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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 ~ . 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 . 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 . 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 . 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 ----- ...-.---..- ~ . 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 ~ - " . 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 ---'" .. . 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~ \N\O 4-Ð 'ÇOO\ '"R ~ '-\ ~ "Õ ~ ~ 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)! ~ -p.\J 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 Date3 /25 1$9 Title €6\s~~~Nee.