2005-03
RESOLUTION NO. PC 2005-03
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A VARIANCE AND COASTAL PERMIT FOR A TWENTY PERCENT
REDUCTION OF THE 25-FOOT MINIMUM FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ATTACHED 280 SQUARE FOOT GARAGE ADDITION TO
AN EXISTING SINGLE F AMIL Y DWELLING, FOR THE PROPERTY LOCATED AT
1623 GLASGOW AVENUE IN THE CITY OF ENCINIT AS
(CASE NO. 04-062 MINV/CDP; APN: 260-301-18)
WHEREAS, a request for consideration of a Minor Variance and Coastal Development
Permit was filed by Chris and Shannon Vejar to allow the construction of an attached, one-story,
280 square foot garage addition to the street facing front elevation of an existing two-story single
family dwelling with a 20-foot setback from the front property line, which represents a 20
percent reduction of the minimwn required 25-foot front yard setback, in accordance with
Chapters 30.78 (Variances) and 30.80 (Coastal Development Permit) of the Encinitas Municipal
Code, for the property located in the Residential (R-8) Zoning District and the Coastal Zone, legally
described as:
LOT 8 IN BLOCK 106, OF CARDIFF VISTA, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1547, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913.
WHEREAS, the Planning Commission conducted noticed public hearings on the
application on December 2, 2004 and January 6, 2005, at which time all those desiring to be heard
were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The December 2, 2004 and January 6, 2005 agenda reports 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. Concept Landscape Plan, consisting of two (2) 8Y:.-inch by II-inch sheets, including
Cover Letter and Landscape Plan/Site Plan, all stamped received by the City of
Encinitas on December 9, 2004;
5. Project drawings consisting of three (3) sheets, including Site Plan, First and Second
Floor Plans, and Exterior Elevations, all stamped received by the City of Encinitas
on June 6, 2004; and
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WHEREAS, the Planning Commission made the following findings pursuant to Chapters
30.78 (Variances) and 30.80 (Coastal Development Permit) of the City of Encinitas Municipal
Code:
(SEE ATTACHMENT "An)
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application #04-062 MINV /CDP subject to the following conditions:
(SEE ATTACHMENT nB")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Section l530l(e)(1) of the California Environmental Quality Act (CEQA) Guidelines which
exempts additions to existing structures provided that the addition will not result in an increase
. of more than 50 percent of the floor area of the structure before the addition, or 2,500 square
feet, whichever is less.
PASSED AND ADOPTED this sixth day of January, 2005, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Gene Chap f the
Encinitas Planning Commission
ATTEST:
~ t(~~iA-4-
Patrick Murphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2005-03
Case No. 04-062 MINV/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 findings of fact can be made:
A. A variance from the terms of the zoning regulations shall be granted only when, because of
the special circwnstances 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 uoder identical zoning
classification.
Facts: The project consists of the construction of an attached one-story, one-car garage
addition to the front elevation of an existing two-story dwelling. The application includes a
Minor Variance request to allow the 20-foot long garage addition to encroach 5 feet into the
minimwn 25-foot front yard setback required for the R-8 Zoning District. The subject site
currently has no enclosed garage space as an existing garage originally located in the rear
yard area of the site at the northeast comer of the dwelling was converted into a family room
in 1968. Subsequently, an in-ground rear yard pool was constructed (1982), a deck and
exterior stairway were constructed in the southerly side yard area over the existing access
driveway, and portions of the rear and side yard areas have been used for unenclosed
exterior storage.
Discussion: The subject site is constrained due to the extent of the generally irreversible
existing development, including the garage conversion and in-ground rear yard pool, both
constructed under County jurisdiction prior to City incorporation. Existing single family
dwellings in the surrounding neighborhood have attached garage elements similar in design
to the subject project design. Additionally, the subject property is located in a minimally
visible area near the end of a dead-end street with vehicular traffic predominately limited to
residents of adjacent properties. The extension of the garage addition five feet into the
required 25-foot front yard setback would not represent a safety issue as the subject dead-
end street location experiences relatively light vehicular traffic and the proposed new 20-
foot driveway surface leading to the garage addition is adequate in length for a vehicle to
pull entirely out of the street right-of-way prior to entering the garage.
Conclusion: Therefore, the Planning Commission finds that special circwnstances
applicable to the property, including size, location, and surroundings 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.
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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 a 20-foot long garage addition to encroach 5 feet into the
minimwn 25-foot front yard setback required for the R-8 Zoning District. Nwnerous other
existing projects in the immediate vicinity have been constructed with similar setback
reductions under both County and City jurisdictions.
Discussion: Many of the existing residential structures adjacent to the subject site have
living space and enclosed garage elements which encroach significantly into their respective
front yard setback area. With approval of a Minor Variance to allow the garage addition to
encroach 5 feet (20%) into the minimwn 25-foot front yard setback for a total setback of20
feet from the front property line at Glasgow A venue, and as conditioned by this Resolution,
the proposed project will be in compliance with all applicable standards of the Municipal
Code.
Conclusion: Therefore, the Planning Commission fmds that the variance 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.
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 this section shall not apply to use permits.
Facts: The Municipal Code expressly allows for single family homes with associated site
improvements such as garages, driveways, landscaping, etc. within the R-8 zone. The
subject residential structure is surrounded by residential 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 20-foot long garage addition to
encroach 5 feet into the minimwn 25-foot front yard setback required for the R-8 Zoning
District, the project conforms to all applicable requirements of the Encinitas Municipal
Code.
Conclusion: Therefore, the Planning Commission finds that the variance will 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;
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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 project consists of the construction of an attached, one-story, 280 square foot
front-loaded garage addition to the street facing front elevation of an existing two-story
single family dwelling. The Minor Variance is for a 20 percent reduction of the 25-foot
front yard setback minimwn required in the R-8 zone for a setback of 20 feet for the
garage addition from the front property line.
Discussion: The project's front-loaded garage design extends outward from the existing
dwelling's front elevation and is less of a visual impact than an alternate design
incorporating a side-loaded garage. A side-loaded design would eliminate three existing
windows providing a view of the front yard area from the living room on the existing
dwelling's front elevation and would significantly increase the visual bulk and mass of the
structure. The project's front-loaded design articulates outward from the front wall of the
structure and preserves the front view windows, softens the look of existing development on
site, and provides for visual break-up of the front of existing home. Preservation of existing
mature landscaping and the installation of additional landscaping in the front yard and
southerly side yard areas of the subject site will act to visually screen the bulk and mass of
the structure.
The need for the front yard setback variance is not self-induced as the garage conversion
and in-ground pool were constructed by a previous owner unaware of future Code
changes that further constrain the site's front yard area. The existing improvements could
not now be easily removed or reversed by the current owner. Required minimwn front
yard setbacks are measured from the front property line or edge of easement under
current City standards but were measured from the centerline of the right-of-way under
previous County regulations.
The project is consistent with the surrounding neighborhood as many existing structures in
the neighborhood have garage elements and non-conforming setbacks similar to the project
design. The front yard setback reduction thus does not constitute a rezone and the garage
space addition provides for enclosed storage with visual improvements to the neighborhood
and the subject property. Single family dwellings with attached garage elements are
allowed by right in the Residential (R-8) Zoning District. 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 Section 15301 (e)(1) of the California
Environmental Quality Act Guidelines (CEQA) which exempts additions to existing
structures provided that the addition will not result in an increase of more than 50 percent of
the floor area of the structure before the addition, or 2,500 square feet, whichever is less.
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Conclusion: Therefore, the Planning Commission fmds that the Variance for a 5-foot
encroachment into the 25-foot required minimwn front yard setback for the garage addition:
1.) Could not 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 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.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 ofthe Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
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 Section 21000 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 consists of a Minor Variance and Coastal Development
Permit for the construction of an attached 280 square foot one-story garage addition to the
front of an existing two-story single family dwelling. The application includes a Minor
Variance to allow a proposed 20-foot long garage addition to encroach 5 feet into the
minimwn 25-foot front yard setback required for the R-8 Zoning District. The project site
lies within 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, within 300
feet of mean high tide line, within 100 feet of any wetland, estuary or stream, or within 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 within these areas is defined as
appealable development within the Coastal Zone. Thus, any local approval or denial 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 5- foot front yard setback encroachment
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 Glasgow Avenue,
which is not between the sea or other body of water and the nearest public road.
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Conclusion: Therefore, the Planning Commission fmds 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.
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ATTACHMENT "B"
Resolution No. PC2005-03
Case No. 04-062 MINV/CDP
Applicant:
Chris and Shannon Vejar
Location:
1623 Glasgow avenue
SCl SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, January 6, 2007 at 5:00 PM, or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application, Concept Landscape
Plan, consisting of two (2) 8Y2-inch by II-inch sheets, including Cover Letter and
Landscape Plan/Site Plan, all stamped received by the City of Encinitas on December 9,
2004, and project drawings stamped received by the City of Encinitas on June 6, 2004,
consisting of three (3) sheets, including Site Plan, First and Second Floor Plans, and
Exterior Elevations, all desigoated as approved by the Planning Commission on January 6,
2005, and shall not be altered without express authorization by the Planning and Building
Department.
SCA To the satisfaction of the Engineering Services Department, the applicant shall prepare a
precise building site plan prior to issuance of a building permit for this project. The site
plan shall include existing and proposed contour and existing and proposed drainage
information for the development area. Elevation information shall be provided for the
proposed driveway. Runoff from the proposed driveway shall be routed over landscape,
turf, or other pervious areas prior to discharge onto the street and into the public drainage
system. This may be accomplished by crowning the driveway or sloping it to a pervious
area on one side of the driveway. All pervious areas designated for storm water cleansing
shall bear a symbol and the note, "Areas for Best Management Practice not to be
modified without a permit from City".
SCB To the satisfaction of the Planning and Building Department, the project drawings shall be
revised with notes, calculations, and/or details prior to issuance of building permits to ensure
full compliance with Municipal Code Section 30. 16.010C(6), which mandates that driveway
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or other concrete or asphalt concrete areas available for parking shall not exceed fifty (50)
percent where practical of the required front yard area.
SCC To the satisfaction of the Planning and Building Department, the existing non-conforming
cantilevered deck and exterior staircase that encroach into the site's required minimwn 10-
foot side yard setback along the southern property line shall be completely removed as part
of this project and the area restored with landscaping materials to match the approved Site
Plan and Landscape Plan/Site Plan. The removal of this deck and stairway element shall be
verified by Planning Department staff by an on-site fmal inspection prior to any final
inspection by the Building Inspector for the garage addition building permit.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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 this grant
of approval and shall be of a form and content satisfactory to the Planning and Building
Director.
G5 Approval of this 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 12 Prior to any use of the project site pursuant to this 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.
Bl BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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B2R 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 docwnentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor planes),
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 Califomia Amendments, the Califomia Mechanical, Electrical and
Plwnbing Codes). 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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: Address nwnbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The nwnbers 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.
Fl8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
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