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1992-06 RESOLUTION NO. C-92-06 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT FOR A DUPLEX STRUCTURE TO EXCEED THE STANDARD HEIGHT ENVELOPE AND VARIANCE TO ALLOW ACCESS STAIRS TO EXCEED 6 FOOT HEIGHT LIMIT IN SIDE YARD TO 13 FEET FOR PROPERTY LOCATED AT 2120 HONTGOMERY AVENUE (CASE NUMBER 91-197DR/V) WHEREAS, a request for consideration of a Design Review Permit and Variance Request was filed by Paul Basten to permit a duplex development to extend beyond the 26 foot standard height to 28 feet 6 inches and to permit stairways in the side yard setback to extend beyond the 6 foot vertical height limit to approximately 13 ft., for property located at 2120 Montgomery Avenue, legally described as: Lots 5 and 6 in Block 59 of CARDIFF "A", in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 1334, filed in the office of the County Recorder of San Diego County on May 12th, 1911. WHEREAS, public hearings were conducted on the application on February 24 and April 27, 1992; and WHEREAS, the Cardiff-by-the-Sea considered, without limitation: Community Advisory Board 1. The staff reports dated February 20 and April 14, 1992: 2. The General Plan, Zoning Code and associated Land Use Maps: 3. Oral evidence submitted at the hearings by staff, by the applicant and by the public: 4. Written evidence and plans submitted with the application and dated received by the city on January 31, 1992 and written evídence received at the public hearings: and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Sections 30.16.010B 7b (Height Standard), Chapter 23.08.072 (Design Review), and Section 30.78.030 (Variance) of the Encinitas Municipal (Zoning) 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 91-197DR/V is hereby approved subject to the following conditions: (2) (3) (4) (5) (6) (7) , (1) The project is approved as presented in the plans received by the City on January 31, 1992, and on file with the Planning and Community Development Department, with the exception that the proposal shall conform with the 40% lot coverage limit, to be verified through the plan-checking process. Otherwise, the approved plans, as reference above, shall be found to be in substantial conformance with this Design Review approval. This approval may be appealed to the Planning commission within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. Prior to Building Permit issuance, the applicant shall submit a statement from the Fire Prevention District to the Community Development Department indicating that all impact, plan check, and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District standards. AUTOMATIC FIRE SPRINKLER SYSTEM: The structure(s) shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the Fire District. The Design Review approval shall be valid for two years from the effective date of the permit; during which time construction of the approved structure shall be pursued in conformance with the Uniform Building Code to the satisfaction of the Director of Planning and Community Development. If substantial construction has not been completed in reliance upon the granted variance within one year of the approval, then upon notice to the property owner, and an opportuni ty to present information to the Communi ty Development Director, the Director may declare the variance to have expired with the privileges granted thereby canceled. Prior to foundation and/or pad preparation for the proposed structure, 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 portions of the structure requiring variance. 91197DR/V.RES (3-30-92) (8) Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government agencies. (9) The applicant shall cause to be recorded a certificate of Compliance merging the subject lots into a single lot of record to the satisfaction of the Community Development Department prior to the issuance of building permits. (10) The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be set forth in form and content satisfactory to the Director of Planning and Community Development. City Engineer: APPLICANT SHALL CONTACT THE CITY ENGINEER'S DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Grading Conditions: (11) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. (12) 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. (13) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. (14) 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 or prior to Building Permit issuance. (15) 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. 91197DR/V.RES (3-30-92 ) Drainaqe Conditions ( 16) The developer shall exercise special care during the construction phase of this project to prevent any off- site 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. (17) 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 proj ect 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. (18) Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions (19) Prior to any work being performed in the public right-of- way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. (20) The developer shall obtain the City Engineer's approval of the proj ect improvement plans and enter into a secured agreement with the city for completion of said improvements prior to the issuance of any building permits for the project. The improvements shall be constructed and accepted for maintenance by the ci ty Council prior to final occupancy permit approval. The following improvements shall be installed in conformance with the "special case local" section of the City of Encinitas Public Road Standards. (21) Install type G-2 concrete curb and gutter along the west side of Montgomery, for the limits of the subject 91197DR/V.RES (3-30-92) property, 15 feet from the official centerline, with appropriate asphalt paving (6" depth) to join existing pavement. (22) Improve 15 foot alley, for the limits of the subject property, with standard alley section as per the city's approved Road Standards. (23) Submit an engineered plan for the street and alley improvements, showing plan and profile to Liverpool and Chesterfield for directional flows. (24) 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 (25) The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. (26) The developer shall be responsible for coordination with S.D.G.& E., Pacific Telephone, and other applicable utility authorities. (27) All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. (28) The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. (29) 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. (30) 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 Community Development. (31) The property owner shall pay flood control, traffic, and park & recreation fees (if applicable) and any other development impact fees as required by Municipal Code prior to final inspection of the subject structure. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: 91197DR/V.RES (3-30-92 ) ATTACHMENT "A" RESOLUTION NO. C-92-06 Findings: Zoning Code Section 30.16.010B 7b specifies that the two following findings be made in order to approve a projection above the standard height envelope: 1) The portion of the building outside of the standard height envelope shall maintain some of the significant views enj oyed by residents of nearby properties: EVIDENCE: The Cardiff-by-the-Sea community Advisory Board finds that due to the project's pad elevation being approximately 6 feet below the pad elevations of properties generally to the east, the 2 foot 6 inch projection beyond the 26 foot standard height envelope will not significantly impact views from surrounding properties. The Board has reviewed the project's "story poles" and finds that some significant views to properties generally to the east of the subject property will be maintained or can be captured by future remodeling of existing structures in conformance with current development standards. Further, the current proposal is substantially reduced in bulk when compared with the original submittal reviewed by the Board on December 16, 1991. 2) The structure shall be compatible in bulk and mass with buildings on neighboring properties; EVIDENCE: The variety of building types in the neighborhood range from older one story residences to newer two and three story twinhomes and duplexes. The project design tends to fall between the extremes of bulk and mass of existing structures in the neighborhood and is found to be compatible with existing structures and will be compatible with potential future structures to be constructed pursuant to current design standards. Findings for Design Review Permit approval per 23.08.072 (et. seq.) of the Encinitas Municipal Code: Chapter 3) The project design is consistent with the General Plan, a Specific Plan and the provisions of the Municipal Code: EVIDENCE: The Cardiff Board finds that the project conforms to the provisions of the Zoning Code that 91197DR/V.RES (3-30-92) 91197DR/V.RES allows duplex structures on R-15 zoned properties that were established prior to the adoption of the City's General Plan and Zoning Ordinance and have at least 5000 square feet. wi th the Variance approval as granted, the project will conform with all aspects of the Municipal Code and applicable development standards. 4) The project design is substantially consistent with the Design Review Guidelines; EVIDENCE: The Cardiff Board finds that the proposed project satisfies the intent of the Design Review Guidelines in that the site design tends to take advantage of the site's potential for views to and from the site and addresses the constraints of the slope of the front yard of the property downward from the street to the building pad. In addition, the Board has determined that significant views through the site are preserved by the project design to the extent possible due to the fact that the building pad is approximately 4 feet lower than properties generally to the east. The building design provides variations to the building's exterior walls and the roof ridge line in conformance with the guidelines. The landscape plan utilizes drought tolerant plant material and substantially conforms with the plants recommended by the City's master plant list and the landscape plan provides a sense of continuity throughout the project and with adjoining properties in conformance with the design guidelines. 5) The project will not adversely affect the health, safety, and general welfare of the community: EVIDENCE: All utility services including water and sewer services are available to the site and no evidence has been presented to indicate that the proposed use would pose any adverse impact to the health, safety, or general welfare of the community. 6) The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value: EVIDENCE: The Cardiff Board finds that the variety in exterior materials, colors and the proposed design of the proj ect will tend to complement surrounding residential structures in the area. (3-30-92) The project proposes to upgrade the current condition of the property which will tend to increase the value of the property and surrounding neighborhood. FINDINGS PURSUANT TO SECTION 30.78.030 (VARIANCE) OF THE CITY OF ENCINITAS ZONING ORDINANCE: A. B. 91197DR/V.RES 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 enj oyed by other property in the vicinity and under identical classification; EVIDENCE: The Cardiff Board finds that the applicant's request to extend above the 6 ft. vertical height limit to 13 ft. for stairs in the side yard can be supported since the CAB finds that the front yard slopes down approximately 5 ft. from the street elevation and the location of the building pad being approximately a minimum of 6 or 7 ft. below properties generally east, and this constrains the site in a manner not generally experienced by other properties in the vicinity under the same zoning classification. 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 Cardiff Board finds that the applicant's request to extend above the 6 ft. vertical height limit to 13 ft. for stairs in the side yard can be supported since the CAB finds that the front yard slopes down approximately 5 ft. from the street elevation and the location of the building pad being approximately a minimum of 6 or 7 ft. below properties generally east, and this constrains the site in a manner not generally experienced by other properties in the vicinity under the same zoning classification, such that no conditions are necessary to insure that the variance would not be a grant of special prilelege. (3-30-92) 91197DR/V.RES 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 regulation governing the parcel of property; EVIDENCE: The proposed duplex structure and the associated garages are a use and activity expressly authorized within the R-15 Zoning District by the provisions of the Municipal (Zoning) Code. 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 si te and adj acent properties then 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 of the Zoning Code; or 4. Would authorize or legalize the maintenance of any private or public nuisance; EVIDENCE: The Cardiff Board finds that no reasonable alternate development plan exists and the need for a variance is not self-induced because the applicant's request to extend above the 6 ft. vertical height limit to 13 ft. for stairs in the side yard is supported by the fact that the front yard slopes down approximately 5 ft. from the street elevation and the location of the building pad being approximately a minimum of 6 or 7 ft. below properties generally east, and this constrains the site in a manner not generally experienced by other properties in the vicinity under the same zoning classification. The project would not constitute a rezoning since a duplex is permitted by right on the subject lot. No aspect of the project has been identified which could constitute a nuisance. (3-30-92) This project is found to be exempt from Environmental Review per section 15303(b) of CEQA. PASSED AND ADOPTED this 27th day of April, following vote, to wit: 1992, by the AYES: Crimmins, Grossman, Hall, Mac Fall NAYS: None ABSENT: Anderson ABSTAIN: None /I ~ tJ~ 4. // Bruce Hall Vice Chairman of the Cardiff Community Advisory Board ATTEST: 91197DR/V.RES (3-30-92)