1989-08
RESOLUTION NO. C-89-008
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COKKUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A DESIGN REVIEW APPLICATION AND VARIANCE TO
ALLOW A DUPLEX DWELLING AND A
10 FOOT ENCROACHMENT INTO THB FRONT
YARD SETBACK (50 FEET FROM CENTERLINE)
AT 2142-44 MANCHESTER AVENUB
(CASE NO.: 89-005 DR/V)
WHEREAS,
requests
for
consideration
of
a
Design Review
Application and zoning variance were filed by Geoffrey Belden to
allow a detached duplex dwelling and a 10
foot encroachment
variance into the front yard setback, as per Chapter 23.08 and
30.78 of the City of Encinitas Municipal/Zoning Codes, for property
located at 2142-44 Manchester Avenue, legally described as;
Lots 11,12 & 13 Block 30 Cardiff, in the County of San Diego,
State of California, according to Map thereof No. 1298, filed
in the Office of the County Recorder of San Diego County,
November 14, 1910.
WHEREAS, a Public Hearing was conducted on the application on
February 13, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated February 8, 1989;
2.
The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3.
Oral evidence submitted at the hearing; and
written evidence submitted at the hearing; and
4.
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings pursuant to section 23.08, Ordinance 88-19,
and section 30.78
SEE ATTACHMENT "A"
CO/05/CR02-232wp51(2-24-89)
NOW,
THEREFORE,
BE IT RESOLVED by the Cardiff-By-The-Sea
community Advisory Board of the city of Encinitas that the Design
Review Application and Variance are hereby approved subject to the
following conditions:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The project as submitted is approved and shall not be
altered without City approval.
Landscaping improvements shall be completed in
substantial conformance to the Landscape Plan submitted
by the applicant and approved by the Board. The
automated irrigation system and plant material shall be
maintained in working and healthy condition at all times.
The height required for hedges or other dense landscaping
is the height to be attained within 3 years of planting.
Drought tolerant landscaping shall be utilized.
The property owner shall sign a covenant to prohibit the
landscaping from blocking views by maintaining heights
not to exceed the building heights.
Permittee to improve the 15' alley adjacent to the
subject property to the satisfaction of the Department
of Public Works.
An irrevocable offer of dedication shall be made for 10'
along Manchester Avenue adjacent to the property for road
purposes. Manchester is classified as a local street
requiring a 60' right-of-way or 30' from centerline.
(8)
Permittee to sign and record covenant agreeing not to
protest any proceedings for the installation or
acquisition of public improvements under any applicable
special assessment proceedings.
(9)
The three lots of record shall be merged into a single
parcel through a certificate of Compliance procedure
prior to issuance of building permits.
(10) A licensed surveyor shall verify the height of the
structure at the time of framing inspection to certify
that the height does not exceed the height measurements
specified on the approved plans.
(11) The developer shall pay the Traffic and Drainage
Mitigation Fees at the established rate at the date of
final inspection or the date the certificate of occupancy
is issued, whichever occurs later.
(12) Should the Department of Public Works determine it
necessary, a grading plan, in accordance with the City's
grading ordinance, shall be submitted to, and approved
by, the Public Works Department prior to the issuance of
CO/05/CR02-232wp52(2-24-89)
a building permit. A soils report, prepared by a
qualified engineer, shall be submitted to the Public
Works Department at first submittal of a grading plan.
(13) Should the Department of Public Works determine it
necessary, a drainage system plan for handling and
disposing of surface water originating within the project
shall be submitted to, and approved by, the Department
of Public Works. Concentrated flows across driveways
and/or sidewalks shall not be permitted.
(14) If determined necessary by the Department of Public
Works, improvement plans prepared on standard size sheets
by a Registered civil Engineer shall be submitted for
approval by the Director of Public Works. Plan check and
inspection expenses shall be paid by the developer.
(15) Fire sprinkler suppression systems shall be installed per
NFPA 13D and Encinitas Fire Ordinance specifications.
(16) The total floor area per unit shall not exceed 2,250
square feet, excluding garage and basement as defined in
the city council policy statement dated September 28,
1988.
(17) A minimum distance of ten (10) feet shall be maintain
between the two exterior walls of the dwelling units.
(18) Other standard requirements for engineering and fire code
approval shall be satisfied by the project developer.
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; Class 3(a) of CEQA.
CO/05/CR02-232wp53(2-24-89)
PASSED AND ADOPTED this 13th day of February, 1989, by the
following, to wit:
AYES:
crosthwaite, Barker, Orr, Shannon
NAYS:
None
ABSENT:
None
ABSTAIN:
None
u~
Terrance Barker, Chairperson
of the cardiff-by-the-Sea
Community Advisory Board
ATTEST:
Û+\(D e- . aQ~~
craig R. Olson, Assistant Planner
CO/05/CR02-232wp54(2-24-89)
ATTACHMENT "A"
Cardiff-by-the-Sea Community Advisory Board
RESOLUTION NO. C-89-008
CASE NO. 89-005-DR/V
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 it conforms to the
density (14.5 Du/Ac) , parking and height requirements.
B. The project design is substantially consistent with
the Design Review Guidelines.
Evidence to consider:
The project conforms with architectural, landscape, and
circulation specified in the guidelines for design review.
C. The project would not adversely affect the health,
safety or general welfare of the community.
Evidence to Consider:
The project does not intensify the existing use of the subject
location since two single family dwellings are proposed.
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 to the front,
sides, and rear elevations of the structure; and is compatible
in structural size to adjacent properties and the
neighborhood.
CO/05/CRO2-186wp 4(11-22-88\1)
ATTACHMENT "A" CONTINUED
ORDINANCB NO. 87-80
INTERIM REGULATIONS
FINDINGS
The following findings are required to be made by the authorized
agency in order to allow development to extend beyond the interim
regulations for height and setbacks not to exceed existing zoning
regulations.
A.
B.
The projection out of the interim envelope does not
significantly impact the views of adjacent properties, in that
the project takes advantage of views while maintaining some
of the significant views enjoyed by residents of nearby
properties as indicated in the "line of sight" study submitted
with the application and on file in the Department of Planning
and Community Development.
The project is compatible in structural size (bulk and mass)
to adjacent properties and neighborhood.
c.
There is reasonable probability that the land use and design
proposed will be consistent with the General Plan proposal
being considered or studied since the proposed General Plan
density permits the proposed use.
There is little or no probability of substantial detriment to
or interference with the future adopted General Plan if the
proposed design is ultimately inconsistent with the plan since
the proj ect will conform with existing zoning requirements for
height, circulation, setback and lot coverage.
D.
E.
The proposed design complies with all other applicable
requirements of state law and local ordinances since the
proj ect meets ordinance requirements, zoning standards, design
standards, and is exempt from CEQA requirements.
CO/05/CRO2-186wp 5(11-22-88\1)
ATTACHMENT "A" CONTINUED
ORDINANCE SECTION NO. 30.78
Findinas 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
encroachment into the front setbacks meets the 35 foot from
centerline common to other properties in the area.
2. The applicant's property is physically special and unique
in contrast with other lots in the same vicinity since it is
located in an unusual 2 1/2 block area that requires a 50 foot from
centerline setback.
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 other
single family dwellings, apartments and duplexes in the same
vicinity have been developed to the 35' from centerline setback.
4. The granting of this Variance would not authorize a use
that is not expressly authorized by the zoning regulations, since
single family dwelling units are allowed in the zone.
5. The granting of this Variance would not grant a privilege
not enjoyed by other property in the vicinity, since other
properties are presently built at the 35' from centerline setback,
and the city is recommending a change to the zoning code to allow
a special centerline "J*" setback designator for this 2 1/2 block
area.
CO/05/CRO2-186wp 6(11-22-88\1)