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2004-048 CITY OF ENCINIT AS PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2004-48 May 3, 2004 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: 04-036 CDP (Reindel) - Coastal Development Permit request for the construction of a two-story, single-family residence. The existing residence will be converted to an accessory unit. Location: 93 Sunset Drive (APN: 256-420-20) Project Description and Discussion: The applicant is requesting approval to construct a new, two- story, single-family residence on a lot located in the N-R3 zone. The site is located off the east side of Sunset Drive. The project consists of a proposed 5,3005 square-foot residence and includes an approximate 900 square-foot garage. The existing one-story residence will be converted to an accessory unit. Some grading will be required for the construction of the new residence. A standard public notification was issued for the project, with one (1) letter of concern received from neighbors that own property off Arroyo Drive (east of the project site). Both of these property owners are concerned with potential obstruction of their views of the ocean with the proposed construction of this new home. The proposed residence is designed with a hipped roof which will not exceed a maximum ridge height of26'-0". Because the residence has been designed within the height limits, Staff can not require the applicant to redesign the home to take adjacent views into consideration, as the City of Encinitas does not have a view preservation ordinance for homes designed in conformance with the Municipal Code. As designed, the proposed residence is in compliance with the height standards contained within Section 30.16.01O(B)(7). 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 crrJfi04-036dppbd04 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 NR-3, which permits proposed single-family dwelling units, with accessory 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 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 crrJfi04-036dppbd04 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 May 3, 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, Exterior Elevations, all designated as approved by the Planning and Building Director on May 3, 2004, and shall not be altered without express authorization by the Planning Department. SCA Prior to issuance of building permits, all chimneys, chimney caps and spark arresters shall be designed in conformance with Section 30.16.010(B)(7)(c) of the Encinitas Municipal Code. Bl BUILDING CONDITION(S): CONTACT THE ENCINITAS BmLDING DMSION 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. Encineerin2: Special Conditions 1. No encroachment into the public right-of-way will be permitted. The existing slope shown on the CDP exhibit shall be regraded in such a manner that the toe of the new slope is located entirely on the private property. crrJfi04-036dppbd04 2. The applicant shall dedicate an additional 1 0 feet of right-of-way along the property frontage to North Vulcan for a total right-of-way width of 50 feet. 3. No Best Management Practice Measures are shown on the CDP exhibit. The applicant shall provide storm water pollution control facilities to treat the storm water runoff discharging from the private drive before it leaves the site and enters the public storm drain system. All BMP areas shall be clearly denoted with a symbol and shall bear the note, "Landscape areas for BMP not to be modified without a permit from the City". ED 1 Drainae: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 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. EG 1 Gradine: 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 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 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. crrJfi04-036dppbd04 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. The report shall be approved prior to building permit issuance/at first submittal of a grading plan, as applicable. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EGlO 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 ofthe 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. 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 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. EU4A The existing overhead utilities service to the property shall be undergrounded. 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 crrJfi04-036dppbd04 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 Grading/Permit Site plan. Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Access roads shall be designed and maintained to support the imposed loads of fire apparatus. Minimum design load is 65,000 lbs. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed. F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the installation of automatic fire sprinkler systems appropriate to the structures and uses served. The angle of departure and angle of approach of a fire access roadway shall not exceed 7%. F6 GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. All automatic gates across fire access roadways shall be equipped with approved emergency key operated switches overriding all command functions and opening the gate(s). Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, educational, or assembly occupancy group structures shall also be equipped with approved emergency traffic control activating strobe light sensor(s) which will activate the gate on the crrJfi04-036dppbd04 approach of emergency apparatus. All automatic gates must meet Fire Department requirements for rapid, reliable access. 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. 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. 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 decision is not appealable to the California Coastal Commission. 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. ~w~4- Patrick Murphy, Planning and Building Director cilVfi04-036dppbd04