2002-074CITY OF ENCII~TITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2002-74
July 26, 2002
This letter is to inform you that the Director of Community Development has approved your
application for the following Administrative Permit for property located in the City of Encinitas:
02-098 ADR/CDP (Granite Homes, Lot 1) -Administrative Design Review Permit and Coastal
Development Permit to allow a portion of a new, single-family residence to exceed the standard
26'-height envelope. (APN: 258-350-31): 725 Bracero Road.
Project Description and Discussion: Pursuant to Municipal Code Section 30.16.O10.B.7.c & d,
the applicant proposes to construct a new residence in which a small portion of the roof would
exceed the 26-foot height standard for pitched-roofed structures, to a maximum height not to
exceed 28' from the lower of existing or finished grade.
The proposed residence will be built on a relatively flat pad that has been previously approved as
part of a grading plan approved by the City's Engineering Department. The subject site is a vacant
lot that was created via the Tentative Parcel Map process. The parcel map was recorded on May
25, 2001.
A standard public notification was issued for the project, with no letters of concern received from
any of the neighbors. The applicant facilitated a Citizen Participation Program (CPP) and received
no negative input during this process.
Municipal Code Section 30.16.O10.B.7.d permits residential structures to exceed the 22 or 26-foot
height standard to a maximum of 30 feet provided the following findings can be made:
Design Review to Exceed the Standard Height Envelope
1. The portion of the building outside of the standard height envelope maintains some of the
significant views enjoyed by residents of nearby properties.
2. The building is compatible in bulk and mass with buildings on neighboring properties.
Conclusion: Staff conducted a site analysis and concluded that no significant view impacts would
result from the project. The design of the home will incorporate a design in which only a small
portion of the proposed roof will exceed the 26' height limit. The remainder of the home will not
exceed the standard 26'-0" height limit for pitched roofed structures. Topographical differences
between the subject lot and the lots to the east provide that no major view corridors through the
subject lot will be impacted. The proposed building will not be out of scale with existing
residences in the vicinity given that the home is found to be consistent with the surrounding pattern
of residential development in this residential zone. All development standards for this residential
zone are being met.
Municipal Code Section 30.80 permits residential dwellings in the coastal zone provided the
following findings can be made:
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 21000 and following 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 fmding that such development is in conformity with the public access
and public recreation policies of Section 30200 et seq. of the Coastal Act.
Conclusion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The subject zoning is R-3, which permits proposed single-family dwelling units in
both the Municipal Code and General Plan. No aspect of the project has been identified which could
have an adverse impact on coastal resources or any natural resources. The project will comply with the
applicable development standards (lot coverage, setbacks, floor area ratio, height etc.) as per the
Encinitas Municipal Code and the goals and policies contained in the General Plan. Since the project
complies with all applicable provisions of the City's Municipal Code and General Plan, the Community
Development Department fmds that the project is consistent with the certified Local Coastal Program of
the City of Encinitas, and that required finding #2 is not applicable since no significant adverse
environmental impact is associated with the project. Finding #3 is not applicable, as the project site is
not located between the sea and the nearest public road.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
California Environmental Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guideline Section 15303(a).
This approval is subject to the following conditions:
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 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.
GS 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.
G7 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.
G13 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 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.
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on July 26, 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.
SC6 This project is conditionally approved as set forth on the application and project plans dated
received by the City on May 15, 2002, consisting of a Site Plan, Floor Plans, and Exterior
Elevations, all designated as approved by the Community Development Director on July
26, 2002, and shall not be altered without express authorization by the Community
Development Department.
DRl 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.
In accordance with the provisions of Municipal Code Chapter 1.12, this decision may be appealed
to the City Council within fifteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by a $100.00 filing fee, prior to 6:00 P.M. on the 15th calendar day
following the date of this notice of decision. This notice constitutes a decision of the Community
Development Department only. Additional permits, including Building Permits, may be required
by the Building Department or other City Departments. All Fire Department, Engineering
Department and Building Department conditions shall be verified through the standard plan check
process. It is the property owner or applicant's responsibility to obtain all necessary permits
required for the type of project proposed.
If you have any questions regarding this determination, please contact Chris Miller at the
Community Development Department by telephoning (760) 633-2718.
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Patrick Murphy,
Community Development Director