2002-058City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2002-58
June 28, 2002
This letter is to inform you that the Director of Community Development has approved your
application for:
02-074 MINV/CDP (Ball) - A request for a Minor Variance and Coastal Development Permit
to allow an addition to asingle-family residence to encroach 4' into the required 20-ft. front
yard setback, or 20%. The subject property is located at 340 Alviso Way (APN 256-314-03)
within the R3 (Resideritial-3) Zone and is located within the Coastal Zone.
Project Description and Discussion: The applicant proposes an addition of living area to an
existing single-family residence which will encroach 4-ft. into the required 20-ft. front yard setback,
or 20%. Municipal Code Section 30.78.020 authorizes the Director of Community Development
authority to grant variances of up to 20% of the setback standard.
In order for the property owner to enjoy a modest expansion of living area, a variance is needed to
allow the addition to encroach 4 feet into the front yard setback. Findings for the subject variance
request can be made based upon unique site constraints inherent with the property. The findings of
approval for this variance are related to the substandard lot size and lot depth.
The property conforms with all (other) development standards, including setbacks, lot coverage and
building height.
In meeting with the property owner and in reviewing the property circumstances, the Community
Development Department determined that the yards for the subject property are established as
follows: The front yard is taken from the Ocean View Avenue frontage, along the east lot line. The
rear yard is opposite the front yard, along the west lot line. The street side yard is taken from the
Alviso Way frontage, along the south lot line. The interior side yard setback is taken along the
north property line.
This approval is based on the following fmdings:
FINDINGS FOR A VARIANCE
STANDARD: Section 30.78.030 of the Encinitas Municipal Code provides that a variance may
be granted only when, based upon the information presented in the application and during the
Public Hearing, all of the following findings of fact can be made:
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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 identical zoning classification.
Discussion: The Municipal Code establishes a minimum lot size of 14,500 SF, and a minimum
lot depth of 100 feet for properties in the subject R-3 Zone. The subject property has a lot area
of approximately 10,000 SF, and a lot depth of approximately 82 feet. These conditions create
an atypically restrictive building envelope compared to the average lot size of properties in the
vicinity, particularly with respect to usable lot depth. Because of the existing site conditions,
the property owner is not able to enjoy a building envelope similar to that more typical of
surrounding properties.
Conclusion: The Community Development Department fmds that, because of the special
circumstances applicable to the property, including shape & topography the strict application of
the zoning regulations deprives the subject properly of privileges enjoyed by other properties in
the vicinity.
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
limitations upon other properties in the same vicinity and zone in which property is situated.
Discussion: Because the subject site has a restrictive building area due to the substandard lot
size and depth, the grant of the variance will not allow a grant of special privilege. The grant of
the variance will allow a building envelope closer to that enjoyed by surrounding properties.
Conclusion: The Community Development Department fmds that the granting of the variance
request does not constitute a special privilege inconsistent with the limitations placed upon
other properties in the same vicinity and zone, since the approved adjustment permits the
property owner a building envelope more consistent with that of surrounding properties.
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. The provisions of this section shall not apply to use permits.
Discussion: The subject land use of asingle-family residence is permitted by-right as per
Municipal Code Chapter 30.16.
Conclusion: The Community Development Department fmds that the granting of the variance
request will not authorize a use or activity that is not otherwise expressly authorized by the
zoning regulations governing the parcel of property.
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;
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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 constitute a rezoning or other amendment to
the zoning code;
4. Would authorize or legalize the maintenance of any public or private nuisance.
Discussion: The subject site is constrained with a restrictive building envelope due to its
substandard size and shape. These are existing conditions and not the result of action taken by
a property owner or predecessor, and is therefore not self-induced.
Conclusion: The Community Development Department finds that the variance could not be
avoided by an alternate development plan, is not self-induced, would not allow such a degree of
variation as to constitute a rezoning or other amendment to the zoning code, and would not
authorize or legalize the maintenance of any public or private nuisance.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must
make the following fmdings of fact, based upon the information presented in the application and
during the Public Hearing, in order to approve a coastal development permit:
The project is consistent with the certified Local Coastal Program of the City of Encinitas; and
2. The proposed development conforms with Public Resources Code Section 21000 and following
(CEQA) in that there are no feasible mitigation measures or feasible alternatives available
which would substantially lessen any significant adverse impact that the activity may have on
the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Discussion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The project consists of an addition of living area to an existing single-family
residence. With the exception of the front yard variance approved herein (20% of standard), the
property conforms with all development standards, including setbacks, lot coverage and building
height, as applicable to the subject R-3 Zone. No aspect of the project has been identified which
could have an adverse impact on coastal resources or any natural resources.
Conclusion: Since the project complies with all applicable provisions of the City's Municipal Code,
the Community Development Department finds that the project is consistent with the certified Local
Coastal Program of the City of Encinitas. Required finding #2 is not applicable since no significant
adverse impact is associated with the project, and the project is categorically exempt from
environmental review pursuant to Section 15301(e)(1) of the California Environmental Quality Act
(CEQA) Guidelines. Finding #3 is also not applicable since the project does not involve development
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between the sea or other body of water and the nearest public road, and therefore, does not impact
public access to coastal resources. No aspect of the project has been identified which could have an
adverse impact on coastal resources or any natural resources. The approval of this Coastal
Development Permit satisfies the requirements of the Encinitas Local Coastal Program.
The applicant conducted a Citizen Participation Program (CPP) in accordance with Municipal Code
Chapter 23.06. No significant issues were raised during the CPP process.
Environmental Review: This project is exempt from environmental review pursuant to Section
15301(e)(1) of the CEQA Guidelines, which exempts additions to existing structures provided that
the addition will not result in an increase of more than 50 percent of the existing floor area of the
structures before the addition, or 2,500 square feet, whichever is less.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on June 28, 2004 at 5:00 p.m., two years after the approval of this
project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings dated
received by the City on April 15, 2002 consisting of 3 sheets including Site Plan, Floor Plans
and Exterior Elevations, all designated as approved by the Community Development Director
on June 28, 2002 and shall not be altered without express authorization by the Community
Development Department.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
GS Approval of this request shall not waive compliance with any sections of the Municipal Code
and all other applicable City regulations in effect at the time of Building Permit issuance unless
specifically waived herein.
G13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees,
Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Community Development and Engineering
Services Departments. The applicant is advised to contact the Community Development
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
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Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
B 1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION:
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include aSoils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans shall
include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section
details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be
completed prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
F 1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them
to be clearly visible from the street fronting the structure. The height of the address numbers
shall conform to Fire Department Standards.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the
satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
Drainage Conditions
ED3 A drainage system capable of handling and disposing of all surface water originating within the
project site and all surface waters that may flow onto the project site from adjacent lands shall be
required. Said drainage system shall include any easements and structures required by the
Engineering Services Director to properly handle the drainage.
EDS The owner shall pay the current local drainage area fee prior to issuance of the building permit for
this project or shall construct drainage systems in conformance with the Master Drainage Plan and
City of Encinitas Standards as required by the Engineering Services Director.
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ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage across
the adjacent property prior to approval of the grading or building permit for this project.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency
storm under developed conditions is equal to or less than the runoff from a storm of the same
frequency and duration under existing conditions. Both 6-hour and 24-hour storm durations shall be
analyzed to determine the detention basin capacities necessary to accomplish the desired results.
Street Conditions
ESS Prior to any work being performed in the public right-of--way, aright-of--way construction permit
shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to
any other permits required.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and record a
covenant with the County Recorder agreeing not to oppose the formation of an assessment district
to fund the installation ofright-of--way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and record a
covenant with the County Recorder agreeing not to oppose the formation of an assessment district
to fund the undergrounding of utility facility improvements.
Utilities Conditions
EU2 The owner shall comply with all the rules, regulations, and design requirements of the respective
utility agencies regarding services to the project.
EU4 All proposed utilities within the project shall be installed underground unless exempt by the
Municipal Code.
Special Conditions
1. Best Management Practice shall be utilized for storm water pollution control to satisfaction
of the City Engineer. The surface run off shall be directed over grass and landscaped areas
prior to collection and discharge onto the street and/or into the public storm drain system. If
pipes are used for area drainage, inlets shall be located to allow maximum flow distance
over grass and non-erodable landscape areas. A grass lined ditch, reinforced with erosion
control blanket, or a riprap lined drainage ditch shall be used instead of a concrete ditch
where feasible. Hardscape areas and driveways shall be sloped toward grass and landscaped
areas. Driveways with a grass or gravel lined Swale in the middle can be used if site
topography does not allow discharge of driveway runoff over landscape areas. Grading plan
shall identify all landscape areas designed for storm water pollution control.
2. A grading permit shall be obtained for any grading unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan to the Engineering
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department for review and approval. The precise site plan shall provide design for drainage
improvement, erosion control, storm water pollution control and Best Management Practice,
and on-site pavement. A note shall be placed on the plan specifying that any modifications
to the site BMP must be approved by The City of Encinitas Engineering Department.
3. The existing overhead utilities to the property shall be undergrounded to the satisfaction of
the City Engineer.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed to
the City Council within fifteen (15) calendar days of the date of this determination. The appeal must
be filed, accompanied by a $100.00 filing fee, prior to 4:00 p.m. on the 15~' calendar day following the
date of this notice of decision. This decision may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Jim Kennedy at the Community
Development Department by telephoning (760) 633-2717.
C ~~ ~ ~-,
Patrick Murphy
Community Development Director
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