1991-08
RESOLUTION NO. C-91-08
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A DESIGN REVIEW APPLICATION
REQUEST TO ALLOW THE CONSTRUCTION OF A
REMODEL AND ADDITION OF
OFFICE AND STORAGE AREA EXCEEDING
THE 26 FT. STANDARD HEIGHT TO
27.9 FT. FOR AN EXISTING KENNEL
USE AT 1273 CREST DRIVE
(CASE NUMBER: 90-016DR)
WHEREAS,
A request
for consideration of
a
Design Review
Application was filed by Jim Lockwood and Bokal, Kelley-Markham
Architects to allow the remodel and addition of office, reception,
and storage area to an existing structure associated with an
existing kennel use per Chapter 23.08 (Design Review) and Sections
30.16.010B7b (Exceed Standard Height)
and 30.16.010B9
(existing
kennels) of the Municipal Code for property located at 1273 Crest
Drive and legally described as:
That portion of Block "F" of Palomares Heights, and that
portion of Lot 4 in Block "E" of Palomares Heights,
according to Map thereof No. 2114, filed in the office
of the county recorder of San Diego County.
WHEREAS,
public
hearings
were
conducted
by
the
Cardiff
Community Advisory Board on the application on January 28, and
continued to February 25, 1991, and an onsite meeting conducted on
March 2, 1991 with a further continuance to the Board's March 25,
1991 meeting, and
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WHEREAS,
the
Community Advisory Board
considered without
limitation;
1.
The staff reports dated January 23,
February 20, and March
20, 1991;
2.
The adopted General Plan, Zoning Code and associated Land Use
Maps;
3.
Oral evidence submitted at the hearings;
4.
Written evidence submitted at the hearings;
5.
Documentation and site plans submitted by the applicant dated
received
February
20,
1991
consisting
of
seven
sheets
indicating the site plan, floor plans, elevations, building
section, and line-of-sight study; and additional information
to address concerns raised at the onsite meeting and dated
received by the City on March 14,
1991 consisting of four
sheets
including
a
corner
marker
survey,
floor
plans
indicating use of space and the 50-foot setback line, and a
revised parking plan; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Chapters 23.08 (Design Review)
and Section 30.16.010B7b of the Municipal Code:
(See Attachment "A")
NOW,
THEREFORE,
BE IT RESOLVED by the Cardiff-by-the-Sea
community Advisory Board of the City of Encinitas that application
90-016 DR is hereby approved subject to the following conditions:
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(1)
(2)
(3)
The project as submitted is approved and shall not be
altered without City approval or as conditioned herein.
Fire Prevention District: Prior to building permit
issuance, applicant shall submit a letter from the Fire
Protection District stating that all plan review fees
have been paid. structures shall be fully fire
sprinklered and plans for such system shall be approved
prior to building permit issuance. Address numbers shall
be placed on a monument and/or sign at the public right-
of-way to identify the subject property's address. The
"Porte Cochere, II if over the Fire Department turn around,
shall provide not less than 13 ft. 6 in. clearance.
Applicant shall contact the Planning and Community
Development Department regarding compliance to the
following conditions:
(a)
The applicant shall cause to be recorded a covenant
regarding real property which sets forth the
conditions for Design Review Permit approval. The
covenant shall be in form and content satisfactory
to the Director of Planning and Communi ty
Development.
(b)
The covenant shall limit all kennel and grooming
activities to the current level of intensity. The
number of small dogs (i.e., less than 60 pounds) is
limited to 100 for clients and 20 belonging to the
applicant (120 maximum). Additional grooming tables
or expansion of the current grooming activity areas
or kennels as shown on the approved plans (dated
received by the city on February 20 and March 14,
1991) is strictly prohibited.
(c)
Open parking stalls located within any interior side
yard setback shall be screened from view to
adjoining property by a solid six foot fence or
wall. The westerly four parking stalls shall be
used for employee parking and posted for that use.
(d)
All activities to be conducted within the 50 foot
(kennel regulation) setback shall be limited to
office and/or staff support activities and shall be
restricted from any animal related enclosures or
high animal activity use.
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(5)
(6)
(7)
(8)
(9)
(4)
The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project. The developer shall be responsible for
coordination with SDG&E, Pacific Telephone, and all other
utility authorities.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required
by the Municipal Code.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
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.
The developer shall pay Drainage Fees and any other
applicable mitigation fees at the established rate at or
before the date of final inspection.
All exterior lighting shall be shielded to prevent excess
glare from affecting the enjoyment of adjacent property
to the satisfaction of the Director of Community
Development.
(10) Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government agencies.
(11) This permit shall expire and become null and void after
two (2) years of the effective date if building permits
have not been issued for the approved project in
accordance with Section 23.08.160 of the Municipal Code.
(12) A proponent of protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1.12 of the Encinitas Municipal Code.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
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This project was found to be exempt from environmental review,
Section 15301(e) (2) of CEQA.
PASSED AND ADOPTED this 25th day of March 1991,
by the
following vote, to wit:
AYES:
Cruz, Hall, Tom, Grossman
NAYS:
None
ABSENT:
None
ABSTAIN:
Anderson
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Calvin Tom, Chairman
of the Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
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Craig R. Olson, Assistant Planner
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ATTACHMENT "A"
cardiff-by-the-sea community Advisory Board
RESOLUTION NO. C-90-08
CASE NO. 90-016 DR
I.
Findings for Design Review
(Section 23.08.076 Municipal Code)
23.08.072 RegulatorY Conclusions - GenerallY.
A.
The project design is consistent with the General Plan,
a Specific Plan or the provisions of the Municipal Code.
Evidence: The Cardiff Community Advisory Board finds the
project conforms to Section 30.16.010B9 of the Municipal
Code which permits the remodel or rebuilding of existing
kennel operations by Design Review Permit so long as the
expansion does not increase the intensity of the kennel
use. The applicant's project statement verifies that the
kennel/grooming operations are not to be intensified and
that the remodel is only for office/reception and storage
area. The Design Review Permit is conditioned to
prohibit any intensification of the current kennel use.
The project design and site layout take into account
constraints and opportunities of the site since no excess
grading is proposed nor will the project disturb existing
topography or vegetation. Adequate circulation, access,
and parking are provided for the proposed remodel and
setbacks and other development standards are satisfied.
B.
The project design is substantially consistent with the
Design Review Guidelines.
Evidence: The Board finds that the project design,
building materials, and colors will be consistent with
existing structures on site and will tend to compliment
buildings on neighboring property.
C.
The project would adversely affect the health, safety or
general welfare of the community.
Evidence: The kennel operation has existed at this
location since at least 1975, and no intensification of
the kennel activities is proposed or approved. The
location of the site is suitable to the use since it is
located on a 1.5 acre site and is generally surrounded
with undeveloped slope area having mature vegetation
which tend to screen buildings from off site views and
reduce adverse noise impacts to surrounding properties.
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D.
The proj ect would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: The proj ect design of compatible with existing
structures on the property and will be compatible with
other structures within the neighborhood. The location
of the remodeled structure is generally screened from
adjacent properties due to mature landscaping and setback
distances from property lines.
E.
Exceeding standard height limitations
30.16.010B7b of the Municipal Code:
per
Section
( 1)
The portion of the building exceeding the 26 foot
standard height maintains some of the significant
views enjoyed by residents of nearby property.
Evidence: The board finds that the "site section II study
provided with the application indicates that the line-
of-sight from the second floor of the neighbor's home to
the west will be unobstructed by the proposed project
design. other developed property enjoy easterly views
which are not affected by the project design.
(2)
The building is compatible in bulk and mass with
buildings on neighboring properties.
Evidence: Photographs submitted by the applicant
indicate that buildings of similar bulk and mass to the
proposed project exist along Crest Drive and within the
neighborhood.
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