1988-39
RESOLUTION NO. C-88-039
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A VARIANCE TO ALLOW A REDUCTION OF 36 PARKING STALLS
TO 27 STALLS FOR PROPERTY LOCATED AT
2105 SAN ELIJO AVENUE
(CASE NO. 88-277-V)
WHEREAS, a request for consideration of a variance was
filed by Adela Andrade to allow a reduction of parking stalls
from 36 to 27 as per Section 6762 of the City of Encinitas
Zoning Codes, for the property located at 2105 San Elijo
Avenue, legally described as;
Lots 1 to 6 inclusive in block 63 of Cardiff Villa Tract
in the County of San Diego, State of California, according
to the Map thereof 1469, filed in the Office of the
Recorder of said San Diego County August 10, 1912.
Excepting from said lot 6 that portion lying southeasterly
of a line described as follows:
Beginning at the most southerly corner of lot 6; thence
northeasterly in a straight line to a point in the
northeasterly line of said lot 6, distant thereon 9.84
feet northerly from the most easterly corner thereof.
WHEREAS, a public hearing was conducted on the application
on October 24, 1988, and November 1, 1988, and
WHEREAS, the Community Advisory Board considered:
1. The Staff Reports dated October 19, 1988, and October
28, 1988
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board
made the findings pursuant to Section 30.78.030 of the
Municipal Code (See Attachment "A")
CO/02/CRO3-162wp 1(11-14-88-2)
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. Variance 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. The owner of the commercial
complex shall verify with the Department of Planning and
Community Development that a proposed tenant use will not
increase the required number of parking stalls beyond 27
without first submitting a plan for additional parking
stalls.
2. Per Fire Code Requirements, the occupant load in the
eating area for Alphonso's Taco Shop No. 2 shall be posted
not to exceed 15 persons.
3. Per Building Department Requirements, disabled access is
required unless a hardship can be demonstrated.
4. The property owner shall sign and record a covenant for
the benefit of the City with the County Recorder agreeing
not to oppose the formation of an assessment district to
fund the installation of right-of-way improvements or
public parking facilities.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
(1) This project was found to be exempt from environmental
review, Section 15303(c).
CO/02/CRO3-162wp 2(11-14-88-2)
PASSED AND ADOPTED this 1st day of November, 1988, by the
following vote, to wit:
AYES: Orr, Shannon, Crosthwaite
NAYS: None
ABSENT: Barker, Slater
ABSTAIN: None ~ ~
Ann Shannon, Chairman
the Cardiff-by-the-Sea
ommunity Advisory Board
MTEST: cÇ2
~<.:>Q.... . ~
Craig Olson,
Assistant Planner
CO/02/CRO3-162wp 3(11-14-88-2)
ATTACHMENT. A.
CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-88-039
Case No. 88-277-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: strict application to the zoning
ordinance would deprive the restaurant business of
customer seating which similar businesses in the vicinity
enj oy . The special circumstances apply to the existing
structure and inability to increase the number of parking
stalls at the subject site.
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 vicinity
and zone in which such property is situated.
Evidence to Consider: The variance is conditioned to
restrict future tenant occupancy to those uses which would
decrease or not intensify the need for additional parking
stalls.
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. 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.
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;
CO/O2/CRO3-162wp 4(11-14-88-2)
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 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 the 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.
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:
The proposed General Plan designates the subject property
as General Commercial consistent with the existing uses.
The project as considered will be consistent with the
proposed General Plan.
CO/02/CRO3-162wp 5(11-14-88-2)
.._" ...- .....-.-.........,
Recording Requested By: )
)
)
When Recorded Mail To: )
City Clerk )
CITY OF ENCINITAS )
527 Encinitas Blvd., suite 100 )
Encinitas. California 92024 ) SPACE ABOVE FOR RECORDER'S
USE
COVENANT REGARDING REAL PROPERTY
( "OWNER" hereinafter) is
the owner of real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly
known as, 2105 San Elijo Avenue ("PROPERTY" hereinafter). In
consideration of the approval of Variance (Case No. 88-277-V)
by the City of Encinitas ("CITY" hereinafter), in addition to
agree to abide by all applicable regulations OWNER hereby
covenants and agrees for the benefit of the CITY, to do the
following:
A. Owner hereby agrees not to oppose the formation of an
assessment district to fund the installation of right-of-
way improvements or parking facilities which may be deemed
by the City to benefit the property and surrounding
commercial development.
B. This Covenant shall run with the land and be binding upon
and inure to the benefit of the future owners,
encumbrances, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
CO/05/COVl-65wp 1(10-26-88)
C. Owner agrees that OWNER's duties and obligations under
this Covenant are a lien upon the Property.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including
reasonable attorneys' fees, from the other party.
The CITY may assign to persons impacted by the performance
of the Covenant the right to enforce this Covenant against
OWNER.
Dated
Owner
(Notarize)
Dated City of
By
(No Need to Notarize)
CO/05/COVl-65wp 2(10-26-88)
EXHIBIT "A"
PROPERTY DESCRIPTION
The subject property commonly known as 2105 San Elijo Avenue
and Assessor's Parcel No. 261-031-25; and legally described as
follows:
Lots 1 to 6 inclusive in block 63 of Cardiff Villa Tract
in the County of San Diego, state of California, according
to the Map thereof 1469, filed in the Office of the
Recorder of said San Diego County August 10, 1912.
Excepting from said lot 6 that portion lying southeasterly
of a line described as follows:
Beginning at the most southerly corner of lot 6; thence
northeasterly in a straight line to a point in the
northeasterly line of said lot 6, distant thereon 9.84
feet northerly from the most easterly corner thereof.
CO/05/COVl-65wp 3(10-26-88)