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1991-09 RESOLUTION NO. NE-91-09 . A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT AND VARIANCE FOR AN ADDITION TO AS EXISTING STRUCTURE FOR CONVERSION TO A MEDICAL/DENTAL OFFICE USE FOR PROPERTY LOCATED AT 1443 ENCINITAS BOULEVARD (CASE NO.: 91-081 DR/V) WHEREAS, David Simonson and Mort O'Grady applied for a Design Review permit and Variance for an addition of 1,159 sq. ft. to an existing 2,552 sq. ft. bank structure to convert it to a medical/dental office use for property located at 1443 Encinitas Boulevard and legally described as: Parcel 3 in the City of Encinitas, County of San Diego, State of California, as shown on page 6896 of Parcel Maps filed in the Office of the County Recorder of San Diego County, February 9, 1978. . WHEREAS, the Variance Approval permits a maximum six foot encroachment into the 20-foot front yard setback as specified on the plans reviewed and approved by the Board; and WHEREAS, A public hearing was conducted on the application by the New Encinitas community Advisory Board on June 3,1991, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Plans submitted with the application and dated received by the City on May 7, 1991 including sheets 1 through 4 consisting of the site and landscape plan, the existing floor plan, the proposed floor plan, and two sheets of exterior elevations; b. written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff report dated May 29, 1991, which is on file in the office of Planning and Community Development; and . CO/03/CRO8-816wp51 (6/5/91-2) Page 1 of 7 " . e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that the Design Review Permit and Variance for Case #91-081 DR/V is hereby approved in accordance with the following findings: (See Attachment "A") BE IT FURTHER RESOLVED, that the Design Review Permit and Variance Request are approved subject to compliance with the following conditions: 1. The project is approved as described on the plans received by the City on May 7, 1991 and shall not be altered without Community Advisory Board approval or as provided by Municipal Code. 2. A plan shall be submitted for approval by the Director of Planning and Community Development, the City Engineer, and the Encinitas Fire Protection District regarding the treatment of . the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. 3. The property owner shall record a landscape covenant in the office of the County Recorder to run with the land, agreeing that all required plantings and irrigation systems shall be in place prior to use or occupancy of the remodeled buildings or structures. All required plantings shall be maintained in good growing condition and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new equipment and/or plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. 4. A sign shall be placed at the intersection of the east driveway to Encinitas Boulevard stating: "Exit only: Do Not Enter. " The sign and painting of the driveway (if deemed appropriate) shall be reviewed and approved by the Director of Planning and community Development and the City Engineer prior to issuance of a building permit. Pursuant to section 30.54.03E, the Board waives the "loading space" requirement . for the medical/dental use. Future uses shall be evaluated by CO/03/CRO8-816wp51 (6/5/91-2) Page 2 of 7 , . the City to determine if the loading space provision should be implemented. 5. All proposed signs shall be submitted to the City for review and approval pursuant to Chapter 30.60 (signs) of the Municipal Code. No signs for the proposed use are permitted by the this Design Review Permit and all proposed signs shall be authorized by separate permit. 6. outside storage of any material on the subject property is prohibi ted unless an enclosure (approved by the ci ty) is provided to screen any storage areas from view. 7. Fire Prevention District: The applicant shall contact the Fire Prevention District to assure compliance with the following condition: Prior to issuance of building permits, applicant shall submit a letter from the Fire District stating that all plan review fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District standards. 8. Buildinq Department. Submit complete drawings and construction plans and details to the Building Department for . plan check review to determine compliance to Uniform Construction Code Standards. 9. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. 10. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encini tas should not revoke this approval. 11. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. 12. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 13. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances except as permitted by this approval. . CO/03/CRO8-816wp51 (6/5/91-2) Page 3 of 7 . 14. Permits or findings of exemption shall be obtained from the Coastal Commission prior to Building Permit issuance for the proposed facility expansion, if applicable. 15. Prior to foundation and/or pad preparation for the proposed addition, the property shall be staked and lined to indicate all property lines to the satisfaction of the Director of community Development. An inspection shall be made of the site prior to building department inspection of the foundations for the portion of the structure requiring the variance. 16. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be in form and content satisfactory to the Director of Planning and Community Development. BE IT FURTHER RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from Environmental Review per Section 15301 (e) (2) of CEQA; PASSED AND ADOPTED this 3rd day of June, 1991, by the . following vote, to wit: AYES: Weaver, Felker, Patton, Grajek NAYS: None ABSENT: Beck ABSTAIN: None A~ Q. 4---- Craig R. Olson Assistant Planner . CO/03/CRO8-816wp51 (6/5/91-2) Page 4 of 7 . ATTACHMENT A New Encinitas community Advisory Board RESOLUTION NO. NE-91-09 CASE NO. 91-081 DR/V 1. Findings for Design Review (Section 23.08.076 Municipal Code) 23.08.072 Requlatory Conclusions - Generally A. The project design is consistent with the General Plan, a Specific Plan or the provisions of the Municipal Code. Evidence: The New Encinitas Community Advisory Board finds that while the project seeks variance to the front yard setback standard for the GC Zoning District, other setbacks, parking requirements, landscaping, floor area ratio and lot coverage conform to the standards for the GC District. Pursuant of section 30.54.03E, the Board waives the "loading space" provision since the medical and dental use is not anticipated to generate a large amount of parcel deliveries or pick-ups. B. The project design is substantially consistent with the Design Review Guidelines. . Evidence: The Board finds that the proposed design is consistent with design review guidelines for access, site design, building design and landscaping. The project will provide a trash bin enclosure and all roof mounted mechanical equipment is screened from view. The project is conditioned to require separate signage approval and to prohibit any unenclosed outdoor storage. C. The project will not adversely affect the health, safety or general welfare of the community. Evidence: The property has been used for bank office space since constructed and no evidence exists to indicate that the proposed medical/dental office use would adversely impact the health, safety or welfare of the Community. D. The project would not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence: The project design tends to provide a compatible architectural element which is anticipated to be compatible with the surrounding neighborhood. No . increase to the existing roofed area is proposed and the CO/03/CRO8-816wp51 (6/5/91-2) Page 5 of 7 . project will utilize existing exterior building material for the proposed expanded areas. II. FINDINGS FOR VARIANCE (Section 30.78.030D Municipal Code) A. A variance from the terms of the zoning ordinances 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 ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Evidence: The variance to encroach ~ 6 feet into the 20- foot front yard setback is necessary due to the fact that the existing structure has roofed overhang areas extending above the areas proposed to be enclosed and the current northerly wall is setback 14 feet from the front property line. The Board finds that the variance is justified due to the current location of the structure and the increase in utility of the building that the remodel will afford the proposed use as a medical/dental office. 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 vicini ty and zone in which such property is situated. Evidence: The project is conditioned to satisfy all other requirements of city Code. There is not a grant of special privileges since the existing situation is a legal nonconformity, and the remodel can be accomplished as setforth in Chapter 30.76, (Nonconformities) of the zoning Code, and Chapter 30.78 (Variances) and in conformance with the standards setforth in the Design Review ordinance, (Chapter 23.08) of the zoning Code since the existing building setback is already less than presently required. 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 regulation governing the parcel of property. Evidence: Medical/dental office use is permitted by right in the General Commercial Zoning District l.n accordance with section 30.09.200 of the Municipal . (Zoning) Code Use Matrix. CO/03/CRO8-816wp51 (6/5/91-2) Page 6 of 7 I . 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 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; or 4. Would authorize or legalize the maintenance of any private or public nuisance. Evidence: The Variance Request is minimal and does not constitute a rezoning, nuisance, nor is it self-induced. The project was originally approved by the County for a retail center (bank use) with the fourteen foot front yard setback. The applicant is requesting the Design Review and variance to allow for an upgrading remodel of the existing nonconforming structure. In order for the . City to encourage the remodel of existing older structures that may be nonconforming, Chapter 30.76 (Nonconformities) allows for the remodel of a nonconformity when it does not exceed 50% of the valuation of the existing buildings. The situation is, therefore, not self-induced. The variance does not constitute a rezoning since the proposed use is permitted within the General Commercial Zone. No evidence has been submitted to indicate that the proposed use would constitute a public or private nuisance. . CO/03/CRO8-816wp51 (6/5/91-2) Page 7 of 7