTION TO BE CONSTRUCTED WITHIN A REQUIRED 5-FOOT MINIMUM SIDE YARD SETBACK FOR THE NORTHERN UNIT OF AN EXISTING RESIDENTIAL DUPLEX STRUCTURE ON AN EXISTING LEGAL LOT WITHIN THE RESIDENTIAL (R-ll) ZONING DISTRICT, THE COASTAL ZONE, AND THE CARDIFF BY THE SEA COMMUNITY AREA OF THE CITY OF ENCINIT AS, FOR THE PROPERTY LOCATED AT 2554 MANCHESTER AVENUE (CASE NO. 04-088 V/CDP; APN: 261-142-09-01) WHEREAS, an application requesting a Variance and Coastal Development Permit was filed by Karen Alexander to authorize the construction of a metal stairway structure projecting into the minimum required 5-foot side yard setback along the northern property line of an existing residential duplex structure to provide direct exterior access from the site's front upper street level area to the lower rear yard level on an existing legal lot in accordance with Chapters 30.16 (Residential Zones), 30.78 (Variances), and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the Residential (R- I I) Zoning District, legally described as: AN UNDIVIDED ONE-HALF (112) INTEREST AS A TENANT IN COMMON IN AND TO PARCEL NO. I OF PARCEL MAP NO. 16851, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 92-304819 ON MAY 19, 1992. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on August 19,2004, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: I. The August 19, 2004, agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; 3. Oral and written evidence submitted at the hearings; 4. Project drawings consisting of one (1) sheet titled Plot Plan, Details, Vicinity Map, and Notes stamped received by the City on April 13,2004; and CD:MRH:GIResosIRPC04088VCDP081904 WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.78 (Variances) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 04-088 V/CDP, subject to the following conditions: (SEE ATTACHMENT ItBIt) BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that tbis project is categorically exempt from environmental review pursuant to Sections 15301(e) and 15305(a) of the California Environmental Quality Act Guidelines (CEQA), which exempt additions to existing structures and minor side yard and setback variances not resulting in the creation of any new parcels from environmental review. PASSED AND ADOPTED tbis 19th day of August, 2004, by the following vote, to wit: A YES: Commissioners Avis, Bagg, Chapo, McCabe & Snow. NAYS: None. ABSENT: None. ABSTAIN: None. Gene hap air of the Encinitas Planning Commission ATTEST: - TSjJ U)~4v" ~ ~ Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. 2 CD:MRH:GlResosIRPC04088VCDP08 I 904 ATTACHMENT ItAIt Resolution No. PC 2004-36 Case No. 04-088 V/CDP FINDINGS FOR A VARIANCE STANDARD: Section 30.78.030 of the Encinitas Municipal Code provides that a variance may be granted only when, based upon the information presented in the application and during the Public Hearing, all of the following fmdings of fact can be made: A. A variance from 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 identical zoning classification. Facts: The subject application seeks approval for a Variance for a proposed metal stairway structure with concrete steps to be located within the required 5-foot side yard setback area for the northern unit of an existing residential duplex structure on an existing legal lot within the Residential (R - I I) Zoning District. The stairway is completely constructed of non- combustible materials, including a metal railing at the top of the retaining wall with metal stringers, concrete steps, and metal railings spanning the six foot drop in elevation from front to rear yard. Residential structures in the R-ll zone must maintain a minimum 5-foot side yard setback. Municipal Code Section 30.I6.010E6 allows architectural features of a primary structure, such as stairways and other features that create no additional livable area, to project into a required 5-foot side yard area no more than 2 feet horizontally and 6 feet vertically. The subject stairway element, which extends horizontally across the 5-foot side yard setback area nearly to the property line, is detached approximately 21 inches from the duplex structure's northern elevation and ends approximately 3 inches from the side property line. Thus, the stairway exceeds the maximum two-foot horizontal projection standard for architectural projections within a 5-foot required side yard setback. Additionally, the top railing of the stairway directly above the retaining wall is approximately 9 feet above the adjacent lower level finish grade behind the retaining wall. Though the stairway extends down to the lower level to a vertical height of just over three feet at its western terminus, the upper portion of the stairway exceeds the maximum 6- foot vertical projection standard for architectural projections within a 5- foot required side yard setback Therefore, the Variance is requested to permit the stairway element to exceed the maximum 2-foot horizontal and 6-foot vertical projection standards for architectural features within a required 5-foot side yard setback. Discussion: The stairway provides an essential direct exterior access to the rear section of the property from the street without requiring access through the interior of the northern residential unit or through the southerly end of the property. A concrete block retaining wall lies directly adjacent to the subject stairway across the side property line of the property to 3 CD:MRH:GlResosIRPC04088VCDP081904 the north which has a similar drop in elevation from front to rear yard. The majority of the existing residential structures in the immediate vicinity were constructed under County jurisdiction, are witbin the same R-ll zone, are steeply sloping from front to rear, and have nonconforming side yard stairways similar in design to the subject stairway that are completely witbin the required 5-foot side yard setback. Conclusion: The Planning Commission finds that special circumstances applicable to the property, including topography, exist and that the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 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 property is situated. Facts: The Variance is for an exterior stairway projection to exceed the maximum 2-foot horizontal and 6-foot vertical projection standard for architectural features witbin a required 5-foot side yard setback. Numerous other existing projects in the immediate vicinity have been constructed with similar setback reductions under County jurisdiction. Discussion: Many of the existing residential structures adjacent to the subject site have living space, garage elements, and architectural projections which encroach significantly into their respective setback areas. The exterior access stairway will provide direct access from the upper front yard level of the subject site to the lower rear yard area. Conclusion: The Planning Commission finds that granting the Variance for a stairway projection to exceed the maximum 2-foot horizontal and 6-foot vertical projection standards for architectural features witbin a 5-foot required side yard setback 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. 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. The provisions of tbis section shall not apply to use permits. Facts: The Municipal Code expressly allows for residential duplex structures with associated site improvements such as stairways, fences, walls, landscaping, etc. witbin the R- I I zone. The subject residential duplex structure is bordered by residential duplex structures with multi-story design and bulk and mass similar to the existing structure when viewed from the public right-of-way. . Discussion: With approval of the Variance for the exterior access stairway projection to exceed the maximum 2-foot horizontal and 6-foot vertical projection standards for architecturaI features within a 5-foot required side yard setback, the project conforms to all applicable requirements of the Encinitas Municipal Code. 4 CD:MRH:GlResosIRPC04088VCDP081904 Conclusion: The Planning Commission finds that the granting of the Variance for the exterior stairway projection does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. 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: I. 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 variance; 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 amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. Facts: The Variance is requested to permit the exterior stairway element to exceed the maximum 2-foot horizontal and 6-foot vertical projection standards for architectural features within a required 5-foot side yard setback. The subject Variance application request is to legalize an existing stairway constructed without City permits. Discussion: The stairway provides an essential direct exterior access to the rear section of the property from the street without requiring access through the interior of the northern residential unit or through the southerly end of the property. The stairway is largely not visible from any adjacent property and has no negative impact on any existing views. The only portion of the stairway visible from the east is the small section of metal railing located at the top landing above the existing retaining wall. A rear yard wall screens the stairway from view from properties to the west. Alternative development designs for the project would involve additional obtrusive retaining wall structures, increased grading and/or fill, and a potential remodeling of the exterior windows on the structure's northern elevation and the lower level interior space. Had the retaining wall structure not been constructed and if the natural sloping grade along the structure's northern elevation were still present, the proposed stairway could be constructed on grade in conformance with setback standards and no variance would be needed. Additionally, an alternative design would decrease the amount of existing screening landscaping located at the site's northeastern corner resulting in increased visual impact through the side access area from properties to the north, east and west. The subject site's upper street level and lower rear yard level design and existing side yard retaining wall are a result of the original development design and the significantly sloping topography of the area. 5 CD:MRH:GlResosIRPC04088VCDP081904 With approval of the Variance for the stairway projection to exceed the maximum horizontal and vertical standards for architectural features within a required 5-foot side yard setback, the project conforms to the Encinitas Municipal Code. The variation from the maximum projection standards would not constitute a rezone or amendment to the zoning code nor would it authorize or legalize the maintenance of a public nuisance since the existing residential duplex structure was built legally in conformance with requirements in place at that time. Stairways, fences, walls and gates are structures allowed by right in the Residential (R-I I) Zone. No public or private nuisance issues have been identified as a result of the project review and the project is determined to be exempt from environmental review pursuant to Sections 15301(e) and 15305(a) of the California Environmental Quality Act Guidelines (CEQA), which exempt additions to existing structures and minor side yard and setback variances not resulting in the creation of any new parcels from environmental review. Conclusion: The Planning Commission finds that due to the topography of the property, the Variance for an exterior access stairway projection: I.) Could not be avoided by an alternate development plan which would be ofIess significant impact to the site and adjacent properties than the project requiring a variance; 2.) Is not self-induced as a result of an action taken by the property owner or the owner's predecessor; 3.) Would not allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; and 4.) Would not authorize or legalize the maintenance of any public or private nuisance. 6 CD:MRH:GlResosIRPC04088VCDP081904 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following fmdings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: I. 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 Section 2 I 000 and following (CEQA) 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; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The subject application seeks approval for a Variance and Coastal Development Permit for an exterior access stairway projection which exceeds the maximum 2-foot horizontal and 6-foot vertical projection standard for architectural features witbin a required 5-foot side yard setback for the northern unit of an existing residential duplex structure on an existing legal lot witbin the Residential (R- 11) Zoning District. The project site lies witbin the Coastal Zone of the City of Encinitas and requires the issuance of a regular Coastal Development Permit. However, it has been determined that the site does not lie between the sea and the first improved public through road paralleling the sea, witbin 300 feet of mean high tide line, witbin 100 feet of any wetland, estuary or stream, or witbin 300 feet of the top of the seaward face of any coastal bluff. In accordance with Public Resources Code Sec. 30603( a), Coastal Zone development of property witbin these areas is defllled as appealable development witbin the Coastal Zone. Thus, any local approval action on the proposed project is not appealable to the California Coastal Commission. Discussion: Adherence to the development standards of all applicable chapters of the City's Municipal Code and the goals and policies of the Encinitas General Plan will implement Coastal Zone standards. With approval of a side yard projection variance, the project is in conformance with Chapter 30.16, Residential Zones, of the City's Municipal Code and a Coastal Development Permit can be approved. The project will not cause significant negative impacts to the surrounding area and will not adversely impact public coastal access. No evidence is found to show that the use will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located through the duration of such authorized use. The site is located on Manchester A venue, which is not between the sea or other body of water and the nearest public road. Therefore, Finding No.3 is not applicable to the subject project. 7 CD:MRH:GlResosIRPC04088VCDP081904 Conclusion: The Planning Commission finds that I) the project is consistent with the certified Local Coastal program of the City of Encinitas; 2) no mitigation measures will be implemented or required with the project since no significant adverse impacts have been identified that the activity may have on the environment; and 3) Finding No. 3 is not applicable to the project since it is not located between the sea or other body of water and the nearest public road. 8 CD:MRH:GlResosIRPC04088VCDP081904 ATTACHMENT ItBIt Resolution No. PC 2004-36 Case No. 04-088 V/CDP CONDITIONS OF APPROVAL Applicant: Alexander Location: 2554 Manchester Avenue (APN 261-142-09-01) SCI SPECIFIC CONDITIONS: SC2 This approval will expire on August 19,2006, at 5:00 PM, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on April 13, 2004, consisting of one (I) sheet titled Plot Plan, Details, Vicinity Map, and Notes, designated as approved by the Planning Commission on August 19, 2004, and shall not be altered without express authorization by the Planning and Building Department. SCA The owner shall apply for and obtain applicable building permits within 60 days of the expiration of applicable appeal period for the subject variance application in order to legalize the existing stairway structure to the satisfaction of the Planning and Building Department. The subject application is a result of a Code Enforcement Division action and is thus subject to double fees as part of the building permit application process. A Final Inspection is required by Planning and Code Enforcement Department staff to ensure compliance with approved drawings and to ensure closure of the applicable case file for the subject Code Enforcement Department action. G I STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITlON(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of tbis grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. 9 CD:MRH:GlResosIRPC04088VCDP081904 G5 Approval of tbis request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G I 2 Prior to any use of the project site pursuant to tbis permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G 13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDlTION(S): F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. 10 CD:MRH:GlResosIRPC04088VCDP081904