1992-03
RESOLUTION NO. CARD 92-03
A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING A VARIANCE TO ENCROACH 3 FT. 8 IN. INTO
THE REQUIRED 25-FOOT REAR YARD SETBACK OF THE
R-8 ZONE FOR A PATIO CONVERSION TO
LIVING SPACE TO AN EXISTING
SINGLE FAMILY DWELLING
AND HINOR USE PERMIT FOR
A DAY CARE USE FOR 7-12
CHILDREN FOR PROPERTY LOCATED AT
1917 FREDA LANE
(CASE NUMBER 92-022V/HIN; BISSONNETTE/HOLDEN)
WHEREAS, a request for consideration of a Variance was filed
by Ronald and Judy Bissonnette to allow a 3 ft. 8 in. encroachment
into the required 25 ft. rear yard setback for the construction/
legalization of a patio-to-living space conversion to an existing
single family dwelling per Chapter 30.78 of the City of Encinitas
Municipal Code, and Minor Use Permit to allow for a Family Day Care
Home (Large), providing day care for 7 to 12 more children, for the
property located at 19l7 Freda Lane, legally described as:
Lot 166 of POINSETTIA HEIGHTS UNIT NO.4, in the city of
Encinitas, County of San Diego, State of California, according
to the Map thereof No. 4558, filed in the office of the County
Recorder of San Diego County, June 9, 1960.
WHEREAS, a public hearing was conducted on the application on
March 23, 1992;
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated March 16, 1992:
2. The Variance application and Statement of Justification
submitted by the applicant received February 10, 1992:
3. Statement of Justification for Minor Use Permit dated
received March 5, 1992:
4. Oral evidence submitted at the hearing:
5. Written evidence submitted at the hearing: and
WHEREAS, the Cardiff Community Advisory Board made the
following findings pursuant to Chapter 30.78 of the Encinitas
Municipal Code:
(SEE ATTACHMENT II A ")
JK/92022V.RES (3-16-92)
1
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community
Advisory Board of the City of Encinitas that application 92-022V/
MIN is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Cardiff Community Advisory Board
of the City of Encinitas that:
This proj ect was found exempt from environmental review under
Sections 15301 (e) and 15305 (a) of the State CEQA guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Communi ty
Advisory Board of the City of Encinitas that application 92-022V/
MIN is hereby approved.
PASSED AND ADOPTED this 23rd day of March 1992,
following vote, to wit:
by the
AYES: Anderson, Crimmins, Grossman, Hall
NAYS: Mac Fall
ABSENT: None
ABSTAIN: None
. avid L. An r on :4-~
Chairman of the Cardiff
Community Advisory Board
ATTEST:
,/
,/ ,,1'/ /
:;'J::'/.i( --.;.. ',"'ý'.~.'
J~ Kennedy /
Junior Planner .//
JK/92022V.RES (3-16-92)
2
ATTACHMENT nAn
Resolution No. CARD 92-03
Case No. 92-022V/MIN
1. FINDINGS FOR A VARIANCE
A.
In reference to Municipal Code Section 30.78.030
(A), a variance from the terms of the zoning
regulations 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 regulations deprives such property of
privileges enjoyed by other property in the
vicinity and under the same zoning classification.
Facts: The proposal is to encroach 3 ft. 8 in. on one
corner for a patio conversion (the amount of encroachment
for the other corner of the subject conversion is
approximately 1 ft. 5 in. The "standard" lot depth in
the R-8 Zone is 90 ft; the subject lot is 87.5 ft. in
depth on the south side. The average lot depth for houses
on this block of Freda Lane is closer to 100 ft. The
usable rear yard area behind the subj ect dwelling is
substantially restricted by a steep slope. On top of
this steep slope is the rear property line, behind which
is a drainage channel area of approximately four ft. in
width, behind which is the rear yard fence (four ft.
beyond the actual property line).
Discussion: The subject property is substandard in depth
by 2.5 ft on the south property line, and the amount of
usable rear yard area in substantially reduced by a steep
slope limiting other potential uses in the yard. The
four foot offset of the rear yard fence on the top of the
slope creates an additional four ft. of visual setback.
Conclusion: The Board determines that special
circumstances apply to the proposal since the lot depth
along the south property line is only 87.5, making the
subject site's lot depth measurably less than other
properties in the area, and since the site's rear yard is
substantially impacted by a steep slope which would limit
the location of any other potential detached recreational
rooms.
B.
In reference to Municipal Code Section 30.78.024
(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
JK/92022V.RES (3-16-92)
3
limitations upon other properties in the same
vicinity and zone in which property is situated.
Facts: The subj ect property's lot depth and area is
comparatively less than the average for other properties
in the surrounding area.
Discussion: The site has a relatively restrictive
building envelope which results from a comparatively
small lot. When combined with a rear yard constrained by
a steep slope, the project site has restricted space to
expand living area and otherwise limited useful rear yard
area.
Conclusion: The board finds that the approval of this
Variance request would not constitute a grant of special
privileges since the project site is constrained with a
relatively small building envelope due to lot dimensions
and topography not typical of other properties in the
same vicinity and zone.
C.
In reference to Municipal Code Section 30.78.024
(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 regulations governing the parcel of
property.
Conclusion: The subject site is zoned residential (R-8)
and the proposed patio conversion would maintain a
residential use.
D.
In reference to Municipal Code Section 30.78.024
(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 adjacent properties than the project
requiring a variance:
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
consti tute a rezoning or other amendment to the
zoning code:
4. Would authorize or legalize the maintenance of
any public or private nuisance.
JK/92022V.R~S (3-16-92)
4
4.
1.
Facts: The subject patio conversion is 19 ft. deep x 21
ft. 8 in width. The conversion relies on an existing
"footprint" and does not expand the original area, for a
patio area originally constructed in 1961.
Discussion: The patio conversion is not an expansion of
the existing footprint, and is for a site which has a
relatively restrictive rear yard area.
Conclusion: The Board finds that the Variance request
could not reasonably be avoided by an alternate
development plan since the project is not expanding on an
existing building footprint, and since the project site
is subject to a relatively restrictive building envelope.
2.
Facts: The project site is relatively small compared to
nearby properties and, when combined with the slope-
constrained rear yard, has a relatively restrictive
usable area in the rear yard.
Discussion: The project site is relatively small
compared to nearby properties and, when combines with the
slop-constrained rear yard, has a relatively restrictive
usable area in the rear yard.
Conclusion: The Board finds that the Variance is not
self-induced since existing site conditions (lot size and
topography) result in a building envelope, and especially
rear yard, which is substantially constrained when
compared to other properties in the area.
3.
Conclusion: The Board finds that this variance would
not constitute a rezoning or other amendment to the
zoning code since the continuation of a residential use
would be consistent with the zoning code.
Conclusion: The Board finds that this variance would not
legalize the maintenance of any public or private
nuisance.
2. Findings for a Hinor Use Permit:
A.
The location, size, design or operating characteristics
of the proposed project will not be incompatible with and
will not adversely affect and will not be materially
detrimental to adj acent uses, residences, buildings,
structures or natural resources, with consideration given
to, but not limited to:
(1)
(2)
The adequacy of public facilities, services and
utilities to serve the proposed project:
The suitability of the site for the type and
JK/92022V.R~S (3-16-92)
5
intensity of use or development which is proposed:
and
The harmful effect, if any, upon environmental
quality and natural resources of the city.
Facts: The proposed Family Day Care Home for 7 - 12
children will be located in and existing single family
home which will continue to be adequately served by
public facilities, will conform with density
requirements, and is exempt from Environmental Review.
(3)
Discussion: The project will be adequately served by all
necessary facilities, will conform to density
requirements, and constitutes a land use which is not
incompatible with the surrounding residential character
in that child care activities routinely occur in
residential zones, and since this day care operation
would be operated in a facility which has required state
licenses, meets City Fire Dept. requirements for exiting,
smoke detectors and receptacle requirements, and is
provided with adequate interior areas and fenced exterior
areas.
Conclusion: The Board finds that the proposed day care
use will be served adequately by public facilities, will
be suitable for type and intensity of use, will not be
incompatible with the project site or surrounding area,
and will be exempt from Environmental Review.
B.
The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code.
Facts: The primary single family residential use will
continue and the proposed day care use is permitted in
any residential zone unless found to be incompatible.
Discussion: The single family residential use will
continue. The proposed day care use is permitted in any
residential zone with the approval of a Minor Use permit.
Conclusion: The Board finds that the proposed Family Day
Care Home will not adversely affect the policies of the
Encinitas General Plan.
C.
The project complies with all other regulations,
conditions or policies imposed by this Code.
Conclusion: The Board determines that the subject
proposal will comply with all other requirements of this
Code.
JK/92022V.R~S (3-16-92)
6
Applicant:
Case No.
Subject:
Location:
1.
ATTACHMENT nBn
CONDITIONS OF APPROVAL
Resolution No. CARD 92-03
Case No. 92-022V/HIN
Bissonnette/Holden
92-022V/MIN
Conditions of approval for a Variance Permit for an
addition to an existing duplex structure and Minor
Use Permit for a Family Day Care Home for 7-12
children.
1917 Freda Lane
A.
GENERAL CONDITIONS
B.
C.
D.
E.
F.
G.
H.
Unless substantial construction has been completed in
reliance upon this variance approval within one year,
said approval will expire on March 23, 1993, at 5:00 p.m.
unless the conditions have been met or an extension has
been approved by the Authorized Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
The project is approved as submitted and shall not be
altered without review and approval by the authorized
agency.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance.
The applicant shall comply with the latest adopted
Uniform building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit submittal.
Permits from other agencies will be required as follows:
- California Coastal Commission
In the event that the conditions of this permit are not
satisfied, the Planning Department shall cause a noticed
JK/92022V.R~S (3-16-92)
7
2.
C.
hearing to be set before the Community Advisory Board to
determine why the City should not revoke this permit.
G.
The applicant shall be caused 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 Coummunity
Development.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SITE DEVELOPHENT
A.
Prior to issuance of building permits, all appropriate
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Community Development. Other conditions shall be
satisfied prior to final inspection.
B.
A plan shall be submitted for approval by the Director of
Planning and Community Development and the Encinitas Fire
Protection District regarding the treatment of the site
during the construction phase, and the circulation and
parking of construction workers' vehicles and any heavy
equipment needed for the construction of the project.
All cost recovery fees associated with the processing of
the subject application shall be paid to the Department
of Planning and Community Development prior to the
issuance of building permits.
THESE ITEMS HUST BE COHPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
3.
FIRE
A.
B.
Address numbers shall be clearly visible from the street
fronting the structure. Height of numbers shall conform
to Fire District Standards. Where structures are located
off a roadway on long driveways, a monument marker shall
be placed at the entrance where the driveway intersects
the main roadway. Permanent numbers shall be affixed to
this marker.
Prior to final recordation or development approval, the
applicant shall submit to the Planning Department a
letter from the Fire District stating that all
JK/92022V.R~S (3-16-92)
8
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the Fire
District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COHPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
Public Works
Drainaqe Conditions
A. 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
B. The developer shall comply with all the rules, regulations
and design requirements of the respective utility agencies
regarding services to the project.
C. The developer shall be responsible for coordination with
S.D.G & E., Pacific Telephone, and Cable TV authorities.
D. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
E. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
JK/92022V.R~S (3-16-92)
9