2001-071 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-71
July 17, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
01-099 CDP/V (Habitat) - Minor Variance request and Coastal Development Permit
to allow a new, single-family residence to encroach 5 feet into the required 25 ft. front
and rear yard setbacks for property located at 755 Leucadia Boulevard in the R-5
zoning district. (APN 256-162-01).
Project Description and Discussion:
The applicant seeks a minor variance (20% encroachment or less) from the standard front
and rear yard setback requirement to allow portions of the residence to encroach five feet into
the front and rear yards. This lot is a remainder lot left over after the City of Encinitas widened
Leucadia Boulevard. The lot is generally flat and access to the parcel is directly to La Mirada
Avenue. The lot that was created after right-of-wayprojects and road widening is 3,313
square-feet in size. As Per the Encinitas Municipal Code, minimum lot size for parcels is
8,700 square feet.
The applicant is proposing to build one residence on this existing vacant lot.
A single-family residence was demolished on this site as part of the Leucadia Boulevard
widening project. The proposed two-story home would be 1,270 square-feet in size and have a
257 square-foot, one-car garage. Because the lot is substantially substandard in size, the siting
of a small home is virtually impossible without building into a portion of the setback areas. It
has been documented that numerous other homes in the Leucadia neighborhood have been
constructed with similar setbacks and numerous homes were made non-conforming with the
establishment of the City zoning standards. Given the lot location and unique size of
this parcel, this site has unique characteristics that warrant relief from the code requirements.
The proposed residence will not be out of character with the surrounding area and will not
constitute a grant of special privileges.
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A publicly noticed comment review period was established and no comments or letters of
concern were received. Additionally, an Administrative Hearing was conducted on June 4,
2001, with no members of the public present.
This approval is based upon the following findings pursuant to Section 30.78 of the City of
Encinitas Municipal Code:
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:
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.
Facts:. The existing site is a corner lot along a busy arterial. The parcel was created as
part of a Capital Improvement Project (Leucadia Boulevard Widening Project) in
which useable area was taken for right-of-way purposes. The remainder lot that was
created is only 3,313 square-feet in size. A previously existing home was demolished
as part of the road-wideningproject.
Discussion: The applicant is proposing to construct a small, single-family home that
would encroach 5' into the rear yard setback and front yard setback. Because the lot is
substandard in size, the buildable envelope for this lot is substantially constrained. In
order to site a liveable residence on this lot, some encroachment into the setback areas
is required. The proposed home is smaller than many of the existing homes in the
neighborhood.
Conclusion: Therefore, Community Development staff finds that special
circumstances apply to the property. The applicant's property is physically special and
unique in contrast with other lots in the same vicinity, for reason of its irregular size.
With setback requirements of 25' for both the front and rear yards, the building
envelope is severely constricted. Most of the lots in this neighborhood are over 9,000
square-feet in total area. The strict application of the front and rear yard setback
standard would deprive the property owner of the privilege to construct a home, as may
be enjoyed by other property owners in the vicinity and under the identical zoning
classification.
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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.
Facts:. No special conditions would be necessary for the subject request since the
variance will not authorize any special privilege due to the fact that single-family
homes are common structures of residential zones.
Discussion: Due to the size of the parcel, the only location to site the improvements is
at the proposed locations off the front and rear of the house. The application will be
keeping in line with the other residences in the neighborhood. The applicant is unable
to construct a residence which maintains the required front and rear yard setback due to
unique site constraints.
Conclusion: Therefore, Community Development staff finds that the substandard size
of the lot warrants the variance approval and that no specific conditions are required to
assure that the adjustment hereby authorized will not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the same vicinity
and zone in which the property is situated.
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.
Facts: The property is zoned R-5 which allows for single-family residential structures.
Discussion: Since single-family residences are permitted by right in the R-5 Zoning
District, the applicant is not proposing a use or activity which is not otherwise
expressly authorized by the zoning regulations governing this site.
Conclusion: Therefore, Community Development staff finds that the project does not
include a use or activity which is not otherwise expressly authorized by the zoning
regulations governing this 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:
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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 constitute a rezoning or other
amendment to the zoning code;
4. Would authorize or legalize the maintenance of any public or private nuisance.
Facts: An alternate development plan is not viable given the existing lot size of 3,313
square-feet. The parcel is substantially smaller, in some cases only one-third the size of
other lots in the vicinity. The proposed home would maintain 20' setbacks in the front
and rear and 10' setbacks along the side yards. This proposal would not warrant a
variance for lot coverage or floor area ratio.
Discussion: The variance is not self induced since the lot was part of the Leucadia
Road Widening Project. The only way to create enough liveable area is to build floor
area into the front and rear yards. Other residences in the neighborhood have
nonconforming setbacks. Most, if not all, the lots in this portion of Leucadia are larger
than 8,700 square-feet. The degree of variance will not constitute a rezoning or
amendment since a single-family residence is an allowed use. The structure is well
below the maximum code standards for lot coverage and floor area ratio. No evidence
has been received to indicate that the project constitutes a public or private nuisance.
Conclusion: Therefore, Community Development staff finds that the project can not
be avoided by an alternative development plan, is not self-induced, does not constitute
a degree of variation which could be considered a rezoning or other amendment of the
zoning code, and does 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 findings of fact, based upon the information presented
in the application and during the Public Hearing, in order to approve a coastal
development permit:
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1. 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.
Facts:. The project site lies within the coastal zone boundaries. Because this proposal
involves a discretionary application, a Coastal Development Permit is required and
required findings must be made.
Discussion: The proposed project involves construction of a single-family residence.
The project is consistent with the policies contained in the Encinitas Local Coastal
Program and General Plan. There are no adverse impacts to the environment
associated with the small residence.
Conclusion: The City's General Plan and Municipal Code are applicable components
of the City's Local Coastal Plan. The subject zoning is R-5 which permits single-
family dwellings. No aspect of the project has been identified which could have an
adverse impact on coastal resources or any natural resource. 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 and that required finding #2 is not applicable
because no significant adverse impact is associated with the project. Finding #3 is not
applicable because the subject site is not between the sea or other body of water and the
nearest public road.
The project is found to be exempt from Environmental Review, as per CEQA Guidelines
Section 15303.
This approval is based upon the following conditions:
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SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on July 17, 2003, 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 plans
dated received by the City of Encinitas on April 17, 2001, 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 CONDITION(S):
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.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this
grant of approval and shall be of a form and content satisfactory to the Community
Development Director.
G5 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.
B 1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 The applicant shall submit a complete set of construction plans to the Building
Division for plancheck processing. The submittal shall include a Soils/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). Commercial and Multi-
residential construction must also contain details and notes to show compliance with
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State disabled accessibility mandates. 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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION (S):
F3 ACCESS ROADWAY WHEN AUTOMATIC FIRE SPRINKLER SYSTEMS
INSTALLED: A fire access roadway providing access to not more than four (4)
single family dwellings shall not be less than 16 feet in paved width with an
unobstructed vertical clearance of not less than 13 feet 6 inches.
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.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY:
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 address numbers with height conforming to Fire Department standards
shall be affixed to this marker.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS
AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler
system installed to the satisfaction of the Fire Department. Plans for the automatic
fire sprinkler system shall be approved by the Fire Department prior to issuance of
building permits.
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):
E2 All City Codes, regulations, and policies in effect at the time of building/grading
permit issuance shall apply.
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ED3 A drainage system capable of handling and disposing of all surface water originating
within the subdivision, and all surface waters that may flow onto the subdivision from
adjacent lands, shall be required. Said drainage system shall include any easements
and structures as required by the Engineering Services Director to properly handle the
drainage.
ED5 The developer shall pay the current local drainage area fee prior to approval of the final
map 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.
ES5 Prior to any work being performed in the public right-of-way, a right-of-way
construction permit shall be obtained from the Engineering Services Director and
appropriate fees paid, in addition to any other permits required.
EU2 The developer shall comply with all the rules, regulations and design requirements of
the respective utility agencies regarding services to the project.
ESC 1 Prior to issuance of the building permit the applicant shall prepare and submit plans for
on-site drainage improvements.
ESC2 Provide a minimum 16' wide driveway access and private utility easement through
A.P.N. 254-162-01. The access easement shall be set aside for the benefit of A.P.N.
254-162-02.
ESC3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the
City Council within fifteen (15) calendar days of the date of this determination. 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, or other agencies. It is the property owner's responsibility to obtain all necessary
permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Chris Miller at the
Community Development Department by telephoning (760) 633-2718.
Sandra Holder
Community Development Director
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