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