1994-04
RESOLUTION NO. OE 94-04
A RESOLUTION OF THE
OLD ENCINITAS COMMUNITY ADVISORY BOARD
APPROVING A TENTATIVE PARCEL MAP FOR THREE LOTS
AND VARIANCE FOR EXISTING SINGLE FAMILY DWELLING
TO ENCROACH 6 FT. INTO THE 25FT. REAR YARD SETBACK
IN THE R-8 ZONE FOR PROPERTY LOCATED AT
227 NO VULCAN AVENUE
(CASE NUMBER 94-141 V)
WHEREAS, a request for Tentative Parcel Map and Variance
was filed to allow an existing legal lot to be subdivided into
three parcels of land, and Variance to allow an existing single
family dwelling to encroach 6 ft. into a 25 ft. rear yard setback,
for the property located at 227 N. Vulcan Avenue, legally described
as:
Lot 6 in Block "V" of Seaside Gardens Annex, in the City of
Encinitas, County of San Diego, State of California, according
to the Map thereof No. l80l, filed in the Office of the County
Recorder of San Diego County, August 6, 1924.
WHEREAS, a public hearing was conducted on the application on
October 20, 1994, by the Old Encinitas Community Advisory Board;
and
WHEREAS, the Board considered:
1. The October 20, 1994, staff report to the Community
Advisory Board with attachments;
2. Application and tentative parcel map dated received
August 30, 1994;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.74 of the Encinitas Municipal Code
(Variance), and Section 66474 of the State Map (Tentative Parcel
Map).
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Old Encinitas
Community Advisory Board of the City of Encinitas hereby approves
application 94-141 TPM/V subject to the following conditions:
(SEE ATTACHMENT "B")
JK/94l41TPM.SR (10-11-94) 6
PASSED AND ADOPTED this 20th day of October, 1994, by the
following vote, to wit:
AYES: Birnbaum, Comeau, Harden, Wells
NAYS: None
ABSENT: Pearce
ABSTAIN: None
~\~ --
Adam Birnbaum
Chairman of the
Old Encinitas
Community Advisory Board
ATTEST:
lane Lanager
Assistant Plan
JK/9414lTPM.SR (lO-11-94) 7
ATTACHMENT "D"
Resolution No. OE 94-04
Case No. 94-141 TPM/V
Applicant: Helmut Kiffman
Findings for Approval of a Tentative Parcel Map
A. That the proposed map is consistent with the General Plan.
Facts: The application proposes 3 single family residential
parcels having net acreages of at least the minimum 5,400 sq.
ft., per the Residential-8 Zoning District. The lots are
configured and designed in such a manner as to permit future
development which would conform to ,current development
standards (with the exception of the associated variance) and
access is provided to each proposed lot.
Discussion: The project conforms to the General Plan density
requirements for the R-8 Zoning District since the project
proposes 3 residential Parcels and the density study indicates
that the maximum density of 8 dwellings per acre is complied
with.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds the Tentative Parcel Map is consistent with the
General Plan.
B. That the design or improvement of the proposed subdivision is
consistent with the General Plan.
Facts: The Tentative Parcel Map proposes lot sizes consistent
with the minimum 5,400 sq. ft. minimum net lot area required
for the Residential-8 Zoning District. Building envelopes
provided on the Tentative Parcel Map indicate that future
single family residences can be accomodated as per standard
development regulations.
Discussion: The Tentative Parcel Map reviewed for the
proposed subdivision indicates that the project is designed to
conform to Zoning Code standards (with the exception of the
associated variance) and is consistent with General Plan
provisions for the Residential-8 Zoning District.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the Tentative Parcel Map's design is
consistent with the General Plan.
C. That the site is physically suitable for the type of
development.
JK/9414lTPM.SR (lO-ll-94) 8
Facts: The Tentative Parcel Map proposes to provide lot sizes
that conform to the requirements of the Residential-8 Zoning
District. The property is mildly sloping (approximately 8%)
and will accommodate building sites for future single family
dwellings. All services are available for future development.
Discussion: The applicant has submitted "will service"
letters from the Water, Sewer, Fire and School Districts. The
proj ect is designed to satisfy development requirements of the
Residential-S Zoning District and to comply with General Plan
Policies.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the site is physically suitable to
accommodate the future development of three single family
residences.
D. That the site is physically suitable for the proposed density.
Facts: The Tentative Parcel Map proposes three residential
parcels for the future construction of two additional single
family residences.
Discussion: The density analysis for the project calculates
the net acreage, deducting public right-of-way for future
improvements to Vulcan Avenue and deducting the required 16
ft. road easement, leaving a total net area of .38 acres, and
a total project density of 7.9 dwellings per acre, in
accordance with the General Plan and Municipal (Zoning) Code
standards.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the Tentative Parcel Map conforms to the
maximum density requirements for the Residential-S Zoning
District established by the General Plan and that the site is
physically suitable for the proposed density.
E. That the design of the subdivision or the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat.
Facts: The project is exempt from environmental review
pursuant to Section 15315 of CEQA since the project proposes
three residential parcels, is located within an area
designated for residential development by the General Plan and
Zoning District and has an average slope of less than 20%.
Discussion: The design of the subdivision and the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat because no significant environmental
JK/94141TPM.SR (10-l1-94) 9
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resources are present on the project site and the project is
determined to be exempt from environmental review, since it is
a minor subdivision in an urbanized area and has an average
lot slope of less than 20 %, per CEQA section l5315.
Conclusion: The Old Encinitas Community Advisory Board, in
its independent judgment, has found this project to be exempt
pursuant to section l53l5 of CEQA since the project proposes
three residential parcels, is located within an area
designated for residential development by the General Plan and
Zoning District and has an average slope of less than 20%.
F. That the design of the subdivision or type of improvements is
not likely to cause serious public health problems.
Facts: The applicant has submitted "will service" letters to
indicate that the Water, Sewer, Fire and School agencies can
provide adequate service and utilities to the project site.
Discussion: The Tentative Parcel Map proposes to create three
residential Parcels for future home sites. No evidence has
been submitted to indicate that a serious public health
problem would occur should the residences be constructed.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the design of the subdivision and future
residences on the site can be adequately serviced with
necessary utilities and the project will not cause any serious
public health problems.
G. That the design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public at
large, for access through or use of, property within the
proposed subdivision.
Facts: The Tentative Parcel Map indicates that adequate
access to each of the three residential lots can be provided
in conformance with City standards. All other known easements
for utilities or access are indicated on the Tentative Parcel
Map.
Discussion: The design of the Tentative Parcel Map will not
conflict with any easements for utilities or roadways. The
Tentative Parcel Map has been conditioned to require all
access easements and utilities to be shown on the Final Parcel
Map in accordance with City standards and the servicing
utility's requirements.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the design of the subdivision and future
improvements will not conflict with any public easements nor
JK/94l41TPM.SR (10-11-94) 10
hinder access to, or the use of, property within the proposed
subdivision.
Findings for Approval of variance
This approval is based upon the following findings pursuant to
section 30.78 of the City of Encinitas Municipal Code:
A. In reference to Municipal Code section 30.78.030 (A), a
variance from the terms of the zoning regulations 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
regulations deprives such property of privileges enjoyed by
other property in the vicinity and under the same zoning
classification.
Facts: The standards for the R-8 Zone specify a minimum
rear yard setback of 25 ft. from property line. The
establishment of the private road easement changes parcell to
a corner lot and therefore re-orients its front and rear
yards. The existing single family dwelling encroaches into
the newly created rear yard setback by 6 ft.
Discussion: The "encroachment" into the rear yard setback
is induced by the incidental changing of lot lines, and does
not result from any actual development activity Le. the
authorization of the variance will not, as a practical matter,
create any greater impact to any surrounding properties. The
variance request is not induced by any actual development
activity, as the existing dwelling is not proposed to be
enlarged as part of this review process. The inherent site
conditions of a subdividable property induce the variance
request.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that there are special circumstances which deprive
such property of privileges enjoyed by other property in the
vicinity and under the same zoning classification given the
location of the existing dwelling in relationship to the
property lines. Denial of the variance request would negate
the property owner of the ability to subdivide an otherwise
subdividable property due to inherent site factors.
B. In reference to Municipal Code section 30.78.024 (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 same vicinity and
zone in which property is situated.
JK/94141TPM.SR (10-ll-94) 11
Facts: The R-8 zoning applicable to the area permits
properties to be subdivided to a minimum lot size of 5,400 sq.
ft. The subject application conforms to this standard and
seeks a variance from a newly created rear yard setback. No
addition of living area is proposed for the subject dwelling.
Discussion: The variance does not authorize any addition of
living area and therefore will not generate any greater
impacts to any surrounding properties.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the variance approval will have neutral
impact on the surrounding area, that the variance request is
necessitated by a subdivision application, and therefore does
not constitute a grant of special privileges.
C. In reference to Municipal Code section 30.78.024 (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 regulations governing the parcel of
property.
Facts: The subject site is zoned Residential-8, and the
proposed use is residential.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the proposal would be consistent with subject
zone.
D. In reference to Municipal Code section 30.78.024 (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:
l. 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;
4. Would authorize or legalize the maintenance of
any public or private nuisance.
1. Facts: The Variance request is induced by the associated
tentative parcel map which requires a 16 ft. easement access
JK/94141TPM.SR (10-11-94) 12
road, creating a rear yard setback where there currently is a
side yard setback.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that there is no alternate development plan given
that the said easement road is a necessary aspect of the total
application.
2. Facts: The variance is necessitated by access requirements
for the subdivision request.
Discussion: The Variance request is induced by the
associated tentative parcel map which requires a 16 ft.
easement access road, creating a rear yard setback where there
is currently a side yard setback.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the variance request is not self-induced, due
to the inherent site conditions and the need for a 16 ft.
access roadway for the two easterly properties.
3. Facts: The project of subdivision and variance will
authorize a residential use consistent with the R-S Zoning.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the subject residential zoning will not be
affected by the approval of this variance.
4. Facts: No aspects of the residential project have been
identified which would constitute public nuisance.
Conclusion: Therefore, the Old Encinitas Community Advisory
Board finds that the addition would not constitute and public
nuisance.
JK/94141TPM.SR (10-11-94) 13
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ATTACHMENT "E"
CONDITIONS OF APPROVAL
Resolution No. OE 94-04
Case No. 94-141 TPM/V
Applicant: Helmut Kiffman
A. This approval. will expire in two years on October 20,
1996, 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 10 calendar days from the date of this approval.
C. Approval of this request shall not waive compliance with
any sections of the Municipal Code and all other
applicable City Ordinances.
D. Permits from other agencies will be required as follows:
California Coastal Commission.
E. The Tentative Parcel Map and Variance are approved as
evidenced by the application and Tentative Parcel Map,
dated received August 30,1994, and shall not be altered
without approval from the authorized agent.
F. The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
variance approval. The covenant shall bear the notarized
signature of the property owner and be in form and
content satisfactory to the Director of Community
Development. Said covenant shall be recorded with or
prior to recordation of the Parcel Map.
G. Prior to authorization of Final Map, the applicant shall
provide, to the satisfaction of the Director of Community
Development, two off-street parking spaces, in
conformance with the Municipal Code and the Off-Street
Parking Design Manuel, for the existing dwelling.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. Address numbers shall be clearly visible from the street
fronting the structure. The height of the numbers shall
conform to Fire District Standards. Where structures are
located off a roadway on long driveways, a monument
marker shall be placed at the entrance where the driveway
intersects the main roadway. Address numbers shall be
affixed to this marker.
JK/9414lTPM.SR (10-11-94) 14
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I. Prior to granting development approval, the applicant
shall submit to the Community Development Department a
letter from the Fire District stating that all fees
including plan check reviews and cost recovery fees have
been paid or secured to the satisfaction of the District.
J. Smoke detectors shall be inspected by the Fire
Department.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. GRADING
K. No grading permits shall be issued for this subdivision
prior to recordation of the final map.
L. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
M. No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is obtained
from the owners of the affected properties.
5. DRAINAGE
N. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
6. STREET CONDITIONS
o. The developer shall make an offer of dedication to the
City for all public streets and easements required by
these conditions or shown on the TENTATIVE MAP. The
offer shall be made BE A CERTIFICATE ON THE FINAL MAP for
this project. All land so offered shall be granted to
the City free and clear of all liens and encumbrances and
without cost to the City. Streets that are already
public are not required to be rededicated.
P. 15 feet shall be dedicated by the developer along the
subdivision frontage for Vulcan Avenue based on a center
line to right-of-way width of 35 feet and in conformance
with City of Encinitas standards.
Q. Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof to
the satisfaction of the City Engineer.
R. The developer shall enter into a lien contract for the
future improvement of a half-street along the SUBDIVISION
JK/94141TPM.SR (10-ll-94) 15
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frontage at Vulcan Avenue prior to APPROVAL OF THE FINAL
MAP for this project.
7. UTILITIES
S. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
T. The developer shall be responsible for coordination with
S.D.G&E, Pacific Telephone, and Cable TV authorities.
U. All proposed utilities within the project shall be
installed underground, including existing utilities,
unless exempt by the Municipal Code.
v. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
8. MAP
W. This project is approved specifically as 1 single phase.
x. The developer shall be responsible for the paYment of
Flood Control Impact Fees, Park and Recreation Fees, and
Traffic Impact Fees prior to approval of the final map,
or shall enter into a security agreement for the paYment
of such fees.
For new residential dwelling units, the applicant shall
pay development fees at the established rate. Such fees
may include, but not by 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 made prior to recordation of
the final map, prior to building permit issuance for
future development, or prior to final occupancy, as
required. Impact fees are applicable to parcels 2 & 3
since parcell has an existing single family dwelling
located on it and no new impacts will occur on parcell.
JK/9414lTPM.SR (lO-11-94) l6