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)