1990-18
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RESOLUTION NO.
OL-90-18
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE FROM
SECTION 30.16.010, A. 7 OF THE ZONING ORDINANCE FOR
PROPERTY LOCATED ON TRABERT RANCH ROAD
AS AS FURTHER DESCRIBED IN ATTACHMENT A
(CASE NO. 90-128-V/EIA, CHAMBERS)
WHEREAS, Jim Chambers, applied for a Variance from section
30.16.010, A. 7 (front yard setback) of the Zoning Ordinance, as
required by Chapter 30.78 Variances, to allow a single family
dwelling unit to encroach into the required 30 foot front yard
setback by 301 at one point on the garage building line that is
tangent to the curved easement, thereby, tapering away from said
easement line, as shown on the plans dated received by the City of
Encinitas on June 4, 1990, for property located on Trabert Ranch
Road and as further described in Attachment A; and
WHEREAS, public hearings were conducted on the application
90-128-V/EIA on June 19, and August 7,
1990 by the Olivenhain
Community Advisory Board, at which time all persons desiring to be
heard
were heard; and
WHEREAS,
evidence was
submitted and considered to include
without limitation:
a.
Blueline elevations, perspectives, sections, and site
plan/slope analysis dated received by the City of
Encinitas on June 4, 1990;
Written information submitted with the application;
b.
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c.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff reports (90-128-V/EIA) dated June 14, and July
27,1990, which are on file in the Department of Planning
and Community Development; and
Additional written documentation.
d.
e.
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that the Variance for 90-
128-V/EIA is hereby approved and the Negative Declaration Certified
subject to the following findings:
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:
The lot is of unusual location and topography since it
is located on an inland bluff system with a considerable
portion of the lot in over 25% slope. The front yard
setback requirement from the existing private road
easement is 30'. If the setback were to be maintained,
the project would be forced to develop in the over 25%
slope area. The City of Encinitas Hillside/Inland Bluff
Overlay Zone development standards require that there be
minimal grading in the over 25% slope area and that the
native vegetation be retained.
It has been determined that due to the site location on
the inland bluff system and the topography of the lot the
strict application of the zoning ordinance does deprive
the property of privileges enjoyed by other property in
the vicinity and under identical zoning classification
since other lots do not have as severe physical
constraints which substantially reduce the buildable area
of the site.
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D.
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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:
The other lots existing and presently developed on
Trabert Ranch Road have are not as steeply sloped as the
subject site. Additionally, they were allowed to develop
under the County development standards which allowed pad
type grading even on steeply sloped lots. The request
for variance being applied for at this time would allow
the applicant the privilege of developing his lot
consistent with the other properties in the area and same
zone in regards to single family development of
approximately the same bulk and mass as other development
on Trabert Ranch Road. Other properties in the same
vicinity and zone are not characterized by considerable
portions of their lots in over 25% slope, and are not as
restricted by the standard front yard setback required.
The project can be conditioned to satisfy all other
requirements of City Code.
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:
Single family residential development as proposed on the
site is allowed in the RR-1 zone.
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 owner1s predecessor;
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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:
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The Variance Request is reasonable to allow development
of the site to be in parity with the development of
properties in the neighboring vicinity and same zone.
An alternate design was not available that would not
require a variance from the required setbacks since any
design on the subject property would require a variance
from either the front yard setback or the percentage of
development encroachment allowed into the over 25% slope
area in the Hillside/Inland Bluff Overlay Zone. The
project is proposed to encroach less than the 10%
encroachment allowed into the over 25% slope area.
Al ternate designs could have been submitted that required
a lesser front yard setback variance, however, either the
square footage of the project would need to be reduced
resulting in the structure dropping below the average
square footage of other single family structures in the
area, or the degree of development encroachment into the
over 25% slope area would need to be increased and a
variance from that development standard may have been
necessary. The request does not constitute a rezoning,
nuisance, nor is it self-induced since the lot was
created prior to purchase by the applicant and the city
of Encinitas adopted the new Zoning Code standards
requiring the 301 front yard setback after creation of
the lot.
BE IT ALSO RESOLVED THAT the variance is approved subject to
the following conditions:
1.
This approval will expire on August 7,1991, at 5:00 p.m.
unless the conditions have been met or an extension has
been approved by the Authorized Agency.
2.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
Prior to issuance of a building permit the applicant
shall submit a letter from the Fire District stating that
all plan review fees have been paid.
3.
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4.
The Variance is approved as submitted on the blueline
elevations, perspectives, sections, and site plan/slope
analysis dated received by the City of Encinitas on June
4, 1990 and as supported by the Negative Declaration on
file in the office of Planning and Community Development
and any changes to the plan shall be reviewed and
approved by the Community Advisory Board.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Gradinq Conditions
8.
9.
5.
The developer shall obtain a grading permit, if
applicable, prior to the commencement of any clearing or
grading of the site.
6.
The grading for this project is defined in Chapter 23.24
of the Encinitas Municipal Code. Grading shall be
performed under the observation of a 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.
7.
No grading shall occur outside the limits of the
(PROJECT) unless a letter of permission is obtained from
the owners of the affected properties.
All slopes within this project shall be no steeper than
2: 1.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work at first submittal of
a grading plan.
Drainaae Conditions
10.
The developer shall exercise special care during the
construction phase of this proj ect to prevent any offsi te
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
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11.
12.
13.
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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.
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.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
The drainage system shall be designed to ensure that
runoff resulting from a 10-year frequency storm of 6
hours or 24 hours duration under developed conditions,
is equal to or less than the runoff from a storm of the
same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations
shall be analyzed to determine the detention basin
capacities necessary to accomplish the desired results.
Street Conditions
14.
15.
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A registered Civil Engineer or a licensed land surveyor
shall provide a signed statement that:
"The existing private roads of access to the project are
within the easements for the benefit of the land
division."
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 Director of Public Works.
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utilities
17.
18.
19.
16.
The design of all private streets and drainage systems
shall be approved by the City Engineer prior to (APPROVAL
OF THE FINAL MAP/ISSUANCE OF ANY GRADING OR BUILDING
PERMIT) for this project. The structural section of all
private streets shall conform to City of Encinitas
Standards based on R-value tests. The standard
improvement plan check deposit is required.
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Fire
20.
21.
22.
23.
Submit a letter from the Fire District stating that
fire/fuel breaks have been approvided to the satisfaction
of the Department.
Address 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.
Structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
Prior to final occupancy approval, the applicant shall
submit a letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
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PASSED AND ADOPTED this
following vote, to wit:
7th day of August,
1990 by the
AYES:
Boardmembers DuVivier, Wiegand, and Johnson
NAYS:
None
ABSENT:
Boardmembers Trujillo and Perkins
ABSTAIN:
None
ATTEST:
~~M~~d
LI DA S. NILES'
Associate Planner
LN/CAB19-211wp (7/30/90)
CHUCK DU VIVIER, Vice-Chairman of
the Olivenhain Community
Advisory Board
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A WO-c ~ M ~ ()1
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Our No. 840280-82
EXHIBIT "A"
PARCEL A:
Parcel 4 of Parcel Map No. 12127 in the City of Encinitas, County of San
Diego, State of California, filed in the Office of the County Recorder of
San Diego County, May 20, 1982 as File No. 82-152929 of Official Records.
PARCEL B:
An easement and right of way for ingress and egress, road and utility
purposes, including but not limited to electric power, telephone, gas,
water, sewer and cable television lines and appurtenances thereto,
TOGETHER WITH the right and power to convey the same to others over,
under, along and across the Westerly 40.00 feet of Parcels 1 and 2 of
Parcel Map No. 8205, in the County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego County, December
22, 1978 as File No. 78-550343 of Official Records.
PARCEL C:
An easement and right of way for ingress and egress, road and utility
purposes, including but not limited to electric power, telephone, gas,
water, sewer and cable television lines and appurtenances thereto,
TOGETHER WITH the right and power to convey the same to others over,
under, along and across the Westerly 40.00 feet of Parcels 1 and 3 of
Parcel Map No. 12127, in the County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego County, May 20,
1982 as File No. 82-152929 of Official Records. .