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1990-27 . - RESOLUTION NO. L-90-27 8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A VARIANCE TO ALLOW A SINGLE FAMILY RESIDENCE TO ENCROACH INTO THE REQUIRED TWENTY FOOT FRONT YARD SETBACK AND INTO THE REQUIRED 5' SIDE YARD SETBACK LOCATED AT 1365 NEPTUNE AVENUE (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, 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. WHEREAS, a public hearing was conducted on the application, March 8, 1990, and all persons desiring to be heard were heard: and 8 WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff reports dated February 28, 1990; 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 make the required findings to approve a Variance pursuant to Section 30.78 of the Zoning Code (see Attachment "A"). NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Variance Application is hereby approved subject to the following conditions: (See Attachment "B"). 8 JJ/05/CRO8-665wp51(9-20-90-2) . PASSED AND ADOPTED this 8th day of March, 1990, by the 8 following vote, to wit: AYES: Locko, Kaden, Shur, Jacobson, Eldon NAYS: None ABSENT: None ABSTAIN: None ~~L Allen Shur, Chairperson of the Leucadia Community Advisory Board 8 8 JJ/05/CRO8-665wp52(9-20-90-2) CASE NO. 89-215 DR/V 8 ATTACHMENT nAil LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-27 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 location of the project site is opposite the ocean bluff with its front facing west toward the ocean. A large duplex lies to the west. The duplex would detract from the ocean view of the subject property. with the duplex partially blocking the view straight ahead (due west), the views to the northwest and southwest become more important. 8 If the proposed building were set back the required distance, these lateral view areas would be diminished by the presence of the existing buildings on either side of the subject lot. These two existing structures, built under different regulatory criteria, were allowed to have their front building line 10' closer to the street than construction by today's standards. This 10 foot differential is viewed as creating a tunnel situation which would diminish the subject property's lateral viewshed. Other properties along Neptune Avenue have used the same front building line that is being proposed for this project. 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 granting of this variance does not constitute the grant of special privilege as the applicant is being allowed to use the same front building line as many other properties along Neptune Avenue. Using this building line, the applicant is afforded view corridors which are similar to other properties in the area. 8 JJ/05/CRO8-665wp53(9-20-90-2) C. A variance will not be granted for a parcel of property which 8 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: The granting of this variance would not authorize a use or activity not expressly authorized by the zoning regulation governing this 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: (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-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. 8 Evidence: (1) Given the unique siting characteristics of the property and existing adjacent development an alternative development plan providing the full setback is not feasible nor practicable. (2) This request is not viewed as being self-induced as the location and siting of adjoining structures was beyond the control of the applicant. (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 JJ/05/CRO8-665wp54(9-20-90-2) CASE NO. 89-215 DR/V 8 ATTACHMENT nBn LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-27 1. GENERAL CONDITIONS A. This approval will expire in two years, on March 8,1992, 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 8 which is the subject of this permit. 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. 8 JJ/05/CRO8-665wp55(9-20-90-2) 8 1. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. J. The applicant shall comply with the latest adopted 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 8 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. 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 March 8, 1990 by Community Advisory Board and which are on file in the Planning and Community Development Department in accordance with the conditions contained herein. 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 JJ/05/CRO8-665wp56(9-20-90-2) 8 provided by the postal service to state otherwise. C. Prior to any use of the project site or business 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 as deemed necessary by the appropriate agency. E. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. F. 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 8 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 roadway on long driveways, a monument shall be placed at 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. 8 JJ/05/CRO8-665wp57(9-20-90-2) 8 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. 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 8 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. B. A soils/geological/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. C. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 8 JJ/05/CRO8-665wp58(9-20-90-2) 8 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 (1. 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 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 8 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 proj ect to prevent any offsi te 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 Engineer prior to the start of any other grading operations. 8 JJ/05/CRO8-665wp59(9-20-90-2) . 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. 8 8 JJ/05/CRO8-665wp510(9-20-90-2)