1988-26
STANDARD RESOLUTION NO. L88-26
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS, APPROVING
A DESIGN REVIEW AND VARIANCE TO ALLOW
A DUPLEX RESIDENTIAL STRUCTURE ON A BLUFF LOT
LOCATED AT 574 NEPTUNE AVENUE
(CASE NUMBER 87-053 DR/V/EIA)
WHEREAS, a request for consideration of a Design Review, a
Variance to reduce the required front yard setback from 40 feet to
30 feet, and a Negative Declaration of Environmental Impact was
filed by Maxine McAllister to allow for a duplex residential
structure on a bluff lot as per Chapters 23.08 and 30.78 of the
City of Encinitas Municipal and Zoning Codes, for the property
located at 574 Neptune Avenue, also known as assessor's parcel
number 256-084-06, legally described as;
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application on
April 14, May 26, June 16, and September 29, 1988; and
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated April 11, May 10, June 10 and
September 22, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
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5. The proposed General Plan, Local Coastal Program, Zoning
Code and maps.
WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to the Municipal and Zoning Codes:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 87-053
DR/V/EIA is hereby approved subject to the following conditions:
SEE ATTACHMENT "C"
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that:
This project will not have a significant effect on the
environment and a Negative Declaration is hereby certified,
pursuant to the California Environmental Quality Act (CEQA).
PASSED AND ADOPTED this 29th day of September, 1988, by the
following vote, to wit:
AYES: Eldon, Goldstein, Reed
NAYS: Dean
ABSENT: Harwood 1rtJ ~
Micha I Goldstein,
Chairman of the Leucadia
Community Advisory Board
of the City of Encinitas
ATTEST:
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ATTACHMENT "A"
Parcel 1: Lot 6, Block "E", of South Coast Park No. 3,
according to Map thereof No. 1935, filed in the office of the
County Recorder of San Diego County, August 17, 1926.
Excepting therefrom that portion heretofore or now lying below
the mean high tide of the Pacific Ocean.
Parcel 2: That portion of Block "F" in South Coast Park No.
3, in the County of San Diego, State of California, according
to Map thereof No. 1935, filed in the office of the County
Recorder of San Diego County, August 17, 1926 described as
follows:
Beginning at the Northwesterly corner of Lot 6 in Block "E",
thence Westerly along the Westerly prolongation of the
Northerly line of said Lot 6 to a point on the Easterly line
of that tract of land as conveyed by South Coast Land Company
to the County of San Diego, by deed dated January 10, 1930,
recorded in Book 1731, page 256 of Deeds; thence Southerly
along the said Easterly line of Lot 6 in Block liE"; thence
Easterly along said Westerly prolongation to the Southwest
corner of said Lot 6; thence Northerly along the Westerly Line
of said Lot 6, in said Block "E" to the point of beginning.
EXCEPTING THEREFROM that portion heretofore or now lying below
the mean tide of the Pacific Ocean.
-..'
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ATTACHMENT "B"
I. Findings For Design Review
(Section 23.08.076 Municipal Code)
23.08.072 throuah 23.08.090 Reaulatorv Conclusions
1. The project design is consistent with the General Plan
. . ,
a Spec1f~c Plan or the provisions of this Code.
Evidence to Consider:
The proposed project is consistent with the present RV-
11 Zoning, the #7 Residential designation of the present
General Plan and the R-l1 Residential designation of the
Land Use Policy Map of the City's Draft General Plan as
the use is a residential duplex structure which is
allowed in these districts.
2. The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views enjoyed by
nearby properties to the full extent practical, reflects
an acceptable level of design appearance, takes into
.. consideration the privacy needs of the abutting
residential area, incorporates significant landscaping
into the project, and otherwise substantially conforms
with the City's adopted design criteria.
3. The project will not adversely affect the health, safety
or general welfare of the community.
Evidence to Consider:
A Negative Declaration has been prepared which shows that
no significant impacts have been identified for the
proposed project.
4. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence to Consider:
The proposal reflects an acceptable level of design
appearance and thus will not be materially detrimental
to surrounding properties.
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5. The proposed project is compatible in structural size
(bulk and mass) to adjacent properties as the proposed
structure is two stories and residential in appearance.
6. There is reasonable probability that the land use and
design proposed will be consistent with the General Plan
proposal being considered or studies since the proposed
General Plan is consistent with the currently adopted
General Plan.
7. There is little or no probability of substantial
detriment to or interference with the future adopted
General Plan if the proposed design is ultimately
inconsistent with the plan, since the project is allowed
by the proposed General Plan.
8. The proposed project is in conformance with Section
23.08.074 of the Design Review Ordinance relative to
Design and site Layout as the proposal is to site the
project away from the bluff edge and adjacent to Neptune
Avenue.
9. The proposed project is in conformance with Section
23.08.076 of the Design Review Ordinance relative to
Building Design in that the structure is designed to
blend in with the adjacent structures and incorporate
similar finish materials.
10. The proposed project is in conformance with Section
23.08.077 of the Design Review Ordinance relative to
Landscape Design in that the proposed project is
preserving the naturally vegetated bluff and is proposing
to add several boxed trees adjacent to the proposed
structure.
11. The proposed project design does preserve significant
public views of and through the proposed project to the
extent possible as the structure will be built
approximately 5 feet lower than that allowed by the
building envelope establ ished by the Zoning Code, and
that the Board has determined that some of the
significant views are being maintained for neighboring
properties with the project as designed.
12. The project takes advantage of views and/or protects to
the extent possible, some of the significant views
enjoyed by the residents of nearby properties, since it
is proposed to be constructed in such a location on the
site so as not to block a substantial portion of adjacent
significant views.
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13. The proposed design complies with all other applicable
requ~rements of state law and local ordinances.
II. Pindings for a Variance
(Section 30.78.030 Municinal Code)
14. 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 privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence to Consider:
The applicant's property is physically special and unique
in contrast with other lots in the same vicinity which
are similarly developed with reduced setbacks since it
abuts the coastal bluffs.
That the proposed development will have no significant
impact on the environment as recommended in the
Recommended Finding of Negative Declaration dated April
11, 1988.
That the proposed development meets the intent and
specific standards and criteria prescribed by the Zoning
Ordinance because it treats the coastline as a unique
recreation and scenic resource as well as neither
creating nor contributing significantly to erosion,
geologic instability, or destruction of the site or
surrounding area, or in substantially altering natural
land forms.
That the proposed project to be constructed on this
property will not be subj ect to foundation failure during
its economic life thereof, a period of not less than 75
years, as evidenced by the mitigation measures the
applicant has taken and will take and supported by the
Geologic Investigation performed by Geotechnical
Exploration, Inc. dated August 25, 1988.
15. 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 vicinity and zone in which such property is
situated.
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Evidence to Consider:
The privilege sought by the applicant is not inconsistent
with the limitation upon other properties in the vicinity
and zone and is being enjoyed by owners of property in
the vicinity and under the identical zoning
classification, since other lots in the same vicinity and
zone have been allowed to develop improvements similar
to those as proposed by the applicant on their property.
16. 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 to Consider:
The variance will not be granted for the parcel of
property which authorizes a use or activity which is not
otherwise expressly authorized by the zoning regulations
governing the parcel of property as variable family
residential structures are allowed in this zoning
district.
17. 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;
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
consti tute a rezoning or other amendment to the
zoning code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence to Consider:
The granting of this variance would grant a privilege
that is enjoyed by other property in the vicinity as an
alternate development plan cannot be utilized to
accomplish the improvements proposed within the standards
set forth in the Zoning Ordinance.
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ATTACHMENT "C"
CONDITIONS OF APPROVAL
APPLICANT SHALL CONTACT TO DEPARTHBNT OF PLANNING AND
COMMUNITY DEVELOPHBNT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 1. THROUGH 35.):
I. SPECIFIC CONDITIONS
1. Prior to issuance of building permits, applicant shall
submit a site plan prepared by a licensed civil engineer
or surveyor certifying that the subject site is in
conformance with the minimum lot size required by a
duplex for the zoning code in effect at the time of
application for this permit.
2. Be separate document prior to final occupancy, there
shall be granted to the City, an open space easement over
all that area on the subject parcel west of the bluff
edge. Said open space easement shall be approved as to
form by the City Attorney and shall limit the use of said
open space to recreational purposes, such as: lateral
beach access, visual access to the face of the bluff and
any further construction must be with proper permits.
II. STANDARD CONDITIONS
GENERAL CONDITIONS
3. This approval will expire on September 29, 1990, after
the approval of this project unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
4. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
5. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause
a noticed hearing to be sent before the authorized agency
to determine why the City of Encinitas should not revoke
this permit.
6. 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.
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7. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
8. 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.
9. 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.
10. This approval shall become null and void if building
permits are not issued for this project within two
year(s) from the date of project approval.
11. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
12. Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a civil engineer
verifying the building height is in compliance with the
design review permit.
13. Although the Zoning Ordinance may allow certain building
heights as two story structures, the U.B.C. may define
the structure as a three story building requiring an
additional exit or other improvements.
14. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
15. For new residential dwelling units(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,
School Fees, Water and Sewer Service Fees, Traffic Fees,
Drainage Fees, and Park Fees. These fees shall be paid
prior to (as applicable):
a. Building permit issuance; or
b. Final occupancy inspection.
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SITE DEVELOPMENT
16. The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
17. Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
18. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized agency
(agent) pursuant to Design Review unless written
information is provided by the post office to state
otherwise.
19. Trash receptacle(s) shall be enclosed by a 6 foot high
decorative masonry wall with view-obstructing gates
(individual units may have storage in garages if so
designated on plans). Design and location shall be
subject to review and approval by the authorized agency
(agent).
20. All roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required and approved by the authorized agency (agent).
21. 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 the Planning and Community Development
Department.
street names shall be approved by the City prior to the
recordation of the final map; and street addresses shall
be provided prior to the issuance of building permits.
22. Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
23. Building elevations, materials and colors are approved
as submitted or modified.
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24. Applicant shall submit to the Planning and Community
Development Department a security construction plan for
review and approval by the authorized agency (agent).
Said Plan shall identify any temporary fencing, temporary
parking and circulation, project access and the like.
25. Owner(s) shall enter into a covenant waiving any claims
of liability against the City and agree(s) to indemnify
and hold harmless the City and City's employees relative
to the approved project. This covenant is applicable to
any bluff failure and erosion resulting from the
development project.
26. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
27. A plan shall be submitted for approval by the Director
of the Planning and Community Development Department and
the Encinitas Fire Protection District regarding the
treatment of the site during the construction phase, and
the circulation and parking of construction workers'
vehicles and any heavy equipment needed for the
construction of the project.
28. Run-off from patio slabs or walks should not be allowed
to concentrate and run over the top of the bluffs.
Irrigation of the setback zone between the proposed
building and the bluff edge should be minimized to
maintain suitable ground cover. Preferable plants for
the bluff area are lightweight "native" types, with no
irrigation requirements. Planting should be pursued with
extreme caution, since the resulting loosened soil
conditions of newly planted areas are susceptible to
erosion. An irrigation system is not to be installed on
the bluff or to broadcast water onto the bluff.
PARKING AND VEHICULAR ACCESS
29. Parking area layout shall meet the standards of the
Zoning Ordinance and the off street Parking Design
Manual.
30. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
LANDSCAPING
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31. A detailed landscape and irrigation plan shall be
submitted to and approved by the authorized agency
(agent) prior to the issuance of building permits.
32. The landscape plan shall meet the standards of the Zoning
Ordinance, Grading Ordinance and off street Parking
Design Manual.
33. All required plantings shall be in place prior to use or
occupancy of new buildings or structures. All required
plantings shall be maintained in good growing conditions,
and whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All
landscaping shall be maintained in a manner that will not
depreciate adjacent property values and otherwise
adversely affect adjacent properties.
The height required for hedges or other dense landscaping
is the height to be attained wi thin 3 years after
planting.
34. Landscaping shall be maintained in such a way so view
corridors are not blocked.
SIGNS
35. Any signs proposed for this development shall be designed
and approved in conformance with the Sign Ordinance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 36.
AND 37):
FIRE
36. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Encinitas
Fire Protection District.
37. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
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minimum required water flow is available to serve the
site. provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
APPLICANT SHALL CONTACT THB PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THB FOLLOWING CONDITIONS: (ITEMS 38 THROUGH
47):
GRADING
38. Grading of the subject property shall be in accordance
with the Grading Ordinance.
39. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
40 The final grading plan shall be subject to review and
approval by the Public Works Department and shall be
completed prior to recordation of the final subdivision
map or issuance of building permit, whichever comes
first.
STREETS AND SIDEWALKS
(The authorized agency may modify City standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity pursuant to Municipal
Code(s).)
41. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
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42. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall
be obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
43. 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.
DRAINAGE AND FLOOD CONTROL
44. A drainage system capable of handling and disposing of
all surface water originating within the development, and
all surface waters that may flow onto the development
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.
45. A drainage system shall be installed to direct all flows
from impervious surfaces to Neptune Avenue. Erosion
control devices to prevent or retard erosion to the bluff
face and drainage to direct surface water away from the
top of the bluff shall be well maintained at all times.
46. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
47. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 48 THROUGH
53):
UTILITIES
48. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
49. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
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50. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City
of Encinitas, Fire District, Appropriate Agency and the
Health Department of the County of San Diego.
51. Cable television services shall be provided and installed
underground. The developer shall notify the Cable
company when trenching for utilities is to be
accomplished. A permit shall be obtained from the Public
Works Department.
52. That all required improvements conform to City Standards.
53. The Director of Public works or his designee or the
authorized agency (agent) has the authority to waive or
modify any conditions within this document.
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