Loading...
1988-23 8 8 8 RESOLUTION NO. C-88-023 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A VARIANCE TO ALLOW A REDUCTION OF 265 PARKING STALLS TO 227 STALLS LOCATED AT 2015 SAN ELIJO DRIVE (CASE NUMBER 88-121/V) WHEREAS, a request for consideration of a variance was filed by Cardiff Town Center Partners to allow a reduction of parking stalls from 265 to 227 as per Section 6762 of the City of Encinitas Zoning Codes, for the property located at 2015 San Elijo Drive, legally described as; Portions of Block 64, 70 and 92 of Cardiff Villa Tract, County of San Diego, California, according to Map No. 1469. WHEREAS, a public hearing was conducted on the application on June 13, 1988; and WHEREAS, the Community Advisory Board/Planning Commission considered: 1. The staff report dated June .8, 1988; The application and maps submitted by the applicant; 2. 3. Oral evidence submitted at the hearing; Written evidence submitted at the hearing; 4. WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Section 30.78.030 of the Municipal Code: PM/05/CRO3-66WP 1(6-10-88) 8 8 B. C. 8 ATTACHMENT II A II CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. 88-- Case No. 88-121/V Findings for a Variance (Section 30.78.030 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 to Consider: The shopping center has maintained the same amount of square footage as the old Vons/Value Fair Shopping Center. The special circumstances include existing lot with existing development bounded by public roads eliminating the ability to expand the site. 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 vicinity and zone in which such property is situated. Evidence to Consider: The County previously approved a variance to reduce parking from 260 and 317 to 227. This approval reduces parking from 265 to 227 consistent with previous County approvals ensuring the current mixed use is maintained. 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. The provisions of this section shall not apply to conditional use permits. Evidence to Consider: The current zoning is C-36. Restaurants are permitted within this district along with the other uses within the center. PM/05/CRO3-66WP 2(6-10-88) 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: 8 1. Could be avoided by an alternate development plan; Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 2. 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 to Consider: No alternate plan could achieve the required parking on- site or within the nearby properties due to existing development. The variance justifies the increase of restaurant uses greater than that approved in previous County approvals. Much of the uses compliment each other and as such 100% of the traffic saturation will not occur at the same time. Findings required pursuant to Ordinance 87-80. 8 E. There is a reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. Evidence to Consider: F. The proposed General Plan designates the subject property as General Commercial consistent with the existing uses. San Elijo Drive and Birmingham Drive are designated as local augmented roads consistent with existing right-of- ways. The project as considered will be consistent with the proposed General Plan. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or design is ultimately inconsistent with the plan. . Evidence to Consider: 8 PM/05/CRO3-66WP 3(6-10-88) 8 8 8 The County already approved a variance reducing the parking requirements from 317 to 227. This has not resulted in impacts to the existing streets. As such should the project ultimately be inconsistent, the proj ect would not be detrimental to the General Plan as a result of the variance and the consistent surrounding uses. G. The proposed use or design complies with all other applicable requirements of state law and local ordinances. Evidence to Consider: As conditioned requirements. the project complies with all other NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that the variance is hereby approved subject to the following conditions: 1. Project approval is based on the submitted uses and square footage. Modifications to uses that increase the parking need will require further variance application and/or area for parking. 2. The applicant is reminded of previous conditions placed on the project by the County and Coastal Commission. a. Variance V84-123 approved by the County August 10, 1984 based a limitation to the Health Club for five years and that no retail display or sales acti vi ty shall take place in the interior common lobby area. b. Coastal Commission limited restaurant uses to 3,400 sq. ft. Any modification requires Coastal Commission. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: (1) This proj ect was found to be exempt from environmental review, Section 15305(a). PM/05/CRO3-66WP 4(6-10-88) 8 8 8 PASSED AND ADOPTED this 13th day of June, 1988, by the following vote, to wit: AYES: Boardmembers Shannon, Slater, Barker, Winkler NAYS: None ABSENT: Boardmember Hirsch ABSTAIN: None ~~A~~ . . da Niles Assistant Planner Ann Shannon, Chairman the Cardiff-by-the-Sea ommunity Advisory Board PM/05/CRO3-66WP 5(6-10-88)