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1991-17 RESOLUTION NO. C-91-17 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM SECTIONS 30.16.010 A 9 and 30.16.010E6 OF THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1905 OXFORD AVENUE (CASE NO: 91-050V) WHEREAS, David Shaw applied for a Variance in accordance with Chapter 30.78 of the Zoning Ordinance to allow the following encroachment into the 10 foot street side yard setback specified by the Residential 11 Zoning District: ( 1) Encroach 4 ft. 6 in. with a portion of the one story garage, and (2) Encroach 1 ft. 6 in. with a portion of the roof deck above the proposed garage. WHEREAS, the property is located at 1905 Oxford Avenue and legally described as follows: Lots 3 and 4 in Block 109 of Cardiff Vista, in the County of San Diego, State of California, according to the Map thereof No. 1547, filed in the Office of the County Recorder of San Diego County, March 18, 1913. Said lots 3 and 4 having been merged into a single lot of record pursuant to Boundary Adjustment #90-161. WHEREAS, a public hearing was conducted on the application on April 22, 1991 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 plan, floor plans and building elevations submitted by the applicant and dated received by the City on March 19, 1991 consisting of sheets numbered 1 through 4; CO/03/CR09-749wp5 (4/24/91/4) Page 1 of 8 b. c. d. e. Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; Community Advisory Board agenda report dated April 17, 1991; which is incorporated by this reference as though fully set forth herein; and 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 FURTHER RESOLVED THAT the application for Variance 91-050V is hereby APPROVED, and the subject structure may encroach into the street side yard setback standard as specified above; subject to the following conditions: (1) (2) (3) (4) (5) Plans submitted for building plan check shall conform to the Variance request. The building height shall be limited to Zoning Code requirements. Prior to final occupancy, the property owner shall have recorded a Covenant agreeing to maintain landscape height at, or below the approved building heights. Prior to foundation and/or pad preparation for the proposed addition, 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. 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 variance to have expired with the privileges granted thereby cancelled. The maximum height of the floor of the "terrace" located within 16 feet of the front yard property line and the CO/03/CR09-749Wp5 (4/24/91/4) Page 2 of 8 (7) height of the entry stairs within 7 feet of the street side yard property line shall not exceed 30 inches in height when measured from the lower of natural or finished grade to the satisfaction of the Director of Planning and Community Development. The wall surrounding the terrace and the stairway banisters may not exceed the 4 foot height limitation specified by the Zoning Code for walls and fences. (6) Fire Department: Applicant shall contact the Fire Prevention District regarding compliance to the following conditions prior to building permit issuance: (a) Address numbers shall be clearly visible from the street fronting the structures. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. (b) Prior to building permit issuance, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. City Enqineer: APPLICANT SHALL CONTACT THE CITY ENGINEER'S DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Gradinq Conditions: (a) The developer shall obtain a grading permit 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 Encinitas 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 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) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. CO/03/CR09-749wp5 (4/24/91/4) Page 3 of 8 (d) 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. ( e) Prior to hauling direct or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Drainaqe Conditions (f) (g) (h) The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention 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. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 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. Concentrated flows across driveways and/or sidewalks shall not be permitted. CO/03/CR09-749wp5 (4/24/91/4) Page 4 of 8 street Conditions (j) (k) utilities (I) (m) (n) (8) (i) Dedication of right-of-way shall be made by the developer for road purposes along Oxford and Stafford Avenue. Oxford and Stafford are classified as local streets requiring 56 feet of right-of-way or 28 feet from official centerline. This condition may be modified to a 40 foot right-of-way (i.e.: Special Case Local; 1 side parking) as determined appropriate by the City Engineer when the street classification process is completed. 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. Improvements constructed within the present or future public right-of-way shall be considered temporary. Applicant shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. 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. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 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. (9) 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. (10) The property owner shall pay flood control and any other development impact fees as required by Municipal Code CO/03/CR09-749wp5 (4/24/91/4) Page 5 of 8 prior to final structure. inspection/occupancy of the subject (11) No fixtures or decorative pieces are to be placed on the garage roof deck. Enclosure of the roof deck with any material (i.e., plexiglass) is prohibited. No planting within the landscape area at the alley and Stafford Avenue which would exceed four feet in height to insure an adequate line-of-sight for vehicles exiting the alley. (12) Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government agencies. 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 15303(a) of CEQA. PASSED AND ADOPTED this 22nd day of April, 1991, by the following vote, to wit: AYES: Tom, Anderson, Cruz, Grossman, Hall NAYS: None ABSENT: None ABSTAIN: None (t '---- ..-~ - .fen ""---- '\ ' ~~- Calvin F. Tom, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATTEST~~ ¡/. (¿" ¡ I'"~ ('-/~ tà... t b Craig R. Olson Assistant Planner ("\ ~ (>~..~,/"'- ~ CO/03/CR09-749wp5 (4/24/91/4) Page 6 of 8 B. C. ATTACHKENT "A" RESOLUTION NO. C-91-17 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 classific'ation. Evidence: The Cardiff Community Advisory Board finds that a variance is necessary due to the unique shape of the lot caused by the adjoining curved street and that, without variance, the property owner would not be allowed the privilege to construct a garage which is set back 20 feet from the rear property line as other property owners in the vicinity may do. The Board finds that, due to the condition of a previously approved Boundary Adjustment, the variance is reasonable to permit access to the garage from the alley. 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 adjustment does not authorize or constitute any grant of special privilege due to the fact that garages are common accessory structures to single family residences and other property owners may construct garages meeting the rear yard setback. Therefore, the shape and location of the property warrant the variance approval. 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 proposed single family residence and the associated garage is a use and activity expressly authorized within the R-11 Zoning District. CO/03/CR09-749wp5 (4/24/91/4) Page 7 of 8