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1988-46 RESOLUTION RO. C-88-04' & RESOLUTION O~ THE CARDI~P-BY-THB-8EA COKKUHITY ADVISORY BOARD, CITY OP BNCZNITAS, ----~ APPROVZRG A DESIGN REVIEW APPLZCATZOB AND VARIANCE TO ALLOW A 17,775 SQUARE ~OOT O~PIC. COXPLEX AND A REDUCTION IN THB BUKBBR OP REQUIRED PARKING SPACES AT 120 BIRXINGHAX DRIVE CASE NO.: 88-255-DR/V/BIA WHEREAS, requests for consideration of a Design Review Application and Zoning Variance were filed by Continental Pacific Development Company to allow an office complex structure and a reduction in the number of parking stalls required from 89 spaces to 72 spaces, as per Chapters 23.08 and 30.78 of the City of Encinitas Municipal/Zoning Codes, for the property located at 120 Birmingham Drive, legally described as; Lot 2 of Kremer Park, according to Map thereof No. 3412, filed in the office of the County Recorder of San Diego County, April 18, 1956. ---- WHEREAS, public hearings were conducted on the application on October 10, 1988 and November 28, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated October 5, and November 23,1988; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; and 4. Written evidence submitted at the hearing; and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Section 23.08, Ordinance 87-80, and Section 39.78 (SEE ATTACHMENT "A"). NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Advisory Board of the City of Encinitas that the Design Review '---- CO/04/CR04-191wp5 (12-09-88-1) '. Application and Variance are hereby approved subject to the following conditions: ~ (1) The project as submitted is approved and shall not be altered without City approval. (2) The landscaping and signage plans shall be implemented and operational to the satisfaction of the Community Development Department prior to final building permi t approval. (3) The striping plans for Birmingham Drive between San Elijo Drive and Newcastle Avenue shall mitigate traffic movement conflicts by providing left turn lanes for the project and any other striping deemed necessary by the City's Traffic Engineer. The striping shall be completed prior to final building permit approval. (4) CUrb Parking shall be prohibited from the west property line to about 50 feet east of the driveway by posting of "no parking" signs and painting the curbs red. (5) A paved sidewalk shall be constructed to the satisfaction of the City Engineer along the property frontage of Birmingham Drive. (6) Automatic fire sprinkler system acceptable to the City Fire Department shall be installed. ~ (7) Vertical clearance for fire apparatus access shall be unobstructed and not less than 13 feet 6 inches. (8) Fire hydrant locations shall be determined by the Fire Department at time of plan check. (9) A grading plan in accordance with the City's Grading Ordinance shall be submitted to, and approved by, the Public Works Department. (10) All public street shall be improved with sidewalks, driveways, curb and gutter, street signs, street paving and pavement markers to the satisfaction of the Public Works Department. (11) Developer shall execute and record covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right- of-way improvements. (12) 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 public parking facilities intended to serve the commercial area adjacent to the '- property owner's site. CO/04/CR04-191wp5 (12-09-88-1) . > (13) storm drains will be required at locations specified by the Director of Public Works and in accordance with standard engineering practices. '-....- (14) Other standard requirements established by the City of Encinitas and in accordance with standard engineering practices and applicable codes and requirements shall be implemented by the project developer. (15) The street striping plan reviewed by the Community Advisory Board shall be approved by the city's Public Works Department and the North County Transit District amendments to the plan shall be made to the satisfaction of Public Works and the Transit District. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: (1) The project will not have a significant effect on the environment; therefore, a Negative Declaration is hereby adopted. PASSED AND ADOPTED this 28th day of November, 1988, by the following vote, to wit: AYES: Barker, Crosthwaite, Shannon NAYS: None ,--. ABSENT: Orr, Slater ABSTAIN: None ~~ Ann Shannon, Chairperson the Cardiff-by-the-Sea ommunity Advisory Board ATTEST: ~~ (2 - ~~ Craig R. Olson, Assistant Planner '~ CO/04/CRO4-191wp5 (12-09-88-1) . ATTACHMENT "A" Cardiff-by-the-Sea Community Advisory Board RESOLUTION NO. C-88-046 CASE NO. 88-255-DR/V/EIA '............ Findings For Design Review (Section 23.08.076 Municipal Code) 23.08.072 Reaulatorv Conclusions - Generally. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The project conforms to existing General Plan and Zoning Code requirements for the subject site since the anticipated General Plan designation is General Commercial and the project applicant has submitted in writing that they will adhere their project to the requirements of the adopted General Plan. B. The project design is substantially consistent with the design Review Guidelines. Evidence to Consider: The project conforms with Architectural and Landscape Guidelines specified by the Design Review Ordinance. Circulation aspects have been considered by the Board and a granting of variance for parking stalls required has been determined appropriate. ',,-- C. The project would not adversely affect the health, safety or general welfare of the community. Evidence to Consider: Public utility services including water and sewer are available to the site and will be required to service the development. The project conforms to existing and anticipated future development within the District since General Commercial Uses are permitted. D. The project would not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The project will add architectural variation tot he front, sides, and rear elevations of the structure; and is compatible in structural size to adjacent properties, the neighborhood, and zoning code limitations. ' ,-- CO/04/CRO5-192wp51(12-09-88-1) , . ATTACHMENT "A" CONTINUED ORDINANCE SECTION NO. 30.78 Findinqs for Variance '- 1. The Variance allows the property owner privileges lawfully enjoyed by a substantial number of other property owners in the vicinity and under the same zoning district in that the shape and topography of the property requires special consideration and to apply the strict standards for required parking stalls would significantly restrict the property owner from privileges lawfully enjoyed by other property owners within the vicinity. 2. The applicant's property is physically special and unique in contrast with other lots in the same vicinity since the property's configuration is unique to other properties in the vicinity and a large drainage swale fronts the property along Birmingham Drive. 3. The privilege sought by the applicant is not inconsistent with the limitation upon other properties in the vicinity, and is being enjoyed by owners of property in the vicinity since commercial uses are permitted in the District and the Variance request does not include a different use than otherwise permitted. 4. The granting of this Variance would not authorize a use that is not expressly authorized by the zoning regulations, since General Commercial uses are permitted within the District. \....-- 5. The granting of this Variance would not grant a privilege not enjoyed by other property in the vicinity, since other property owners with unique circumstances affecting their land could request and be approved for a similar variance. "- CO/O4/CRO5-192wp52(12-09-88-1)