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2004-003 CITY OF ENCINIT AS PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2004-03 January 12, 2004 This letter is to inform you that the Planning and Buildmg Director has approved your application for the following Administrative Permit for property located in the City of Encinitas: 03-087 CDP (Esh) - Coastal Development Permit request for the construction of a new, single- family residence with a detached accessory unit. 521 Ocean View Ave. (APN: 256-152-41) Project Description and Discussion: The applicant is requesting approval to construct a new, one- story, single-family residence in the R-3 zone. The project will also incorporate an accessory unit with separate kitchen that will measure approximately 750 square-feet in size. The site is known as Parcel 2 of PM 16945 and is serviced offan access easement. 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 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. 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 cmlf/03-087cdppbd04 Encinitas, and that required fmding #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 Qualitv 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. 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: SC2 This approval will expire on January 12,2006, 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 January 12, 2004, and shall not be altered without express authorization by the Planning Department. cmlf/03-087cdppbd04 !. SCA Prior to issuance of building permits, any outstanding issues regarding the access easement shall be resolved between the property owner and the Encinitas Fire Department. CONTACT THE. SAN DIEGillTO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SCB The District will require that water meters be located outside of any existing or proposed driveways. SCC The owner/developer will be required to show all proposed water facilities on improvement or grading plans for District review and approval. SCD The owner/developer is required to comply with the District's fees, charges, rules and regulations. Bl BillLDING 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 a Soils/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 planes), 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. 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 permit issuance shall apply. Enlrlneerinl! Special Conditions 1. Sewer service is available near this property location. The applicant shall connect to the sanitary sewer. The sewer main shall be extended along the property frontage. However, if such a main extension would not serve any properties beyond the subject property, the sewer main extension requirement may be waived by the City Engineer. 2. Storm water runoff from this property flows onto the adjacent property to the east. The applicant shall mitigate the drainage impact of the proposed development to the pre- cmlf/03-087cdppbd04 development condition. The mitigation design shall conform to Engineering Standard Condition ED8. Additionally, the applicant shall execute a hold harmless agreement for the stormwater flows in conformance with Engineering Standard Condition ED6. EG 1 Gradinl! Conditions EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defmed 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 of the 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. EG6 A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2: 1. EG8 A soils/geologica1/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be approved prior to building permit issuance/at first submittal of a grading plan, as applicable. EGlO In accordance with Section 23.24.370 (A) of the 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 Drainal!e Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. 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 cmlf/03-087cdppbd04 lands, shall be required. Said drainage system shall include any easements and structures 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. ES 1 Street Conditions ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction ofthe Engineering Services Director. ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner 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. ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner 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 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. cmlf/03-087cdppbd04 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 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. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the GradinglPermit Site plan. 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. ~.~ft-- - patri~k - urphy, Planning and Building Director cmlf/03-087cdppbd04