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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 I 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 I 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 J 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 I 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