1989-21
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RESOLUTION NO. L-89-21
. A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A VARIANCE TO PERMIT THE ENCROACHMENT INTO
THE FRONT YARD AND SIDE YARD SETBACKS
FOR THE CONSTRUCTION OF AN ATTACHED TWO CAR GARAGE
LOCATED AT 1269 RAINBOW RIDGE LANE
(CASE NO. 89-186-V)
WHEREAS, a request for consideration of a Variance to permit
an encroachment of 5 feet into the side yard setback and 15 feet
into the front yard setback was filed by Stuart Newman to allow the
construction of an attached two car garage, as per Chapter 30.78
of the City of Encinitas Municipal/Zoning Codes, for the property
located at 1269 Rainbow Ridge Lane legally described as:
That portion of the Southerly 330 feet of the Southwest
Quarter of the Northwest Quarter of Section 3, Township
13 South, Range 4 West, San Bernardino Meridian, in the
City of Encinitas, County of San Diego, State of
California, according to U. S. Government Survey, approved
April 19, 1881, described as follows:
Beginning at a point in the Northerly line of said
Southerly 330 feet, distant thereon South 89°50' 10" East,
. 686.30 feet from the Northwesterly corner of said
Southerly 330 feet of the Northwest Quarter, said point
being the intersection of said Northerly line with the
center line of a 40 foot road as shown on Record of
Survey Map No. 1236, filed in the Office of the County
recorder of San Diego County; thence South 06°38 '55" East
along the Southerly prolongation of said center line
332.35 feet to the Southerly line thereof to a point
distant thereon South 89°50'10" East; along said
Southerly line of said Northwest Quarter; thence North
89°50'10" West, 467.13 feet from the Southeast corner of
said Southwest Quarter of the Northwest Quarter, to the
TRUE POINT OF BEGINNING; thence North 06°38'55" West,
73.96 feet; thence North 89°50'10" West, 207.09 feet,
more or less, to the Southerly prolongation of the
centerline of a 40 foot road as shown on Record of Survey
Map No. 1236; thence along said Southerly prolongation
of said centerline South 06°38'55" East, 73.96 feet;
thence South 89°50'10" East, 207.09 feet to the TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM the Westerly 30 feet thereof.
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WHEREAS, a public hearing was conducted on the application,
. October 19, 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 October 6, 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:
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
. A. This approval will expire in two years, on October
19, 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. 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.
D. Approval of this request shall not waive compliance
wi th 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.
E. Permits from other agencies will be required as
follows:
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8 Coastal Commission
a.
F. Project is approved as modified as evidenced by the
plot plan dated July 12, 1989 received by the City
of Encinitas on July 17, 1989 and signed by a City
Official as approved by the Leucadia Community
Advisory Board on October 19, 1989 and shall not be
altered without review and approval by the Planning
and Community Development Department and the
Leucadia Community Advisory Board.
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 and signed as
approved on October 19, 1989 by 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. Structure may encroach 2 1/2' into the required
side yard setback and 10' into the required
front yard setback.
B. Revised plans reflecting these modifications shall
be submitted to the Planning and Community
Development Department prior to submittal in plan
check.
C. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
D. 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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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. 3. 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. All designated emergency access roads shall be
posted pursuant to the Fire District standards.
c. 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.
4. 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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. 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. The owner shall obtain a grading permit prior to the
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. 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 October 11, 1989.
C. No grading shall occur outside the limits of the
SUBDIVISION/PROJECT unless a letter of permission
is obtained from the owners of the affected
properties.
D. 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.
E. All manufactured slopes within this project shall
be no steeper than 2:1.
F. The developer shall exercise special care during the
construction phase of this project to prevent any
offsite siltation. The developer shall provide
erosion control measures and shall construct
. temporary desiltation/ detention basins of a type,
size and location as approved by the City Engineer.
The basins 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. Prior to the removal of any basins or
facilities so constructed, the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required
or approved by the City Engineer. The developer
shall maintain the temporary basins and erosion
control measures for a period of time satisfactory
to the City Engineer and shall guarantee their
maintenance and satisfactory performance through
cash deposit and bonding in amounts and types
suitable to the City Engineer.
G. 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.
6. STREETS AND SIDEWALKS
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. (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. 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.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
7. 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.
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. PASSED AND ADOPTED this 19th day of October, 1989, by the
following vote, to wit:
AYES: Eldon, Kaden, Locko, Shur, Harwood
NAYS: None
ABSENT: None
ABSTAIN: None
?-?7
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Do,gl s Harwood, Chalrperson
oflth Leucadia
co~u ity Advisory Board
l
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. ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-89-21
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 13,100 sq. ft. lot is considerably
smaller than 21,500 sq. ft. minimum lot size in the RR-2 Zone.
Mid range density would require a lot of approximately 29,000
sq. ft. The lot shape is roughly rectangular, the building
pad is flat and slopes down to street level.
Because of the small lot size the net buildable area of this
lot is significantly less than other lots in the same zoning
classification.
8 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 grant times of this variance would
not constitute the grant special privileges as most residences
in the area have garages.
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 two car garage which is consistent with the zoning
regulations.
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~ 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 constitute
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:
1. Given the existing on-site development and the physical
limitations of the lot, there is no prudent alternative
placement or design. The encroachments are necessary for
the garage to meet minimum off-street parking design
criteria.
. 2. Al though the applicants converted an existing two car
garage into additional living space in 1988, the lot
retained sufficient area to construct a new garage under
existing development regulations. with the adoption of
the City of Encinitas Zoning Code, the required front
yard setback was increased by ten feet. The new zoning
regulations precluded the construction of the garage as
originally designed. Thus, the problem was not self-
induced but rather was created by the adoption of the
City's Zoning Code.
3. The granting of this variance would allow a use and
structure presently permitted by code. The variance does
not constitute a rezoning.
4. The variance would not authorize or legalize the
maintenance of any private or public nuisance.
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