1989-16
'
. RESOLUTION NO. L-89-16
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A VARIANCE TO PERMIT THE ENCROACHMENT INTO
THE REAR YARD SETBACK FOR THE CONSTRUCTION OF
A SINGLE FAMILY RESIDENCE LOCATED AT 392 E. GLAUCUS STREET
(CASE NO. 89-108-V)
WHEREAS, a request for consideration of a Variance to permit
an encroachment of 30 feet into the rear yard setback was filed by
Tom and Donna Tanner to allow the construction of a new single
family residence, as per Chapter 30.78 of the City of Encinitas
Municipal/Zoning Codes, for the property located at 392 East
Glaucus Street, legally described as:
Parcell in the City of Encinitas, County of San Diego, State
of California, as shown at Page 15190 of Parcel Maps filed in
the Office of the County Recorder of San Diego County, April
4, 1988, as file no. 88-152452 of Official Records.
Reserving therefrom a proposed 24 foot private road and
utility easement as shown on Parcel 4 of said map. Said
easement is hereby declared appurtenant to and for the benefit
of Parcel 1, 2 and 3 of said parcel map.
8 WHEREAS, public hearings were conducted on the application,
July 6, 1989 and August 24, 1989 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 June 30, 1989 and August 11,
1989;
2. The proposed 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 made the
required findings 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:
. Case No. 89-108-V
Page 1 of 12
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II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years, on August
24, 1991, 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. 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.
D. 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
8 and ordinances in effect at the time of building
permit issuance unless specifically waived here.
E. 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.
F. Permits from other agencies will be required as
follows:
a. Coastal Commission
G. 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 Case No. 89-108-V
Page 2 of 12
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H. 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.
1. Project is approved as modified as evidenced by the
plot plan received by the city of Encinitas on June
27, 1989 and signed by a city Official as approved
by the Leucadia Community Advisory Board on August
24, 1989 and shall not be altered without Planning
and Community Development Department review and
approval.
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 received on June
27, 1989 and signed as approved on August 24, 1989
by the Leucadia Community Advisory Board and which
. are on file in the Planning and Community
Development Department and the conditions contained
herein. Said site plan is approved subject to the
following modifications:
a. The owner shall plant and maintain a hedge
along the western property line immediately
after grading.
b. The owner shall maintain the hedge at a mature
height of no less than seven (7) feet. Such
height shall be reached in no more than three
(3) years.
c. This hedge is intended to protect the privacy
of the backyards on Patty Lane and shall be of
sufficient density and height to minimize views
from the Tanner's home into these yards.
B. All roof appurtenances, including air conditioners,
shall be architecturally integrated, shielded from
view and sound buffered from adj acent properties
and streets as required and approved by the
Department of Planning and Community Development.
. Case No. 89-108-V
Page 3 of 12
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C. 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 building permit issuance as deemed
necessary by the appropriate agency.
D. Site plan, building elevations, materials and color
are approved as submitted, subject to the following
modifications:
a. Before the final inspection, Tanner and Guttero
agree to assess the impact on privacy of the
added second story bedroom window and agree to
mutually minimizing the impact through such
means as the installation of opaque glass.
E. Owner(s) shall enter into and record a covenant
satisfactory to the City Attorney waiving any claims
of liability against the City and agreeing to
indemnify and hold harmless the City and City's
. employees relative to the approved project.
F. Revised plans reflecting these modifications shall
be submitted to the Planning and community
Development Department prior to submittal in plan
check.
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.
. Case No. 89-108-V
Page 4 of 12
. 3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
4. LANDSCAPING
A. 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.
B. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. FIRE
A. 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 Fire District.
B. 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.
C. Structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
. Case No. 89-10S-V
Page 5 of 12
J
. installed to the satisfaction of the Encinitas Fire
Protection District.
D. All streets improved to 24 foot width shall be
posted for no parking on both sides of the street
and signs shall read "Park Off Pavement Only".
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. GRADING
A. Grading of the subject property, if required, 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. The owner shall obtain a grading permit prior to
. the commencement of any clearing or grading of the
site which does not meet the exemption requirements
of Section 23.24.090 of the city Code (Grading
Ordinance) in effect August 24, 1989.
C. No grading shall occur outside the limits of the
PROJECT unless a letter of permission is obtained
from the owners of the affected properties.
D. All manufactured slopes within this project shall
be no steeper than 2:1.
E. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as required by the City
Engineer to properly handle the drainage.
F. The owner of the subject property shall execute a
hold harmless covenant regarding drainage across
the adjacent property prior to issuance of the
building permits for this project.
. Case No. 89-108-V
Page 6 of 12
. G. 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 operations.
H. A separate grading plan shall be submitted and
approved and a separate grading permit obtained for
the borrow or disposal site if located within the
city of Encinitas.
7. 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 section 24.01.180.)
A. 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.
B. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit
shall be obtained from the Department of Public
Works and appropriate fees paid, in addition to any
other permits required.
C. The developer shall pay the Traffic Mitigation Fee
at the established rate at the date the final
inspection or the date the certificate of occupancy
is issued, whichever occurs later.
D. Property owner 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.
. Case No. 89-108-V
Page 7 of 12
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APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
8. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the
respective sewer and water agencies regarding
services to the project.
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 upon
receipt of evidence indicating that the condition
has been fulfilled or cannot be fulfilled due to
circumstances beyond the control of the developer.
.
. Case No. 89-108-V
Page 8 of 12
. PASSED AND ADOPTED this 24th day of August, 1989, by the
following vote, to wit:
AYES: Eldon, Kaden, Locko, Shur
NAYS: None
ABSENT: Harwood
ABSTAIN: None
Harwood, Chairperson
eucadia
y Advisory Board
ATTEST:
v/)~ / c5.~ Y-:~
ct7:c-rt:é1.éZ - òÎf . ./J
L'nda Niles /
. Associate Planner
. Case No. 89-10S-V
Page 9 of 12
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. ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-89-16
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 privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence to Consider:
The 10,000 square foot lot is smaller than the current
14,500 square foot minimum lot size required in the R-3
zone. Mid-range density would require an approximately
. 17,425 square foot lot size. The site also tends to be
smaller than other R-3 zoned lots in the neighborhood.
The lot shape, an irregular polygon, is still relatively
rectangular. The topography is flat.
Since the lot is relatively square, the front and rear
setbacks have a greater impact in reducing the buildable
area than if the lot were deep with a narrower street
frontage. The rear yard setback, for example, eliminates
4000 square feet or 40 percent of the lot on which could
be built. Square footage in setbacks totals
approximately 5900 square feet leaving only about 41
percent of the lot on which to build. In conclusion, the
small size of the lot, coupled with the shape and
resul ting impact of the setbacks results in a
significantly reduced buildable area.
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 privileges
inconsistent with the limitations upon other properties
in the vicinity and zone in which such property is
situated.
. Case No. 89-108-V
Page 10 of 12
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Evidence to Consider:
The granting of this variance would not constitute the
granting of special privileges inconsistent with
limitations upon other properties in the vicinity and
zone in which the property is located because a
substantial body of evidence has not been submitted to
indicate that the percentage of lot coverage is different
for the subject site as opposed to other lots in the same
vicinity and zone.
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 to Consider:
The granting of this variance would not authorize a use
or activity not expressly authorized by the zoning
regulations governing this property since the use will
. be a single family dwelling which is consistent with the
zone.
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
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:
. Case No. 89-108-V
Page 11 of 12
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1. The house was designed with the assumption that the
front yard setback was on the east side of the
property, an extension of the private road easement.
The other houses which front on the same road have
a similar orientation. If the house were to be
redesigned with the front facing to the south it
would then be looking at the side of the house on
Parcel 2. The primary view is of the ocean to the
west. wi th the narrow end of the house facing
toward the west, there would be less opportunity to
take advantage of this view.
The property has so many restrictions on the
building envelope in order to protect the view of
the property to the east that alternative feasible
designs would be difficult. Numerous difficult
l.ssues have been satisfactorily resolved with
adjacent neighbors after much negotiation. In
conclusion, an alternative design would raise other
difficult issues which would be likely to have more
significant impacts. The maj or redesign which would
be required to fit within the setbacks, therefore,
does appear to be feasible.
. 2. The need for the variance is not self-induced
because the lots had been designed to current City
specifications in 1988.
3. The granting of the variance would only permit a
single family home as currently allowed and would
not, therefore, constitute a rezoning.
4. There are currently no private or public nuisances
on the site which the zoning would legalize or
authorize.
. Case No. 89-10S-V
Page 12 of 12
, . APPLICATION FOR COASTAL DEVELOPMENT PERMIT
APPENDIX B
. LOCAL AGENCY REVIÐA FORM
¡SECTION A (To be completed by apPlicant)
Appl i cant W tJ\ zÞ -¡:;ot--\ N ~ ~ N ~
Project description.-l! ~ ~C.E. --n::> :e2NC:.Wf\cM- 30~
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Location ~\J~"'Õ~ OPF 3c\"2.. ~\C~
c::c:. ~ . Assessorl s Parcel Number ~E>4 - 2.~ l- 3h
~ECTION B (To be comcleted by local planninq or building inspection department)!
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Zoni ng des i gnati on -3<. -"3 2.S (t-\\Þ.~ac
General or Conmunity Plan designation ~\~\\ ~ z.ð\ - s.oo du/ac
local Discretionary Approvals
[]Pråposed development meets all zoning requirements and needs no local permits
. other than building permits.
~Proposed development needs local discretionary approvals noted below.
Needed Received
0 0 Design/Architectural review
0 ¡g¡ Varl ance for ~ '-\ ~ b~ ~
0 0 Rezone from
[] [] Tentative Subdivision/Parcel Map No.
0 0 Grading/Land Development Permit No.
0 0 Planned Residential/Commercial Development
[] 0 Site Plan Review
0 0 Condominium Conversion Permit
0 0 Conditional, Special, or Major Use Permit No.
D 0 Other
CEQA Status
rn Categorically Exempt - Class '5~O~ Item( Pr")
. -
[J Negative Declaration Granted
0 Environmental Impact Report Required, Final Report certified
Prepared for the City/wtmty. of -~q\-.l\\W3. by c.'-\N"Wct~ ~. ~LßON
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