2002-102 - EGCity of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2002-102
November 7, 2002
This letter is to inform you that the Director of Community Development has approved your
application for:
02-070 ADR/MIN (Hsieuh) - A request for an Administrative Design Review Permit to
construct one single-family residence to a maximum height of 30 feet, which exceeds the
standard height of 26 feet permitted for residential structures. The applicant also requests a
Minor Use Permit to construct an attached 1,120 square foot garage, which exceeds the
maximum area of 1000 square feet permitted by right. This property is located at 3319
Wildflower Valley Drive in the RR (Rural Residential) zone. (APN 264-091-64)
Project Description and Discussion: The applicant requests .approval to construct a 6,673
square foot, two-story single-family dwelling with an attached 1,120 square foot four-car garage.
The proposed residence, with a maximum height of 30 feet, exceeds the standard height limit of
26 feet to the peak of a roof. With the exception of two tower elements, the roof plate heights
comply with the standard height limit of 22 feet. The attached 1,120 square foot garage exceeds
the permitted maximum area of 1000 square feet. The top of the chimney will not exceed 30
feet, 2 feet above the standard height limit of 28 feet for chimneys. The proposed project is
located on Parcel 1 of Parcel Map 18554. All grading was approved and constructed in
conjunction with the Parcel Map. The Parcel Map also established the pad heights from which
future construction would be measured. The proposed residence will utilize the graded pad as
approved.
Request to Exceed the Standard Height Limit: Pursuant to Municipal Code Section
30.16.O1OB7, the standard height limit for residential buildings is 22 feet or two stories,
whichever is less. An allowance of 4 additional feet, to a maximum height of 26 feet, is
provided for projections such as hips and gables of a sloped roof, chimneys, towers, etc.
However, with the approval of an Administrative Design Review Permit, structures may be
approved to a maximum height of 30 feet if it can be found that the portion of the building that
exceeds the standard height limit maintains some of the significant views enjoyed by
surrounding residents, and that the building is compatible in bulk and mass with buildings on
neighboring properties.
Community Development Department staff visited the project site and determined that the
proposed dwelling would not have a significant impact to views and is compatible with
dwellings on neighboring properties. The adjacent properties to the east, west and south are
currently vacant. Because of the large size of the lots in the area, the nearest future homes would
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be located a good distance from the proposed residence. Existing homes to the north sit at a
significantly higher elevation than the subject property. Variation in the topography of the area
provides vertical and horizontal separation between building sites, which allows for the
preservation of backcountry view corridors. The large size of the proposed residence is
compatible with the estate-style development in the area.
Minor Use Permit: Pursuant to Municipal Code Section 30.48.040A, attached private garages
are an allowed accessory use to asingle-family residence, and area in excess of 1000 square feet
may be permitted with the issuance of a Minor Use Permit, processed in accordance with
Municipal Code Section 30.74 (Use Permits). The proposed attached garage complies with all
other applicable development standards including setbacks, and, along with the proposed single-
family residence, 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. Staff visited the subject site and determined that the proposed project will not
have an adverse effect on adjacent uses, natural resources, or any policy or provision of the
Encinitas General Plan or Municipal Code. Since the proposed dwelling exceeds 2500 square
feet in floor area, three off-street parking spaces are required. The attached garages provide four
side-by-side parking spaces.
A standard public notification was issued for the Administrative Design Review and Minor Use
Permit application, which allowed fora 20-day comment period. A Community Development
Department administrative hearing was held November 4, 2002. No members of the public
attended the hearing and no other comments were received.
This approval is based on the following fmdings:
FINDINGS FOR ADMINISTRATIVE DESIGN REVIEW
TO EXCEED THE STANDARD HEIGHT LIMIT
STANDARD: Section 30.16.O1OB7 of the Municipal Code provides that residential buildings
that exceed the standard height envelope may be approved to a maximum height of 30 feet
through the Administrative Design Review process if the following fmdings can be made:
1. The portion of the building outside the standard height maintains some of the significant
views enjoyed by residents of nearby properties; and
2. The building is compatible in bulk and mass with buildings on neighboring properties.
Facts: The applicant requests approval to construct a 6,673 square foot, two-story single-family
dwelling with an attached 1,120 square foot garage. The proposed residence, with a maximum
height of 30 feet, exceeds the standard height limit of 26 feet to the peak of a roof. With the
exception of two tower elements, the roof plate heights comply with the standard height limit of
22 feet. The top of the chimney will be at a maximum height of 30 feet, 2 feet above the
standard limit of 28 feet for chimneys.
Discussion: The project is located in an area that primarily consists of large, estate-style homes on
large lots. The proposed dwelling is compatible in bulk and mass with the buildings on neighboring
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properties. The proposed height of the structure will not significantly impact views from nearby
properties because the large separation between building sites minimizes any impact to views.
Additionally, variation in the topography of the area provides vertical and horizontal separation
between building sites, which allows for the preservation of backcountry view corridors.
Conclusion: Community Development Department staff visited the subject site and determined that
the portion of the proposed single-family dwelling that exceeds the standard height envelope will
not significantly impact views from surrounding properties, and that the proposed dwelling is
compatible in bulk and mass with buildings on neighboring properties.
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability of the site for the type and intensity of use or development which is
proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of the
city;
Facts: The applicant proposes to construct an attached 1,120 square foot garage in
conjunction with the construction of a 6,673 square foot single-family residence.
Pursuant to Municipal Code Section 30.48.040A, attached private garages are an allowed
accessory use to asingle-family residence, and area in excess of 1000 square feet may be
permitted with the issuance of a Minor Use Permit.
Discussion: All necessary facilities are in place to serve the project. The attached garage
will be compatible with the proposed large, estate-style, single-family residence, which is
typical for the area and a use permitted by right in the subject RR Zone. The project is
exempt from environmental review pursuant to CEQA Guidelines Section 15303(a), and
will not result in a harmful effect on the environment or any natural resources.
Conclusion: The proposed garage is compatible with and will have no adverse impact on
adjacent uses.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
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Facts: The applicant proposes to construct an attached 1,120 square foot garage in
conjunction with the construction of a 6,673 square foot single-family residence.
Pursuant to Municipal Code Section 30.48.040A, attached private garages are an allowed
accessory use to asingle-family residence, and area in excess of 1000 square feet may be
permitted with the issuance of a Minor Use Permit.
Discussion: With the approval of the Minor Use Permit application, the proposed
attached garage complies with all applicable development standards including setbacks,
and, along with the proposed single-family residence, 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. The proposed
use will have no adverse impact to the policies of the General Plan or provisions of the
Municipal Code.
Conclusion: The proposed project will not adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code. With approval of the Minor Use
Permit application, the project as proposed will comply with all regulations, conditions,
and policies of the Municipal Code.
Environmental Review:
The project is determined to be exempt from Environmental Review as per Section 15303(a) of the
California Environmental Quality Act Guidelines, which exempts the construction of one single-
familyresidence.
This approval is subject to the following conditions:
SCl SPECIFIC CONDITIONS:
SC2 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.
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on October 28, 2002, consisting of 5 sheets, including Site Plan;
Floor Plan, lst Fl.; Floor Plan, 2na Fl.; and 2 sheets Elevation Plan, all designated as
approved by the Community Development Director on November 7, 2002, and shall not be
altered without express authorization by the Community Development Department.
Gl STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval maybe 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.
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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.
B 1 BUILDING CONDITION(S):
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 aSoils/Geotechnical Report, structural
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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13 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.
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F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM -SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system
designed and installed to the satisfaction of the Fire Department. Plans for the automatic
fire sprinkler system shall be approved by the Fire Department prior to issuance of
building permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
ESWl Storm Water Pollution Control Conditions
ESW4 Priority Projects shall implement a single or a combination of storm water Best
Management Practice methods in order to reduce to the maximum extent practicable the
quantity of pollutants entering the public storm drain system or any receiving body of
water supporting beneficial uses. All Priority Projects shall construct and implement a
structural treatment control BMP, such as natural bio-filtration system or a treatment
detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or
greater than the volume generated by a 0.6" precipitation storm event in a duration of
twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during
each hour of a storm event. The filtration system shall be designed based upon best
management practice standards and must be approved by the City Engineer. A covenant
approved by the City shall be recorded against the property to ensure the professional
maintenance, repair, and replacement of the storm water quality BMP as necessary into
perpetuity. The covenant shall also detail the funding mechanism for the required
maintenance. An IOD for a public storm drain easement shall be offered to the City and
shall cover all storm water treatment facilities and additional areas needed for
maintenance and access. A Permit Site Plan identifying all landscape areas designed for
storm water pollution control (SWPC) and Best Management Practice shall be submitted
to the City for Engineering Services Department approval. 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.
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
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Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1.12, this decision maybe appealed to
the City Council within fifteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by the appropriate filing fee, prior to 6:00 p.m. on the 15th calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
Patrick Murphy
Community Development Director
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