1995-055CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-95-055
September 12, 1995
This letter is to inform you that the Director
Development has approved your application for:
95-214 V (Sistrunk) - Minor Variance request
addition to an existing single family dwelling to
into the required 25 ft. front yard setback,
located at 1818 Playa Riviera (APN 260-515-05).
Project Description and Discussion:
of Community
to allow an
encroach 5 ft.
for property
The request -seeks a variance to allow an addition to an existing
single family dwelling to encroach 5 ft. into the required 25 ft.
front yard setback in the R-8 Zone. The applicant proposes to
construct a two-story building, consisting of an accessory apartment
with a garage / workshop below. The subject parcel has an irregular
shape, resulting from the location of a sewer easement and "man-
hole", creating a restrictive building envelope.
This approval is based upon the following findings pursuant to
section 30.78 of the City of Encinitas Municipal Code:
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.
Conclusion: The shape of the subject property deprives the
property owner of a reasonable building envelope compared
to other properties in the area. The rear yard area of the
subject property is restricted in usable space, given the
atypically shallow lot depth of approximately 100 ft. and
the atypically narrow rear yard of approximately 50 ft.
Typical lot depth on Playa Riviera is approximately 130
ft., and typical rear yard widths are approximately 65 ft.
The existing building is located approximately 4 ft. from
the rear yard setback, leaving no building envelope
available in this area.
JK/95214V.DEC (9-12-95) 1
These conditions dictate that any addition of living space
on the ground floor level (the existing dwelling is a
single story building) must occur to the north of the
existing building, which is the only remaining site area
available with a significant amount of building envelope.
This portion of the property is impacted with the angular
projection of a sewer easement. No development may occur
within this easement. The proposed building abuts this
easement and is proposed to project easterly to within 20
ft. of the front setback, encroaching 5 ft. into the 25 ft.
setback. The proposed addition is 22 ft. deep; if the
building were reduced 5 ft. to conform with the setback, a
building of 17 ft. in depth (at both the lower and upper
levels) would result. The applicant states and staff
concurs that this would constitute a building of limited
utility, and that the site circumstances constitute a
hardship warranting the approval of the variance.
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
limitations upon other properties in the same vicinity and zone
in which property is situated.
Conclusion: The variance will not constitute a grant of
special privileges since the project will allow an addition
to a single family home which would typically be allowed by
most surrounding properties without the necessity of a
variance. The addition proposed by the applicant, if
constructed without the need for a setback variance, would
be permitted by-right, and similar additions could be
pursued by surrounding properties.
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 proposed residential use will be
consistent with the existing R-8 Zoning.
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;
JK/95214V.DEC (9-12-95) 2
2. Is self-induced as a result of an action taken by
the property owner or the owners 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.
1. Conclusion: As discussed above, the lot size and shape
render a relatively constrained building envelope, with the
only available development space situated in area of the
proposed addition. The existing building envelope, at 17
ft. deep in the project area, does not reasonably leave the
flexibility for an addition without reliance upon a
variance. No other location on site is available for any
addition.
2. Conclusion: The inherent site conditions, as discussed
above, preclude any reasonable alternate development plan,
since the developable area is atypically constrained.
3. Conclusion: The variance would not constitute a rezoning
or other amendment to the zoning code since the residential
use would be consistent with the zoning code.
4. Conclusion: The variance would not legalize the
maintenance of any public or private nuisance.
E. Accessory Unit - Section 30.48.040-W of the Municipal Code
permits accessory living units in accordance with development
standards:
1. On parcels zoned for residential single family dwellings as
a permitted use, one attached or detached accessory unit may be
constructed. Attached and detached units shall be permitted by
right.
Conclusion: The subject site is zoned residential single
family (R-8), and contains one single family dwelling.
2. Attached and detached accessory units must maintain the
general character of a single family residential neighborhood,
and maintain the character as a single family dwelling as
determined by the Director. Architectural design, building
materials, and exterior colors shall be compatible with the
principal residence.
Conclusion: The project proposes an accessory unit
attached to an existing single family dwelling. The
project site is a corner lot, with the accessory unit
proposed to be situated in the front portion of the
JK/95214V.DEC (9-12-95) 3
property. Given this location, the accessory unit will be
visually prominent, and care must be taken to ensure that
the property does not assume a "duplex" appearance.
Staff has worked with the applicant for some time, and
expressed concern that, in order to maintain a "single-
family" appearance, the accessory unit not 1) be detached
from the main unit, and 2) that the accessory unit not have
exterior access stairs prominently visible from the street.
Staff determines that these concerns have been addressed
with the project plans, and that the project maintains a
single-family appearance to an acceptable degree. The
accessory unit is attached to the main dwelling, with
building walls and roof mass which are well integrated.
The stairs which access the upper unit are substantially
screened with a trellis. The project proposes a
combination 3 1/2 ft. solid wall and a 2 1/2 ft. upper
lattice screen around the entire exterior perimeter of the
property. Additionally, the project proposes landscaping
adjacent to the wall. This wall / landscaping element will
aid in screening the building and the additional garage
door proposed for the lower garage addition. Condition no.
5 below requires that this wall and landscaping be
installed prior to final inspection.
3. Maximum living area of an accessory unit shall not exceed
750 square feet or 30 percent of the living area of the
principal residence, whichever is less. An accessory unit of
400 square feet is permitted regardless of the living area of
the principal residence.
Conclusion: The primary residence is 1884 sq. ft., which
would allow an accessory apartment of 565 sq. ft. The
applicant proposes an apartment of approximately 526 sq ft.
4. Accessory units shall meet main building setbacks, standard
height limits, lot coverage, floor area ratio, and other
requirements for residential zones.
Conclusion: The project meets all development standards,
with the exception of the front yard setback, which is the
subject of this request. Compliance with development
standards has been checked with this review, and will be
verified at building permit plan check.
5. One off-street parking space shall be provided for the
second unit in addition to any off-street parking requirements
for the principal unit. The primary unit may utilize tandem
parking, and the parking space for the accessory unit may be
located in the required front yard.
JK/95214V.DEC (9-12-95) 4
Conclusion: The site plan provides adequate parking for
the accessory unit, with two driveway areas (in front yard
setback) available.
6. Properties currently served by a septic system shall be
required to connect into the sewer system provided a sewer line
exists in the street or alley immediately adjacent to the
property.
Conclusion: Condition no. 3 below requires that the
accessory unit connect to the sewer system.
7. Accessory units shall be used as a dwelling unit only, and
no businesses other than home occupations shall be conducted
from or in the second unit.
Conclusion: This regulation is recorded as part of this
approval in the form of a covenant.
8. Accessory units shall be permitted on a lot or parcel
having a guest house or accessory living quarters. (Conversion
of such quarters into an accessory unit is permitted provided
all zoning and building code requirements are met.) However,
only one detached accessory structure for residential occupancy
is permitted.
Conclusion: The property contains no existing guest house.
9. Prior to issuance of a building permit for an accessory
unit, a covenant shall be recorded between the owner and the
City of Encinitas agreeing to the terms stipulated in this
ordinance.
Conclusion: Condition no. 4 below requires that this
notice of approval be recorded in the form of an covenant.
E. The project is found to be exempt from Environmental Review, as
per CEQA Section 15301 (e).
F. The project is found to be exempt from coastal permitting, as
per Section 30.80.050-A of the Municipal Code.
This approval is based upon the following conditions.
1. The building permit applicable for the Variance shall conform to
the application submitted to the City and dated received on
August 21, 1995, and shall not be modified without prior City
approval.
2. This Variance approval shall be valid for two years after the
date of this approval. A building permit application must be
JK/95214V.DEC (9-12-95) 5
06-93 30.48.040W
submitted prior to September 12, 1997, unless an extension is
approved.
3. The accessory apartment shall connect to the sewer system prior
to final inspection.
4. Prior to the issuance of a building permit for the structure,
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.
5. All landscaping elements as shown on the approved plot plan
shall be installed prior to final inspection.
6. The accessory apartment shall not exceed a ratio of 300 of the
size of the main dwelling.
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 Jim Kennedy at the Community Development Department by
telephoning (619) 633-2715.
Sandra Holder
Community Development Director
JK/95214V.DEC (9-12-95) 6