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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)