1991-11
RESOLUTION NO. C-91-11
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
SECOND LEVEL EXTERIOR DECK AND STAIRWAYS FOR AN
EXISTING COMMERCIAL STRUCTURE LOCATED AT
2139-57 NEWCASTLE AVENUE
(CASE NUMBER: 91-032 DR)
WHEREAS,
A request
for consideration of
a Design Review
Application was filed by James Brown and Jay Kenoff to allow the
construction of
an exterior deck
and
stairway
structures per
Chapter 23.08 (Design Review) of the Municipal Code for property
located at 2139-57 Newcastle Avenue and legally described as:
Lots 35,36,37 and 38, in Block 30, Cardiff, according to Map
thereof No. 1298, filed in the Office of the County Recorder
of San Diego County, November 4, 1910.
WHEREAS, a public hearing was conducted on the application on
March 25, 1991, by the Cardiff-by-the-Sea Community Advisory Board
who considered without limitation;
1.
The staff report dated March 20, 1991;
2.
The adopted General Plan, Zoning Code and associated Land Use
Maps;
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing;
5.
Documentation
and
design
plans
consisting
of
six
sheets
indicating the existing and proposed site plans, the proposed
elevations, a landscape and irrigation plan, and a colored
elevation drawing (dated received by the City on February 22,
1991) submitted by the applicant;
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made the required findings pursuant to Chapters 23.08 (Design
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board
Review) :
NOW,
(See Attachment "A")
THEREFORE,
BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the city of Encinitas that application
91-032 DR is hereby approved subject to the following conditions:
(1)
(2)
(3)
(4)
The project as submitted is approved and shall not be
altered without City approval or a 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. Address numbers shall be clearly visible
from the street fronting the structure.
Buildinq Department: Design must comply with 1988 UBC
requirements for wall and opening protection. stairs
require fire resistive protection within 20 feet of
property line (existing structure does not appear to
comply). Existing structure must be brought into
conformance as a 'B-2' occupancy. Complete plans to show
compliance and submit to Building Department for
plancheck review.
Planning Department:
(a) The four existing lots shall be merged into a single
lot of record by recordation of a Certificate of
Compliance in form and content acceptable to the Director
of Planning and Community Development prior to issuance
of a building permit.
(b) A trash receptacle enclosed by a six-foot high
masonry wall with view obstructing gates shall be
constructed to the satisfaction of the Director of
Planning and Community Development prior to final
approval of the building permit or final occupancy. The
receptacle shall be located a minimum of two feet from
the alley right-of-way along the northerly property line.
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(c) All outdoor storage of any material or sales area is
prohibited unless the property owner secures a Minor Use
Permit as required by Section 30.20.010B3 of the
Municipal (Zoning) Code. The existing hot water heater,
visible to the alley, shall be removed and, if replaced,
shall be screened from view in a manner acceptable to the
Director of Planning and Community Development.
(d) The applicant shall secure approval of a Master Sign
Program for the subject property to the satisfaction of
the Director of Planning and Community Development prior
to building permit issuance.
(5)
city Enqineer: APPLICANT SHALL CONTACT THE PUBLIC WORKS
DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
Drainaqe Conditions
(a)
Concentrated flows across driveways and/or sidewalks
shall not be permitted. Property owner shall
coordinate with the property owner to the south to
assure proper drainage improvements are installed
to direct storm water from the alley to Newcastle
prior to issuance of building permits.
street Conditions
(b)
(c)
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 5 feet along Newcastle adjacent to the
property for public right-of-way purposes unless
waived by City Council Policy of March 14, 1991.
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.
utilities
(d)
(e)
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and other
applicable utility authorities.
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(6)
(7)
(8)
(9)
Traffic Enqineer: Prior to Building Permit issuance,
applicant shall submit a Traffic Impact letter to address
possible traffic increases due to proposed building
improvements to the satisfaction of the Traffic Engineer.
Landscaping and automated irrigation systems shall be
installed and shall conform to the plans reviewed and
approved by the Cardiff Community Advisory Board. A
covenant shall limit landscape height to the approved
structural height to the satisfaction of the Director of
Planning and Community Development.
The building height shall not be increased above the
building's existing height.
The proposed stairway along the south property line shall
be relocated to the rear of the property to the
satisfaction of the Director of Planning and Community
Development. Should the owner demonstrate that Fire
Codes prohibit such a relocation, the stairway may be
approved by the Director if located abutting the
southerly exterior wall.
(10) 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.
(11) Permits or findings of exemption shall be obtained from
the State Coastal Commission and any other applicable
Government agencies prior to building permit issuance.
(12) 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.
(13) A proponent or 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 Encini tas Municipal Code.
(14) 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.
(15) 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.
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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,
Section 15301(e) (1) of CEQA.
PASSED AND ADOPTED this 25th day of March,
1991,
by the
following vote, to wit:
AYES:
Anderson, Tom, Cruz, Hall, Grossman
NAYS:
None
ABSENT:
None
ABSTAIN:
None
(~ J
.---- ~-- -~
\" - 1 --
Calvin Tom, Chairman of the
Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
~e.er9~
Craig R. Olson, Assistant Planner
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ATTACHMENT "A"
cardiff-by-the-sea community Advisory Board
RESOLUTION NO. C-91-11
CASE NO. 91-032 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 in conformance with the General Plan designation
of General Commercial. The project conforms to setback
standards for the GC Zone in the Specific Plan overlay
area. Parking, landscaping, floor area ratio and lot
coverage are not applicable since no new bulk square
footage is proposed to be added to the existing
structure.
B.
The project design is substantially consistent with the
Design Review Guidelines.
Evidence: The proposed design tends to provide
architectural variation to the exterior walls of the
existing structure. The proposed deck will be consistent
with the Design Review guidelines in that it improves the
existing access to the office units and tends to enhance
the architecture of the existing structure. The project
is conditioned to require a master sign program, a trash
bin enclosure, and to prohibit any outdoor storage or
sales area.
C.
The project will not adversely affect the health, safety
or general welfare of the community.
Evidence: The property has been used for retail sales
and office space since constructed and no evidence exists
to indicate that the continued use would adversely impact
the health, safety or welfare of the community.
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D.
The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: The project design tends to provide a
compatible architectural element which is anticipated to
be compatible with the surrounding neighborhood. No
increase to existing floor area or structural expansion
beyond the subject exterior deck and stairways is
proposed. The Board finds that the project would not
materially depreciate the appearance or value of the
neighborhood.
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