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1990-18 . 8 8 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. LN/CAB19-211wp (7/30/90) 8 8 8 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. LN/CAB19-211wp (7/30/90) 8 8 D. 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: 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; LN/CAB19-211wp (7/30/90) 8 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: 8 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. 8 LN/CAB19-211wp (7/30/90) 8 8 8 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 LN/CAB19-211wp (7/30/90) 8 8 11. 12. 13. 8 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. 8 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. LN/CAB19-211wp (7/30/90) 9 8 . 8 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. LN/CAB19-211wp (7/30/90) 10 8 8 8 . 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 11 . Ie . A WO-c ~ M ~ ()1 r\ 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. .