1991-22
RESOLUTION NO. L-91-22
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT AND VARIANCE,
AND CERTIFICATION OF THE NEGATIVE DECLARATION FOR PROPERTY
BEING LOT 21, BLOCK 2, SOUTH COAST PARK 14,
MAP 2049, COUNTY OF SAN DIEGO, JULY 26, 1927
AND AS FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
FOR PROPERTY LOCATED AT 175 JUPITER STREET
(CASE NO. 91-087-DR/V/EIA)
WHEREAS, Herbert Jacobs, applied for a Design Review Permit,
Variance and Environmental Review as required per Chapter 23.08
Design Review, Chapter 30.78 Variances, and Chapter 30.16
Residential Zones of the City of Encinitas Zoning Ordinance, for a
5-unit residential project on an existing .53 acre lot in the R-11
Zone, for the structures to exceed the standard height limit of 22'
for a flat roof for Unit D & E by 6", unit C by 3", and units A &
B by 9"; for a front yard setback variance to allow the two front
units (Units A and B) to encroach into the required 20' front yard
setback by 5', for a 15' front setback; and for the proj ect to
exceed mid-range density by .1 of a unit, for property located at
175 Jupiter Street; and
WHEREAS, public hearings were conducted on the application by
the Leucadia Community Advisory Board on August 22, October 24, and
November 21, 1991 and all persons desiring to be heard were heard;
and
WHEREAS, evidence was submitted and considered to include
without limitation:
a. site plans, floor plans, elevations and landscape plans
dated November 11, 1991 and submitted by the applicant;
b. Written information submitted with the application;
DL/03/CRO10-876wp51 (12-12-91)
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. CAB staff reports (91-087-DR/V/EIA) August 15, October
14, and November 15, 1991, which are on file in the
Department of Planning and Community Development; and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Design Review
Permit is hereby approved subject to the following Design Review
findings:
A. The project design is consistent with the General Plan,
a Specific Plan or the provisions of the Municipal Code.
Evidence:
The design of the project as reviewed by the Leucadia
Communi ty Advisory Board is consistent with the City of
Encinitas General Plan, Design Review Ordinance and the Zoning
Code, in land use allowing for residential uses such as this
in the R-11 Zone.
B. The project is consistent with the Design Review
Guidelines.
Evidence:
The project was reviewed by the Leucadia Community Advisory
Board and was modified to be in conformance with the City of
Encinitas Design Review Guidelines.
C. The project would not adversely affect the health, safety
or general welfare of the community.
Evidence:
The project would not adversely affect the health, safety or
general welfare of the community since the project has all
required utility connection approvals and will be developed
within City standards.
D. The project would not cause the surrounding neighborhood
to depreciate materially in appearance or value.
DL/03/CRO10-876wp51 (12-12-91)
Evidence:
The proposal reflects a compatible level of design appearance
in conformance with the Design Review Guidelines and Design
Review Ordinance and is compatible with the design and bulk
and mass of other residential development in the neighborhood.
Additionally, the proposed design incorporates a high quality
of design materials and landscaping and will not be materially
detrimental to surrounding properties in this respect.
E. The proposed project is in conformance with section
23.08.74 of the Design Review Ordinance, Design and site
Layout, since the project has provided for adequate traffic
circulation on-site and safe access to the existing streets
adjacent to the site, adequate size, location and number of
parking spaces since three per unit are available, and allowed
for some view preservation through the site.
F . The proposed proj ect is in conformance with Section
23.08.76 of the Design Review Ordinance, Building Design,
since the exterior materials for the project have been
coordinated to be compatible with each other and the existing
buildings on the site, the proposed structures are preserving
some significant views to the extent possible, and the size
proposed for the structures is comparable and even smaller
than the existing duplexes in the neighborhood.
G. The proposed project is in conformance with section
23.08.077 of the Design Review Ordinance, Landscape Design,
since the landscaping proposed will help create a more
inviting appearance for property, some privacy for the
property and surrounding properties, and heights of
landscaping is being monitored by requiring species that will
not extend above the roofs of the structures in an effort to
maintain some views through the project.
H. The proposed project is in conformance with section
23.08.079 of the Design Review Ordinance, Privacy and
Security, since the project has been designed to observe fire
safety regulations, and the landscaping helps maintain the
privacy for the project and for surrounding properties.
I. The project is approved to exceed mid-range density by .1
dwelling unit since the applicant will be undergrounding
overhead power lines along the project northern boundary, and
additionally, continuing westerly from the project to the
intersection of Jupiter and Neptune, which was determined by
the Leucadia Community Advisory Board to be considerable
additional public benefit to be allowed to exceed mid-range by
.1 unit; and the minimum lot size for mid-range is 4585 sq.
ft. and the project will be allowing for 4520 sq. ft. each,
DL/03/CRO10-876wp51 (12-12-91)
which equates to 65 sq. ft. of lot area less per unit or a
total of 325 sq. ft. less on the project from the required
mid-range lot size, which was determined by the Leucadia
Community Advisory Board to be adequately off-set by the
undergrounding being offered. Additionally, the project as
designed exceeds development standards for site design, view
corridors, usable lot area, lot coverage, required
landscaping, Floor Area Ratio and bulk and mass better than a
project of 4 units that may be built to the maximum standards.
Comparison evidence is on file in the office of Planning and
Community Development.
J. The structures exceed the standard height limit of 22'
for a flat roof for Unit D & E by 6", unit C by 3", and units
A & B by 9". It was determined by the Leucadia Community
Advisory Board that the project as designed is approved to
exceed the standard height limit since the portion of the
building outside of the standard envelope maintains some of
the significant views enjoyed by residents of nearby
properties, and the buildings are compatible in bulk and mass
with the buildings on neighboring properties.
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that the Variance to allow a 15'
front yard setback for building A and B is hereby approved subject
to the following additional findings:
A. A variance from the terms of the zoning ordinances shall
be granted only when, because of the special
circumstances applicable to the property, including
sizes, shape, topography, location or surroundings, the
strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence:
Special circumstances applicable to the property include
its location with reference to the placement of the
existing structure on the property to the west which due
to the change in setback requirements would cause a
significant loss of ocean views for the subject property
if the subject property were required to conform to
current setback requirements which are considerably
greater, thereby depriving the applicant of privileges
(ocean views) enjoyed by other property within the same
Zoning District.
DL/03/CRO10-876wp51 (12-12-91)
B. Any variance granted shall be subject to such conditio~s
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 vicini ty and zone in which such property is
situated.
Evidence:
The project is conditioned to satisfy all other
development standards of City Code. The granting of the
variance would not grant a special privilege since
existing dwellings maintain as much ocean views as
possible on their respective sites.
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. The provisions of this section
shall not apply to conditional use permits.
Evidence:
Residential use is permitted within the Residential 11
(R-11) Zone District, and this is what is proposed for
the project.
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.
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; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence
The Variance Request is minimal and does not constitute
a rezoning, or nuisance. An alternate plan could be
proposed, however, there would be loss of significant
ocean view, which is an amenity that is maintained by
DL/03/CRO10-876wp51 (12-12-91)
other properties in the neighborhood, and there would be
more impact of a redesign not needing the variance due to
the increase of bulk and mass, loss of some open space,
less creativity of design, and loss of landscaping.
BE IT ALSO RESOLVED THAT the design review permit and variance
are approved and the Negative Declaration herein certified subject
to the following conditions:
A. STANDARD CONDITIONS
1. This approval will expire on November 21, 1993, at 5:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
2. This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
3. Prior to issuance of a building permit the applicant
shall submit a letter from the Fire District stating that
all plan review fees have been paid.
4. The Design Review and Variance are approved as shown on
the site plans, floor plans, elevations and landscape
plans dated November 11, 1991 and submitted by the
applicant and any changes to the plan shall be reviewed
and approved by the Community Advisory Board.
5. The property owner shall call the Department of Planning
and Community Development at least 2 weeks prior to
requesting final field approval for the design review of
the structures and the landscaping in order to schedule
the final inspection.
6. The landscaping on the east and west sides of the access
driveways shall be a maximum 3' in height for a distance
of 6' in order to maintain visual access of oncoming
pedestrian or vehicular traffic for any vehicle leaving
the site.
7. All recommendations contained in the Barry and Associates
Geotechnical report dated May 17, 1991, prepared for the
project, shall be adhered to.
DL/03/CRO10-876wp51 (12-12-91)
B. Fire Condition:
1. ACCESS ROADWAYS: The clear and unobstructed paved width
of a fire access roadway shall not be less than twenty-
four (24') feet. EXCEPTION: A roadway providing access
to a single family residence shall not be less than
sixteen (16') feet in paved width.
2. GATES: All automatic gates across fire access roadways
shall be equipped with an approved emergency key operated
switch that will override all command functions and open
the gate. Gates accessing four or more residences or
residential lots residences or residential lots shall
also be equipped with emergency traffic control
activating strobe sensor(s) , which will activate and open
the gate on the approach of emergency apparatus. All
automatic gates must meet Fire Department policies deemed
necessary by the Chief for rapid, reliable access.
3. POSTING OF ROADWAYS: Emergency Access roadways when
required shall be posted per department standards.
4. OBSTRUCTIONS: All traffic lanes shall be a minimum of
twenty-four (24') feet wide during construction and shall
be maintained clear and free of obstructions during
construction in accordance with Fire District Policy.
5. ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure. The
height of numbers shall conform to Fire District
Standards. 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 numbers shall be affixed to this marker.
6. AUTOMATIC FIRE SPRINKLER SYSTEM: Structure(s) shall be
protected by an automatic fire sprinkler system.
Sprinkler systems shall be installed to the satisfaction
of the Fire District.
7. RECORDATION: Prior to final recordation or development
approval, the applicant shall submit to the Planning
department a letter from the Fire District stating that
all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the
Fire District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
DL/03/CRO10-876wp51 (12-12-91)
C. Grading Conditions:
1. No grading permits shall be issued for this subdivision
prior to recordation of the final map.
2. The developer shall obtain a grading permit period to the
commencement of any clearing or grading of the site.
3. 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 with Chapter 23.24 of
the Encinitas Municipal Code.
4. No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
5. A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the City limits.
6. A soils/geolo.gical/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.
7. Prior to hauling dirt 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.
D. Draininq Conditions
1. 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 City Engineer.
2. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
DL/03/CRO10-876wp51 (12-12-91)
E. street Conditions
1. The developer shall make an offer of dedication to the
City for all public streets and easements required by
these conditions or shown on the SITE DEVELOPMENT PLAN.
The offer shall be made PRIOR TO ISSUANCE OF ANY BUILDING
PERMIT) for this project. All land so offered shall be
granted to the City free and clear of all liens and
encumbrances and without cost to the City. streets that
are already public are not required to be rededicated.
2. Five feet shall be dedicated by the developer along the
subdivision frontage based on a center line to right-of-
way width of 25 feet and in conformance with City of
Encinitas Standards.
3. Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof to
the satisfaction of the Director of Public Works.
4. The developer shall obtain the City Engineer's approval
of the project improvement plans and enter into a secured
agreement with the City for completion of said
improvements prior to issuance of any building permit
within this project. The improvements shall be
constructed and accepted for maintenance by the City
Council prior to occupancy of any building permit fpr any
unit within the project. The improvements are:
Half-section (18 feet A.C. from centerline, curb and
sidewalk) of Jupiter Street along frontage.
5. A clear space from the garage door to the back edge of
the sidewalk shall be 20 feet for unit "A".
F. utilities
1. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
2. The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone, Cable TV authorities and
all other utilities.
3. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
DL/03/CRO10-876wp51 (12-12-91)
4. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
PASSED AND ADOPTED this 21st day of November, 1991, by the
following vote, to wit:
AYES: Boardmember Jacobson, Allen, Eldon, Buck and Cameron
NAYS: None
ABSENT: None / \
ABSTAIN: None ~'-.
ALICE JACOBSON,
Leucadia Commu
ATTESTS:
, LÞ/~~
DIANE LAN GAG
Assistant Plann
.
DL/03/CRO10-876wp51 (12-12-91)