1990-27
RESOLUTION NO. C-90-27
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010 A 7 OF THE
ZONING ORDINANCE FOR PROPERTY LOCATED AT
445 SHEFFIELD AVENUE
(CASE NO. 90-160 V)
WHEREAS, Tom McCabe applied for a Variance in accordance with
Chapter 30.78 of the Zoning Ordinance to allow the following
encroachment into the front yard setback specified by the
Residential 8 Zoning District:
A ten (10) foot structural encroachment (with a three (3)
foot roof overhang) into the 25-foot front yard setback
when measured from the 10 foot dedication line for street
right-of-way purposes.
WHEREAS, the property is located at 445 Sheffield Avenue and
legally described as follows:
Lot 1 of Parcel Map No. 10766, filed in the Office of the
County Recorder of San Diego County, December 4, 1980 as file
No. 80-409537 of Official Records.
WHEREAS, a public hearing was conducted on the application on
August 13,1990 by the Cardiff-by-the-Sea Community Advisory Board,
at which time all persons desiring to be heard were heard; and,
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WHEREAS, evidence was submitted and considered to include
without limitation:
a. Site plan, floor plans and elevations submitted by the
applicant and dated received by the City on June 29,
1990;
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;
d. Community Advisory Board staff report dated August 8,
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 nAn)
BE IT FURTHER RESOLVED THAT the application for Variance
90-060V is hereby APPROVED, and the subject structure may encroach
10 feet into the 25-foot front yard setback when measured from the
10 foot Dedication Line; subject to the following conditions:
(1) Plans submitted for building plan check shall conform to
the Variance request. The building height shall be
limited to zoning Code requirements.
(2) Developer shall provide certified height surveys by a
licensed civil Engineer or surveyor verifying that
building heights conform to approved plan heights prior
to the issuance of framing inspection approval.
(3) Prior to final Building Permit approval, the property
owner shall have recorded a Covenant agreeing to maintain
landscape height at, or below the approved building
heights.
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(4) Prior to foundation andlor 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 department
inspection of the foundations for the portion of the
structure requiring the variance.
(S) citv Encrineer: Applicant shall contact the Public Works
Department regarding compliance with the following
conditions (SA-J):
Gradina Conditions
A. The developer shall obtain a grading permit, if
applicable, prior to the commencement of any clearing or
grading of the site.
B. 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.
C. A soilslgeologicallhydraulic 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.
Drainaae Conditions
D. The owner shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The owner shall provide erosion control
measures and shall construct temporary
desiltationldetention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations.
E. A drainage system capable of handling and disposing of
all surface water originating within the project, and all
surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required
by the City Engineer to properly handle the drainage.
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F. Concentrated flows across driveways andlor sidewalks
shall not be permitted.
street Conditions
G. 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 or sewer line extension improvements.
utilities
H. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility 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.
(6) If substantial construction has not been completed in
reliance upon a granted variance within one year of the
grant, then upon notice to the property owner, and an
opportunity to present information to the Community
Development Director, the Director may declare the
var iance to have expired with the privileges granted
thereby cancelled.
(7) In the event that one or more of the conditions imposed
on the variance is violated, the Director, upon notice
and an opportunity to present information, may revoke the
variance or impose additional conditions.
(8) The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and community
Development.
(9) The remodel is for a single family residential use only.
Any conversion of the existing structure or proposed
remodel to a second dwelling unit is strictly prohibited.
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(10) Fire Department: Prior to permit issuance, the applicant
shall submit proof that the Fire District recovery fees
have been paid. Address numbers shall be clearly visible
from the street fronting the structure.
(11) The property owner shall pay flood control and any other
development impact fees as required by Municipal Code
prior to final inspectionloccupancy of the subject
structure.
BE IT FURTHER RESOLVED by the cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review
per section 15301(a) of CEQA.
PASSED AND ADOPTED this 13th day of August, 1990, by the
following vote, to wit:
AYES: Orr, Grossman, MacManus
NAYS: None
ABSENT: None
ABSTAIN: McCabe
ATT~ ~
l<øe. ~
craig R. Olson
Assistant Planner
COI02/CR07-634wp5 5(08/15/90-3) Page 5 of 7
ATTACHMENT "A"
RESOLUTION NO. C-90-27
FINDINGS PURSUANT TO
SECTION 30.78.030
(VARIANCE) OF THE CITY
OF ENCINITAS ZONING ORDINANCE
A. A Variance from the terms of the Zoning Ordinance 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 vicini ty and under identical
classification.
Evidence: The Cardiff Community Advisory Board finds that the
strict application of the setback requirement would require
the addition to be set back further than buildings proposed
on property not impacted by the dedication. The City is
currently reviewing public street standard requirements. The
Board finds that since other properties within the
neighborhood could seek a waiver to an Irrevocable Offer of
Dedication (IOD) pursuant to City Council policy of March 14,
1990, the burden of requiring the additional 10 foot setback
deprives the applicant of privileges enjoyed by other property
owners within the vicinity and under the R-8 Zoning District.
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 Board finds that the variance will not grant
a special privilege since the variance is for an unusual
situation and would not set a precedent for any special
condition within Cardiff. The Board finds that other property
owners can seek waiver of the 10 foot dedication per City
Council Policy of March 14, 1990 and, therefore, approval of
this variance would not grant any special privileges to the
applicant.
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.
Evidence: The Board finds that the current use on the
property is single family residential and the remodel will not
change the use or current activity. single family residential
use is permitted in the R-8 Zoning District.
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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
property owner or the owner's predecessor;
3. Would allow such a degree of variation as to constitute
a rezoning or other amendment of 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
would disrupt the available existing mature landscape trees
on the property. The dedication was required by the County
and is, therefore, not self-induced. The applicant seeks to
continue the single-family use which is permitted in the R-8
Zone and no public or private nuisance is known to exist at
this location. The Board finds that the variance will not
adversely impact surrounding properties since other property
owners have the ability to remodel their homes using a 25 foot
front yard setback measured from their existing front yard
property line without any street dedication.
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