2002-46
RESOLUTION NO. PC 2002-46
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW AND COASTAL DEVELOPMENT PERMIT FOR
THE CONSTRUCTION OF ONE DETACHED, TWO-STORY, 1,373 SQUARE FOOT
RESIDENTIAL UNIT WITH AN ATTACHED 530 SQUARE FOOT GARAGE TO THE
REAR OF AN EXISTING RESIDENTIAL UNIT ON THE SAME PROPERTY, SAID
UNIT TO REMAIN, AND THE DEMOLITION OF THE EXISTING HOUSING
CERTIFICATION PROGRAM (HCP) UNIT, FOR THE PROPERTY LOCATED AT 926
SEALANE DRIVE IN THE RESIDENTIAL 25 (D-R25) ZONE OF THE DOWNTOWN
ENCINITAS SPECIFIC PLAN AND COASTAL APPEAL ZONE
(CASE NO. 02-028 DR/CDP; APN: 258-172-05)
WHEREAS, a request for consideration of a Design Review and Coastal Development
Pennit was filed by Eric L. Murphy to allow the construction of one detached, two-story, 1,373
square foot residential unit with an attached 530 square foot garage to the rear of an existing
residential unit on the same property, said unit to remain, and the demolition of the existing
Housing Certification Program (HCP) unit, in accordance with Chapter 23.08 (Design Review)
and Chapter 30.80 (Coastal Development Pennit) of the Encinitas Municipal Code, for the property
located in the Residential 25 (D-R25) zone of the Downtown Encinitas Specific Plan and Coastal
Appeal Zone, legally described as:
LOT 4 OF BLOCK 33 OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 148, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 12, 1883.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on November 7, 2002, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The November 7, 2002 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing;
Project drawings consisting of 3 sheets, including Site Plan/First Floor Plan/Second
Floor Plan, Elevations, and Landscape Plan, all stamped received by the City of
Encinitas on October 24, 2002; and colored elevations and color/materials board
presented at the hearing, and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08 (Design Review) and 30.80 (Coastal Development Pennit), of the Encinitas Municipal Code:
3.
4.
5.
(SEE ATTACHMENT II A")
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
EncÌnÌtas hereby approves application 02-028 DR/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, has determined that the proposed project is not subject to environmental review pursuant
Sections 15301(1)(2) and 15303(b) of the California Environmental Quality Act Guidelines
(CEQA), which respectively exempt the demolition of multiple-family residential units and the
construction of a duplex or similar multiple-family structure totaling no more than six units in an
urbanized area.
PASSED AND ADOPTED this 7th day of November, 2002, by the following vote, to wit:
AYES:
Bagg, Chapo, Crosthwaite, Ehlers
NAYS:
None
ABSENT:
Birnbaum
ABSTAIN:
None
~
ATTEST:
~ cU~L~ ~
Patrick Murphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
.
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ATTACHMENT "A"
Resolution No. PC 2002-46
Case No. 02-028 DR/CDP
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application
for a design review permit must be granted unless, based upon the information presented in
the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
a.
The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of
the Municipal Code.
Facts: The applicant requests approval to allow the construction of one detached, two-
story, 1,373 square foot residential unit with an attached 530 square foot garage to the
rear of an existing residential unit on the same lot, which will remain. The existing HCP
unit will be demolished. Multiple-family development is an allowed use in the subject D-
R25 (Residential 25) zone of the Downtown Encinitas Specific Plan.
Discussion: The project as proposed complies with all applicable Municipal Code
development standards including building height and setbacks, and will be required to
comply with all applicable Building and Fire codes through the standard plan-checking
process. All applicable utilities and services are in place to support this development. No
evidence has been submitted to indicate that the use would adversely affect the goals and
policies of the Encinitas General Plan or the provisions ofthe Municipal Code.
Conclusion: The Planning Commission fmds that the project design is consistent with the
General Plan and the provisions of the Municipal Code.
b.
The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The applicant requests approval to allow the construction of one detached, two-
story, 1,373 square foot residential unit with an attached 530 square foot garage to the
rear of an existing residential unit on the same lot, which will remain. The subject
property is located in the D-R25 zone of the Downtown Encinitas Specific Plan. Chapter
4.0 of the Downtown Encinitas Specific Plan establishes Design Review Guidelines for
development in the D-R25 zone.
Discussion: The architectural design of the project is consistent with the mix of single- and
multiple- family residential structures on neighboring properties. The existing, mature
landscaping and that proposed by the landscape plan provide ample coverage for the
property. The proposed site design provides ample space for the new unit and on-site
parking while being considerate ofthe existing unit on the property.
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J
Conclusion: The Planning Commission finds that the proposed project is in substantial
conformance with the Design Review Guidelines.
c.
The project would adversely affect the health, safety, or general welfare of the community.
Facts/Discussion: No aspect of the project has been identified that would adversely affect
the community in terms of health, safety or general welfare. All necessary services and
utilities are in place to accommodate the proposed development. The project is not subject
to environmental review pursuant to Sections 15301(1)(2) and 15303(b) of the CEQA
Guidelines.
Conclusion: The Planning Commission finds that the proposed project would not adversely
affect the health, safety, or general welfare of the community.
d.
The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The applicant requests approval to allow the construction of one detached, two-
story, 1,373 square foot residential unit with an attached 530 square foot garage to the
rear of an existing single-family residential unit. The proposed development complies
with all applicable Municipal Code standards, including building height and lot coverage
requirements.
Discussion: The proposed structure and materials are compatible with the existing single-
and multiple-family residential structures located in the surrounding area. The architectural
design of the project is consistent with the structures on neighboring properties. Ample
landscaping is proposed on the subject property.
Conclusion: The Planning Commission finds that the project as proposed will not cause the
surrounding neighborhood to depreciate materially in appearance or value.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following fmdings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1.
The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2.
The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3.
For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The applicant requests approval to allow the construction of one detached, two-
story, 1,373 square foot residential unit with an attached 530 square foot garage to the
rear of an existing residential unit on the same lot, which will remain. The existing HCP
unit will be demolished. Multiple-family development is an allowed use in the subject D-
R25 (Residential 25) zone of the Downtown Encinitas Specific Plan.
Discussion: Related to finding No.1, with the approval of the Design Review Permit
request, the proposed project will comply with all applicable Sections of the City's
Municipal Code, certified Local Coastal Program, and General Plan. Related to finding No.
2, no adverse impacts to the environment are associated with the project and the project has
been determined not to be subject to environmental review pursuant to Sections 15301(1)(2)
and 15303(b) of the CEQA Guidelines. Finding No.3 is inapplicable since the project is not
located between the sea or other body of water and the first public road.
Conclusion: The Planning Commission fmds that 1) the project is consistent with the
certified Local Coastal program of the City of Encinitas; 2) no potentially significant
adverse impacts to the environment will result and the project has been determined not to be
subject to environmental review pursuant to Sections 15301(1)(2) and 15303(b) of the
CEQA Guidelines, and 3) finding No.3 is inapplicable since the project does not lie
between the sea or other body of water and the first public road.
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Applicant:
Location:
ATTACHMENT "B"
Resolution No. PC 2002-46
Case No. 02-028 DR/CDP
Eric L. Murphy
926 Third Street
SCI
SPECIFIC CONDITIONS:
SC2
SC5
This approval will expire on November 7, 2004 at 5:00 p.m., two years after the approval of
this project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
This project is conditionally approved as set forth on the application and project drawings
consisting of 3 sheets, including Site Plan/First Floor Plan/Second Floor Plan, Elevations,
and Landscape Plan, all stamped received by the City of Encinitas on October 24, 2002; and
colored elevation and color/materials board presented at the November 7, 2002 hearing, all
designated as approved by the Planning Commission on November 7, 2002 and shall not be
altered without express authorization by the Community Development Department.
SCA The proposed unit shall have an address on Sealane Drive.
SCB
Prior to issuance of a building permit, the existing Housing Certification Program unit shall
be removed to the satisfaction of the Community Development Department. Said removal
shall require the issuance of a demolition permit.
Gl
STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2
G3
G5
This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
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G7
G13
G19
Ll
L2
DRI
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Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans.
The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building or grading permit issuance to the satisfaction of the Community Development
and Engineering Services Departments. The applicant is advised to contact the Community
Development Department regarding Park Mitigation Fees, the Engineering Services
Department regarding Flood Control and Traffic Fees, applicable School District(s)
regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees,
and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees.
Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times.
The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape
Program), which requires a landscape and irrigation plan to be prepared by a State licensed
landscape designer. The requirements for the plans are listed in Chapter 23.26. The
landscape and irrigation plans must be submitted as part of the building permit application
for the project.
All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping, buffering,
and screening requirements. All landscaping and irrigation systems shall be maintained in a
manner that will not depreciate adjacent property values and otherwise adversely affect
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
submittal and approval of an amendment of the design review permit by the authorized
agency.
BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R
The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
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calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will
be completed prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
F13
FI8
ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The numbers shall
contrast with their background, and shall be no less in height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
El
EA
EB
EC
A grading permit shall be obtained for this project unless the proposed grading is exempt
under Section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirements, the owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvement,
erosion control, storm water pollution control, and on-site pavement.
The applicant shall install a standard driveway to the satisfaction ofthe City Engineer.
Prior to the issuance of a building or grading permit, the applicant shall obtain a
permanent encroachment permit for the existing brick stairway encroaching into the Third
Street right-of-way.
ED I
Drainage Conditions
ED2
The owner shall exercise special care during the construction phase of this project to prevent
any offsite siltation. The owner shall provide erosion control measures and shall construct
temporary desiltationldetention basins of type, size and location as approved by the
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ED3
ED5
Engineering Services Director. The basins and erosion control measures shall be shown and
specified on the grading plan and shall be constructed to the satisfaction of the Engineering
Services Director 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 Engineering Services Director. The owner shall maintain the temporary basins and
erosion control measures for a period of time satisfactory to the Engineering Services
Director and shall guarantee their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the Engineering Services Director.
A drainage system capable of handling and disposing of all surface water originating within
the project, and all surface waters that may flow onto the project from adjacent lands, shall
be required. Said drainage system shall include any easements and structures as required by
the Engineering Services Director to properly handle the drainage.
The owner shall pay the current local drainage area fee prior to approval of the final map for
this project or shall construct drainage systems in conformance with the Master Drainage
Plan and City ofEncinitas Standards as required by the Engineering Services Director.
ESI
Street Conditions
ES5
EU2
EU4
Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
The owner shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESWI Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the public
storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodable landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a riprap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be
sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined
swale in the middle can be used if the site topography does not allow for the discharge of
driveway runoff over landscaped areas. The Grading Plan/Permit Site Plan shall
identify all landscape areas designed for storm water pollution control (SWPC). A note
shall be placed on the plans indicating that the modification or removal of the SWPC
facilities without a permit from the City is prohibited.
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