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.
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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
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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.
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(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
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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.
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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.
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ATTACHMENT "A" CONTINUED
ORDINANCE SECTION NO. 30.78
Findinqs for Variance
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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.
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