1989-17
.
8 8
RESOLUTION NO. L-89-17
8 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 390 E. GLAUCUS STREET
(CASE NO. 89-107-V)
WHEREAS, a request for consideration of a Variance to permit
an encroachment of seven (7) feet into the rear yard setback was
filed by Tom and Nancy Noonan 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 390
East Glaucus Street, legally described as:
Parcel 2 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 l.S hereby approved subject to the following
8 Case No. 89-107-V
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CASE NO. 89-065-V
8 conditions:
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,
8 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.
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 l.S In compliance with the
design review permit.
8 Case No. 89-107-V
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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,
8 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. To plant a Eugenia hedge from the southwest
corner of Parcel 2 for a distance of 91.5
feet. The hedge would be maintained at a
height of 7 feet for the first 71.5 feet above
the natural grade golng north. For the
remaining 20 feet, the hedge would be 8 feet
high. One gallon plants will be spaced every
18 inches. The hedge will be planted within
120 days of the granting of the variance.
b. Remove existing chainlink fence. A 6 foot
redwood fence will be constructed on the
entire length of the west property line. The
fence will be constructed within 90 days of
variance approval.
c. Two Carrotwood trees (instead of the Jacaranda
originally specified) which are 12 feet in
height from the top of the planter box will be
8 Case No. 89-107-V
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8 sited is
after the house framed to ensure
privacy in the Jasco rear yard and at the same
time retain the Noonan's view of ocean over
the top of the tree canopy. Height and width
of the tree canopy will be maintained by
applicant to maximize privacy between the two
properties.
B. 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
Department of Planning and Community Development.
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.
8 D. site plan, building elevations, materials and color
are approved as submitted, subject to the following
modifications:
a. The depth of the deck will be reduced by 6
feet and 70 square feet subtracted from the
total area of the deck as shown on Attachment
B.
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
8 Case No. 89-107-V
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8 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.
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.
It Case No. 89-107-V
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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
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, l.S
defined by Chapter 23.24 of the Encinitas Municipal
Code. Grading shall be performed under the
observation of a registered civil engineer whose
8 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
8 Case No. 89-107-V
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8 City
easements and structures as required by the
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.
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
8 (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
... to other property in the immediate vicinity
l.nJur1.OUS
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
8 Case No. 89-107-V
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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.
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
8 upon receipt of evidence indicating that the
condition has been fulfilled or cannot be fulfilled
due to circumstances beyond the control of the
developer.
8 Case No. 89-J.O7-V
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... 48 8
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PASSED AND ADOPTED this 24th day of August, 1989, by the
following vote, to wit:
AYES: Eldon, Kaden, Locko, Shur
NAYS: None /¿L------
ABSENT: Harwood
ABSTAIN: None (ì
Dou s Harwood, Chairperson
of he Leucadia
com~uni y Advisory Board
ATTEST:
ihda Niles
8 Associate Plann r
8 Case No. 89-107-V
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ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-89-17
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
8 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, while somewhat trapezoidal, is still
relatively rectangular. In addition, the lot was custom
designed in 1988 to accommodate a single family home and
to preserve the views of affected properties. A recent
change in the Zoning Code makes such a design difficult.
In conclusion, the above listed special circumstances
justify 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 privileges
inconsistent with the limitations upon other properties
in the vicinity and zone in which such property is
situated.
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
8 Case No. 89-107-V
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8 8
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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
8 site, ~nd adja~ent properties than the project
requ1.r1.ng a var1.ance.
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 rezonlng or other amendment to the
zoning code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence to Consider:
1. The residence was custom designed to preserve the
views of neighboring affected properties and to
maximize views, light and air in living areas. It
was designed with four steps to fit it into the
hillside. Working drawings were completed and
submi tted the day after the new Zoning code was
adopted. The change in the rear yard setback
occurred late in the code revision process.
Changes have been made in the deck and landscaping
to the satisfaction of neighbors to ensure their
4IÞ Case No. 89-107-V
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privacy. The overall height of the current design
is relatively low: 24 feet 6 inches. In
conclusion, the current design has mitigated all
significant impacts to the site and neighboring
properties. A redesign to bring the structure
totally out of the setbacks might impact views and
would remove any necessity to provide privacy
enhancing landscaping for the neighbors to the
west.
2. The need for the variance is not self-induced,
especially since the applicant had recently custom
designed the lot and house to comply with zoning
requirements current at the time.
3. The granting of a variance would permit only a
single family home and not in effect, constitute a
rezon1.ng.
4. Currently there are no public or private nuisances
on the site which would be legalized by a variance.
8
8 Case No. 89-107-V
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'
. . ,APPL!4IIÞON FOR COASTAL DEVELOP~ENT PE~
. ,
APPENDIX B
8 LOCAL AGENCY REVIEW FORM
ISECTION A (To be camDleted by aDDlicant)
Applicant - \Qt---\ ~ N~CJ..l. NOON ~
Project descri pti on \f ~ Pst-J ce ---r-v ~~~ 7 ~ INTO
40 poOT~~ Ll~ ~~
Location ~\)~ t::= b\Q.e~ O~ 3Ci 0 ~ Q.LA-\Jcu ~ ~
Assessor1s Parcel Number 2"54--2.'=-1-67
ins ection department
3
Zoning designation ~,~~ ('R~~) ~.5(HIÞ~~ac
General or Corrmunity Plan designation ~\-P~\lk\.... 2.0\ -"'3 .00 du/ac
Local Discretionary Aporovals
[] PrÒposed development meets all zoning requirements and needs no local permits
other than bui 1 di ng permits.
8 ~ Proposed development needs local discretionary approvals noted below.
Needed Received
[] 0 Design/Architectural review
[] [ÿJ VaT; ance for 'R~ 'i ~ "5~~
[] 0 Rezone from
[] 0 Tentative Subdivision/Parcel Map No.
[] 0 Grading/Land Development Permit No.
0 0 Planned Residential/Commercial Development
0 0 Site Plan Review
[] 0 Condominium Conversion Permit
0 0 Conditional, Special, or Major Use Permit No.
D 0 Other
CEOA Status
f8J Categorically Exempt - Class ¡'5'30~ Item Þr
8 [J Negative Declaration Granted
[J Environmental Impact Report Required, Final Report certified
Prepared for the City/CouRtJL-. of ~C-AN\11\-~ by C'iNn\\t\ J. CÞtKL£ON
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