2003-100
CITY OF ENCINIT AS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2003-100
December 2, 2003
This letter is to inform you that the Planning and Building Director has approved your application
for the following Administrative Permit for property located in the City of Encinitas:
03-190 CDP (Owner: Werner) - Coastal Development Permit request for the construction of a
single-family residence. (APN: 216-052-11)
Project Description and Discussion: The applicant is requesting approval to construct a two-story
residence on a vacant lot located in the R-3 zone. The project site is located on the east side off
Andrew Avenue in Leucadia. The subject lot is known as Parcel 2 of Parcel Map No. 19239.
A standard public notification was issued for the project, with no letters of concern received from
the neighbors.
Municipal Code Section 30.80 permits residential dwellings in the coastal zone provided the
following [mdings 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 finding 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. Since the project complies with all
applicable provisions of the City's Municipal Code and General Plan, the Planning and Building
Department finds 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
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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 Oualitv 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:
G 1 STANDARD CONDITIONS:
CONTACT THE PLANNING 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.
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 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 Planning Department and Engineering
Services Departments. The applicant is advised to contact the Planning 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.
SCl SPECIFIC CONDITIONS:
SCA Prior to issuance of building permits, all ridge lines and architectural projections (including
chimneys, caps and spark arresters) shall be designed, and graphically depicted on project
building plans, to meet Section 30. 16.01O(B) 7 of the Encinitas Municipal Code, regarding
height limits.
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SCB Prior to issuance of building permits, the garage space designated on the floor plan as a
"compact" space, shall be designed to meet Encinitas Municipal Code standards for garage
depth and width. Additionally, the proposed two-car garage shall meet the minimum depth
standards. This shall be verified through the standard plan check process.
SC2 This approval will expire on December 2,2005, 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 plans
consisting of a Site Plan, Floor Plans and Exterior Elevations, all designated as approved by
the Planning and Building Director on December 2,2003, and shall not be altered without
express authorization by the Planning Department.
El 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.
ESCl Currently, the properties west of Sheridan Avenue on the north side of Andrew Avenue are
naturally sloped to drain to the North. Re-grading the properties to discharge onto Andrew
would require construction of fill slopes on the order of 6-1 0 feet deep. Since the construction of
a large embankment would be out of phase with the character of the community and was
therefore not pursued by the Planning Commission, the only way to handle the drainage through
multiple properties is to design a controlled private drainage system to run across the northerly
property of the proposed Parcel Maps. In order to assure proper handling of the drainage
through the applicant's property as well as through the adjacent properties, a private drainage
easement at least five-feet wide shall be granted along the northerly property boundary of the
project site. This drainage easement will provide opportunity for a newly proposed Parcel Map
to the East of this property to construct a drainage system that meets the current City of Encinitas
private storm drain requirements.
The easement shall be granted prior to issuance of a building permit for this project. At the time
of Tentative Parcel Map approval, this private easement was not required to be provided since no
development was proposed to the east at that time. With a new Parcel Map proposed to the East
on Andrew, there is an opportunity here to construct a drainage system that will satisfy the needs
of several properties to the North on Andrew.
ED 1 Draina2:e Conditions
ED2 The owner shall exercise special care during the construction phase of this project to prevent
any off site siltation. The owner shall provide erosion control measures and shall construct
temporary desiltation/detention basins of type, size and location approved by the
Engineering Services Director. The basins and erosion control measures shall be shown and
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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 by 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 site, and all surface waters that may flow onto the project site 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 owner shall pay the current local drainage area fee prior to issuance of the building
permit 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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the grading or building permit for
this project.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
EG 1 Gradinl! Conditions
EG 14 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 requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm water pollution control, and on-site pavement.
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.
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EUl Utilities
EU2 The owner shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESWl 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 rip-rap 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/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.
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 Planning
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. Zoning
compliance shall be verified through the 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 Christopher Miller at the
Planning Department by telephoning (760) 633-2710.
~~
Patrick Murpl&,
Planning and Building Director
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