1990-01
RESOLUTION NO. L-90-01 c;eG L. 90-~7
~ fA,CG& Ctff r ~
A RESOLUTION OF THE LEUCADIA 1I~'a....
COMMUNITY ADVISORY BOARD DENYING A VARIANCE ~
8 TO ALLOW A SINGLE FAMILY RESIDENCE TO ENCROACH
INTO THE REQUIRED TWENTY FOOT FRONT YARD SETBACK AND ~-/~-r(
INTO THE REQUIRED 5' SIDE YARD SETBACK AND
APPROVING A REQUEST ALLOWING A PORTION OF THE SECOND
STORY ROOF, 18" X 10', TO BE CONSTRUCTED TO A HEIGHT
OF 23'6" AND THAT THE CHIMNEY STACK BE BUILT TO A HEIGHT
OF 27'6" FOR THE CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE LOCATED AT ~ NEPTUNE AVENUE
1'5&7
(CASE NO. 89-215 DR/V)
WHEREAS, a request for consideration of a Variance for the
structure and the front landing and stairs to encroach 10 feet into
the required front yard setback and for the structure to encroach
2' into the required 5' side yard setback, and for Design Review
approval to exceed the maximum building height envelope was filed
by Herbert H. Jacobs to allow the construction of a single family
residence as per Chapter 30.78 of the City of Encinitas Zoning
Code, for the property located at 1365 Neptune Avenue, legally
described as:
Lot 23 in Block 2 of SOUTH COAST PARK number 4 according to
Map thereof No. 2049, filed in the Office of the County
Recorder of said County.
8 WHEREAS, a public hearing was conducted on the application,
January 4, 1990, and all persons desiring to be heard were heard:
and
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff reports dated December 18, 1989;
2. The General Plan, Local Coastal Program, Zoning Code and
maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. documentation and site plans submitted by the applicant;
and
WHEREAS, the Leucadia Community Advisory Board could not make
the required findings to approve a Variance pursuant to section
30.78 of the Zoning Code (see Attachment "A").
WHEREAS, the Leucadia Community Advisory Board made the
required Design Review findings pursuant to section
30.16.010(B) (7) (b) of the Zoning Code (see Attachment "B").
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Design Review
8 Application is hereby approved subject to the following conditions:
JJjjmjCRO4-442wp51(1-5-89\3)
(See Attachment "C").
8 PASSED AND ADOPTED this 4th day of January, 1990, by the
following vote, to wit:
AYES: Locko, Kaden, Shur, Harwood, Eldon
NAYS: None
ABSENT: None
ABSTAIN: None
8
8 JJjjm/CRO4-442wp52(1-5-89\3)
CASE NO. 89-215 DRjV
ATTACHMENT "A"
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-01
Findings for a Variance
(Section 30.78.030 Municipal Code)
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 size, shape, topography,
location or surroundings, the strict application of the zoning
ordinance deprives such property of privilege enjoyed by other
property in the vicinity and under identical zoning
classification.
Evidence: The subject lot is 50' x 120' for a total of 6,000
square feet. The minimum lot size in the R-11 zone is 3,950.
The subject property is obviously well above the minimum lot
size. The lot is gently sloping with a gradient of less than
10%. There are no unique topographic features.
The privilege enjoyed by other properties in the zoning
district is the ability to build a single family residence,
8 not to encroach into the setbacks without a variance. The
applicant retains the ability to construct a single family
residence without the variance.
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 privilege inconsistent with the
limitations upon other properties in the vicinity and zone in
which such property is situated.
Evidence: The special privilege which would be granted if
this variance were approved involves allowing the applicant
to build within the required setback when his neighbors did
not exercise that option but rather built as required.
Granted, the irrevocable offer of dedication has changed the
situation somewhat but does not so impact the property that
the applicant is precluded from building a single family
residence and garage.
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.
8 Evidence: The granting of this variance would not authorize
JJjjmjCRO4-442wp53(1-5-89\3)
a use or activity not expressly authorized by the zoning
regulation governing this property.
8 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
varlance.
(2) Is self-induce 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:
(1) There are no physical limitations evident on this site
which requires building encroachment into the required
setback. An alternative development plan providing the
full setback is feasible and practicable.
(2) This request is viewed as being self-induced as the owner
8 is choosing this particular development plan. Again,
there are no physical constraints or uniqueness of the
property requiring a variance.
(3) The variance, if granted, would not constitute a rezoning
or other amendment to the zoning code.
(4) The variance, if granted, would not authorize or legalize
the maintenance of any private or public easement.
8 JJjjm/CRO4-442wp54(1-5-89\3)
CASE NO. 89-215 DRjV
ATTACHMENT "B"
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-01
Design Review Findings to Exceed Maximum Building Envelope
(Section 30.16.010(B) (7) (c)
A. That the portion of the building outside of the standard
envelope maintains some of the significant views enjoyed by
residents of nearby properties.
Evidence: The intrusion made by the roof and chimney stack
into the view corridors are minimal. Given the size of the
penetration into the standard height envelope, most, not some,
of the significant views enjoyed by the neighboring properties
will be retained. The building's stepped back design appears
to effectively consider neighboring view.
B. That the building is compatible in bulk and mass with
buildings on neighboring properties.
Evidence: The proposed structure is actually considerably
smaller in terms of bulk and mass than the two existing
properties on and either side. The building will be between
8 7' and 9' lower in elevation than those structures. Of a
possible .6 FAR in this zone, the designer has utilized a FAR
of .475.
8 JJjjmjCRO4-442wp55(1-5-89\3)
CASE NO. 89-215 DRjV
ATTACHMENT "C"
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-01
1. GENERAL CONDITIONS
A. This approval will expire in two years, on January 4,
1992, at 5:00 p.m. unless the conditions have been met
or an extension has been approved by the Authorized
Agency.
B. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
C. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
and effect, each and every license and permit required
by a governmental agency for the operation of the
authorized activity.
D. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit.
8 E. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this permit.
F. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit.
G. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
H. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
I. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
8 JJjjm/CRO4-442wp56(1-5-89\3)
applicable city Ordinances in effect at the time of
8 Building Permit issuance unless specif ically waived here.
The applicant shall comply with the latest adopted
J.
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance unless
specifically waived here.
K. This approval shall become null and void if building
permits are not issued for this project within two years
from the date of project approval. If the applicant is
not able to obtain building permits due to a growth
management program within the two year period, this
approval may be extended by the Director of Planning and
Community Development to allow for the issuance of
building permits.
L. Permits from other agencies will be required as follows:
a. Coastal Commission
M. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed surveyor
or a registered civil engineer verifying the building
height is in compliance with the design review permit.
8 N. Although the Zoning Ordinance may define certain building
heights as two story structures, the Uniform Building
Code may define the structure as a three story building
requiring an additional exit or other improvements.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. site shall be developed in accordance with the approved
site plans which are dated July 11, 1989 and signed as
approved on January 4, 1990 by Community Advisory Board
and which are on file in the Planning and Community
Development Department in accordance with the conditions
contained herein. said site plan is approved subject to
the following modifications:
a. structure to be built without any building
encroachment into any required yard.
B. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized agency
pursuant to Design Review unless written information is
8 provided by the postal service to state otherwise.
JJjjmjCRO4-442wp5 7(1-5-89\3)
C. Prior to any use of the project site or business
8 activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and community
Development.
D. For new residential dwelling unit (s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be paid prior to:
a. Building permit issuance.
as deemed necessary by the appropriate agency.
E. site plan, building elevations, materials and color are
approved as submitted, subject to the following
modifications:
a. No building encroachment into any required yard.
F. Revised plans reflecting these modifications shall be
submitted to the Planning and Community Development
Department prior to submittal in plan check.
8 G. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
H. A plan shall be submitted for approval by the Director
of Planning and Community Development and the Encinitas
Fire Department regarding the security treatment of the
site during the construction phase, the on- and off-site
circulation and parking of construction workers' vehicles
and any heavy equipment needed for the construction of
the project.
3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. FIRE
A. Numbers shall be clearly visible from the street fronting
the structure. Where structures are located off a
8 JJjjmjCRO4-442WP58(1-5-89\3)
roadway on long driveways, a monument shall be placed at
8 the entrance where the driveway intersects the main
roadway. Address numbers shall be displayed on this
monument.
B. structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
C. Prior to approval of building permits the applicant shall
submit a letter from the Fire District stating that all
project review fees have been paid.
5. BUILDING
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
B. Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
C. Existing sewage disposal facilities shall be removed,
filled and/or capped to comply with appropriate grading
practices and the Uniform Plumbing Code.
8 D. Prior to the building department approving the connection
to the buildings to the private sewer or water systems
located in the private right of way, the civil engineer
responsible for the design and the inspector responsible
for the system inspection must certify in writing to the
Director of Public Works that the sewer and/or water
systems were designed and constructed in accordance with
the utility district or agency standards for public
systems.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. GRADING
A. Grading of the subject property is defined by Chapter
23.24 of the Encinitas Municipal Code. Grading shall be
performed under the observation of a registered 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.
8 JJ/jm/CRO4-442wp59(1-5-89\3)
8 B. A soils/geological/hydrolic 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.
C. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
D. The owner of the subject property shall execute a hold
harmless covenant regarding drainage across the adjacent
property prior to approval of the Building Permit for
this project.
7. STREETS AND SIDEWALKS
A. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 10 feet along Neptune Avenue adjacent to the property
for public right of way purposes.
The developer shall make an offer of dedication to the
City for all public streets and easements required by
these conditions. All land so offered shall be granted
to the City free and clear of all liens and encumbrances
and without cost to the City.
B. Developer shall execute and record a covenant with the
8 County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right
of way improvements.
8. DRAINAGE AND FLOOD CONTROL
A. A drainage system capable of handling and disposing of
all surface water originating within the project, and
all surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required
by the Director of Public Works to properly handle the
drainage.
B. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
C. The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/
detention basins of type, size and location as approved
by the City Engineer. The basin and erosion control
measures shall be shown and specified on the grading plan
and shall be constructed to the satisfaction of the City
8 Engineer prior to the start of any other grading
JJ/jm/CRO4-442wp510(1-5-89\3)
operations.
8 APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
9. UTILITIES
A. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, Cable TV authorities and
other applicable utilities.
B. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
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8 JJ/jm/CRO4-442wp511(1-5-89\3)
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