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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 PBD:MRH:G:RESO:RPC04062MINVCDP 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. 2 PBD:MRH:G:RESO:RPC04062M1NVCDP 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. 3 PBD:MRH:G:RESO:RPC04062MINVCDP 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; 4 PBD:MRH:G:RESO:RPC04062M1NVCDP 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. 5 PBD:MRH:G:RESO:RPC04062MINVCDP 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. 6 PBD:MRH:G:RESO:RPC04062M1NYCDP 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. 7 PBD:MRH:G:RESO:RPC04062MINVCDP 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. 8 PBD:MRH:G:RESO:RPC04062MlNVCDP 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 9 PBD:MRH:G:RESO:RPC04062MlNVCDP 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): 10 PBD:MRH:G:RESO:RPC04062MlNYCDP 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. 11 PBD:MRH:G:RESO:RPC04062MINYCDP