2003-008 - EG
City of Encinitas
CO~TYDEVELOPMENTDEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2003-008
January 23, 2003
This letter is to inform you that the Director of Community Development has approved your
application for:
02-177 MIN/CDP (Mansour) - A request for a Minor Use Permit and Coastal
Development Permit for the construction of a new single family residence with a detached
garage that exceeds 12 feet in height. This property is located in the R-11 (Residential 11)
Zone and within the Coastal Zone. (APN: 261-092-04-00).
Project Description and Discussion: The subject property is currently developed with a one-
story, single-family residence. The property slopes gradually down to Montgomery Avenue from
the alley abutting the most easterly property line. The applicant proposes to construct a new 2,956
square-foot single family residence with a 434 square-foot detached garage that is 16.5 feet in
height.
Pursuant to Municipal Code Section 30.48.040B, detached garage is limited to 1 story not to exceed
12 feet maximum height if within the side or rear setback area. Additional height may be allowed
with the issuance of a Minor Use Permit. Minor Use Permits are processed in accordance with
Municipal Code Section 30.74 (Use Permits). The height of any proposed structure is measured
from the lower of natural or finished grade pursuant to Municipal Code Sections 30.04 and
30.16.01OB7. The proposed dwelling unit and the detached garage is within the sixteen (16) feet
height limit above the crown of the alley, which is required for lots with greater than ten (10)
percent slope. But the detached garage is 16.5 feet in height from the natural grade (lower than
the finished grade), which exceeds the allowable height of twelve (12) feet. Both structures
comply with all other applicable development standards 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. 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.
The applicant conducted a Citizen Participation Plan meeting on September 19,2002 at the subject
property. The common concern for the five citizens in attendance of the meeting was primarily
focused on the height of the rooftop deck railing. The applicant addressed this issue by revising the
application to reflect a standard pitched roof, without a rooftop deck, in compliance with Section
30.16.01OB7 of the Municipal Code. A standard public notification was issued for the Minor Use
and Coastal Development Permit application, which allowed for a 20-day comment period. No
comments received during the review period. The Community Development Department conducted
a public hearing on December 16, 2002. The applicant, property owner, and two neighbors
appeared at the hearing to present testimony, all in favor ofthe project.
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This approval is based on the following fmdings:
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 fmdings 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 ofthe 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 requests the approval of a Minor Use Permit and Coastal
Development Permit to allow the construction of a new single family residence with a
detached, 434 square foot garage that is 16.5 feet in height. Pursuant to Section
30.48.040B of the Municipal Code, detached private garages are an allowed accessory
use to a single-family residence. 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.
Discussion: The Community Development Department has conducted an analysis of the
application, plans, and project site and has not identified any significant adverse impact
to the subject property or surrounding properties which could result from the proposed
use. All necessary facilities are in place to serve the project. The detached garage will be
used in conjunction with and be compatible with the new single-family residence, which
is typical for the area and a use that is permitted by right in the subject Rll Zone. The
project is exempt from environmental review pursuant to CEQA Guidelines Section
15301(1)(1) and 15303(a), and will not result in a harmful effect on the environment or
any natural resources.
Conclusion: The proposed project is compatible with the existing use on the subject
property and neighboring properties, and will not adversely affect or be materially
detrimental to adjacent uses or natural resources. .
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.
Facts: The applicant requests the approval of a Minor Use Permit and Coastal
Development Permit to allow the construction of a new single family residence with a
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detached garage that will exceed the maximum 12 feet in height allowed for detached
structures. Pursuant to Municipal Code Section 30.48.040B, detached garage is limited to 1
story not to exceed 12 feet maximum height if within the side or rear setback area.
Additional height may be allowed with the issuance of a Minor Use Permit, which is
processed in accordance with Municipal Code Section 30.74 (Use Permits). The
proposed single family dwelling unit and detached garage complies with all other
applicable development standards 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. 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. '
Discussion: With the approval of the Minor Use Permit application as conditioned, the
proposed use complies with all applicable development standards. All applicable utilities
and services are in place to support this development. The proposed use will have no
adverse impact to the policies ofthe General Plan or provisions ofthe 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 as conditioned, the project as proposed will comply with all
regulations, conditions, and policies of the Municipal Code.
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 ofthe 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 the approval of a Minor Use Permit and Coastal
Development Permit to allow the construction of a new single family residence with a
detached garage that will exceed the maximum 12 feet in height allowed for detached
structures. Pursuant to Municipal Code Section 30.48.040B, detached garage is limited to 1
story not to exceed 12 feet maximum height if within the side or rear setback area.
Additional height may be allowed with the issu'ance of a Minor Use Permit, which is
processed in accordance with Municipal Code Section 30.74 (Use Permits). The
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proposed single family dwelling unit and detached garage complies with all other
applicable development standards 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. 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.
Discussion: Related to finding No.1, with the issuance ofthe Minor Use Permit and Coastal
Development Permit, the project complies with or is conditioned to comply with the City's
Local Coastal Program and the Municipal Code. Related to finding No.2, no potentially
significant adverse impacts to the environment are associated with the proposed project, and
the project is categorically exempt from environmental review pursuant to Section 15303(e)
of the California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is
inapplicable since the project is not located between the sea or other body of water and the
nearest public road.
Conclusion: The Community Development Department finds 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 is
categorically exempt from environmental review pursuant to Section 15303( e) of the
California Environmental Quality Act (CEQA) Guidelines; and 3) finding No.3 is not
applicable to the project since the project site is not located between the sea or other bodyof
water and the nearest pul?lic road.
Environmental Review: The project is determined to be exempt from Environmental Review as
per Section 15301(1)(1) and 15303(a) of the California Environmental Quality Act Guidelines,
which exempts the construction of new, small structures appurtenant to an existing use.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on January 23,2005 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 January 8, 2003, consisting of 5 sheets including Site Plans,
Floor Plans, Roof Plan and Elevations, all designated as approved by the Community
Development Director on January 23, 2003, and shall not be altered without express
authorization by the Community Development Department.
SCA The detached garage shall not be used for dwelling purposes of any kind, nor converted for
such use, and no cooking or sanitary facilities shall be installed without proper submittal,
review, and approval of a building permit application for such conversion or installation.
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SCB The building permit application for the detached garage shall provide a note on the plans
stating ''Not for dwelling purposes of any kind."
Gl STANDARD CONDITIONS:
CONTACT THE CO~TY 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.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Community Development
Director.
G5 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.
G 10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally
designed in a manner similar to, and consistent with, the primary structures (e.g. stucco-
coated masonry, split-face block or slump stone). These items shall be approved by the
Community Development Department prior to the issuance of building and/or grading
permits.
G 13 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.
B1 BIDLDING CONDITION(S):
CONTACT THE ENCINITAS BmLDING 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 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 height of the address
numbers shall conform to Fire Department Standards.
Fl8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EG 1 Gradin2: Conditions
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 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 Engineering Services Director and
verify compliance with Chapter 23.24 ofthe Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. Such report shall be submitted and
approved: Prior to building permit issuance/At first submittal of a grading plan, as
applicable.
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EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The developer shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
EGI0 In accordance with Section 23.24.370 (A) ofthe Municipal Code, no grading permit shall be
issued for work occurring between October 1 st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ED 1 Draina2e Conditions
ED2 The developer shall exercise special care during the construction phase of this project to
prevent any offsite siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the 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 developer 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.
ED3 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.
ED5 The developer shall pay the current local drainage area fee prior to approval ofthe final map
for this project or shall construct drainage systems in conformance with the Master Drainage
Plan and City of Encinitas Standards as required by the Engineering Services Director.
ES 1 Street Conditions
ES5 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.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way improvements.
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ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
EUl Utilities
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
Special Conditions
1. Best Management Practice shall be utilized for storm water pollution control to
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. Hardscape areas and driveways shall be
sloped toward grass and landscaped areas. Driveways with a grass or gravel lined swale
in the middle can be used if site topography does not allow discharge of driveway runoff
over landscape areas. Roof drains shall be located so as to discharge onto landscape
areas. Grading plan shall identify all landscape areas designed for storm water pollution
controL
2. The proposed driveway shall be sloped to allow positive drainage onto the alley at the
easterly property boundary. The area between the alley pavement and the easterly
property line shall be graded up 2% from the street level to prevent alley runoff from
entering into the private property.
3. A minimum clear distance of 9 feet shall be maintained between the garage door/ wall
and the alley right-of-way to allow the proper turning radius.
4. The applicant shall obtain a permanent encroachment covenant for the staircase proposed
in the public right-of-way on Montgomery Avenue.
5. The area between the existing pavement edge of Montgomery Avenue and the property
line shall be graded up 2% from the pavement edge to the property line and reinforced
with geosynthetic material to prevent erosion.
6. The applicant shall submit a soils report addressing the design of the building foundation
and the proposed garage foundation on the slope at the easterly property boundary. The
Engineering Department geotechnical consultant must approve the application prior to
approval of the grading permit..
7. The existing and proposed utilities serving the property shall be undergrounded.
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This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits and Grading Permits, may be required by the Building and
Engineering Department, or other City Departments. It is the property owner's responsibility to
obtain all necessary permits required for the type of proj ect proposed.
In accordance with the provisions of Municipal Code Section 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 filing fee, prior to 5:00 p.m. on the 15th calendar day following the
date of this notice of decision. This decision may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Roy Sapau at the Community
Development Department by telephoning (760) 633-2734.
~ ubJM..~ ~r-
Patrick Murpby
Community Development Director
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