1990-01
RESOLUTION NO. C-90-001
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COKHtJHITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010 A 7 AND SECTION 30.16.010G4
OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
324 LIVERPOOL DRIVE
(Case No. 89-284V)
WHEREAS, Ernest Contreras and Ed Olsen & Associates, applied
for a Variance in accordance with Chapter 30.78 of the Zoning
Ordinance to allow the following variances from development
standards for the Residential 11 Zoning District:
(1) A 7 foot 6 inch encroachment into the 20 foot rear yard
setback. (Section 30.16.010 A10)
(2) A 6 foot retaining wall height at the exterior of the garage.
Said walls shall slope to 1 ft. 6 in. at the alley (Code
Section 30.16.010 G4).
WHEREAS, the property is located at 324 Liverpool Drive, and
legally described as follows:
Lots 23 and 24 in Block 37 of Cardiff "A" according to Map
thereof No. 1334, filed in the Office of the County Recorder
of San Diego County, May 12, 1911.
WHEREAS, a public hearing was conducted on the application on
January 8, 1990, by the Cardiff-by-the-Sea Community Advisory
Board, at which time all persons desiring to be heard were heard;
and
WHEREAS, evidence was submitted and considered to include
without limitation:
a. site plans and elevations submitted by the applicant;
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a part
of the record at said public hearing;
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d. Community Advisory Board staff report dated January 3, 1990,
which is incorporated by this reference as though fully set
forth herein; and
e. Additional written documentation.
NOW, THEREFORE, BE IT RESOLVED that the following findings are
made by the Cardiff-by-the-Sea Community Advisory Board of the City
of Encinitas:
(SEE ATTACHMENT" A")
BE IT ALSO RESOLVED THAT the application for Variance 89-284V
is hereby APPROVED, and the subject structure may encroach 7 feet
6 inches into the 20 foot rear yard setback and a retaining wall
height of 6 feet is permitted adjacent to the garage subject to the
following conditions:
(1) The plans submitted to, and approved by the Community Advisory
Board shall not be altered without the board's approval, or
as stipulated in these conditions.
(2) Applicant shall contact the public works department regarding
compliance with the following conditions (2a-k)
Street Conditions
(a) Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
(b) An Irrevocable Offer of Dedication (I. O. D.) shall be made
for 10 feet along Oxford adjacent to the property for
public right-of-way purposes. Oxford Avenue is
classified as a local street requiring a 60 foot right-
of-way or 30 feet from the official centerline of such
street.
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(c) An Irrevocable Offer of Dedication shall be made for 5
feet along Liverpool adjacent to the property for road
purposes. Liverpool Drive is classified as a local
street requiring a 60 foot right-of-way or 30 feet from
centerline.
Gradina Conditions
(d) The developer shall obtain a grading permit, if
applicable, prior to the commencement of any clearing or
grading of the site.
(e) The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
(f) A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work at first submittal of
a grading plan, if required.
Drainaae Conditions
(g) Concentrated flows across driveways and/or sidewalks
shall not be permitted.
utilities
(h) The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
(i) The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
(j) All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
(k) The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
(3) Prior to building permit issuance, applicant shall submit a
statement from the Fire District to the Community Development
Department indicating that all development impact, plan check,
and/or cost recovery fees have been paid.
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(4) Prior to foundation and/or pad preparation for the proposed
remodel, the property shall be staked and lined to indicate
all property lines to the satisfaction of the Director of
Community Development. An inspection shall be made of the
site prior to building inspection approval of the foundation
forms.
(5) Proof of approval or exemption of this project by the Coastal
Commission shall be provided prior to issuance of building
permits.
(6) The property shall be merged into a single Lot of Record by
a Certificate of Compliance to be recorded prior to issuance
of building permits.
(7) The garage door shall be a "roll-up" model equipped with an
automated opening/closing device.
(8) A sign shall be posted, visible to the alley, which states:
"Private Property, No Parking".
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(a) of CEQA.
PASSED AND ADOPTED this 8th day of January, 1990, by the
following vote, to wit:
AYES: Orr, MacManus, Crosthwaite, Barker, McCabe
NAYS: None
ABSENT: None
ABSTAIN: None ~ i3uL
~ERRANCE BARKER, Chairperson of
the Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
~~(2.~- '"
Craig R. Olson
Assistant Planner
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ATTACHMENT "A"
Findinas for Variance ADproval (Section 30.78.030)
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 the
other property in the vicinity and under identical zoning
classification.
Evidence: The board finds that the strict application of the
Zoning setbacks would deprive the applicant of the ability to
remodel the residence in a manner to utilize the current
interior circulation patterns of the existing single family
residential structure while allowing for a 2-car garage which
many property owners in the vicinity currently enjoy.
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: The structure maintains a building setback of 10
feet 6 inches from the rear property line. The project
proposes a re-model to an existing single family residence to
include a 2-car garage. Therefore, a grant of special
privilege is not requested since many residences in the area
enjoy 2-car garages and the project can be conditioned to be
consistent with limitations upon other properties in the
vicinity.
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
the property.
Evidence: Single family residences are permitted in the R-11
Zoning District.
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; which
would be of less significant impact to the site and
adj~cent properties then the project requiring a
var~ance.
2. Is self-induced as a result of an action taken by the
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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: The board finds that an alternate development plan
is not viable due to the existing configuration of the
structure upon the lot. The variance would not significantly
impact surrounding structures since the project proposes to
create a 2-car garage to be accessed from the alley rather
than from more heavily utilized streets. The 6 foot retaining
walls are necessary to permit the garage to be cut into the
sloping lot. The retaining walls taper to ~ 1 foot 6 inches
at the alley and will not pose a sight limitation impact. The
proposed remodel is consistent with the R-11 Zoning District
and is not anticipated to pose a public or private nuisance.
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