2005-036CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2005-36
May 3, 2005
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:
05-010 CDP (Applicant: Barratt American: Lot #3) - Coastal Development Permit request to
build a custom residence on Lot 3 of the Nantucket development site.
(APN: 216-052-09: Vacant lot: Paxton Way)
Project Description and Discussion: The applicant is proposing to construct a new, two-story
residence on a lot located in the R-3 zone. The proposed residence will measure approximately
4,600 square-feet in size. The subject lot was created with the approval of Tract Map No. 03-009,
in which the Encinitas Planning Commission approved a 9-lot subdivision that included grading for
development.
A standard public notification was issued for the project, with 2 letters of concern received from
neighbors. Concerns raised centered on the bulk and mass of the proposed second-story, potential
rodent infestation during grading activities, and on-site drainage. These letters were forwarded to
Barratt American representatives and were also discussed with the property owners at the
neighborhood Citizen Participation Program (CPP) meeting that was held on February 16, 2005.
Copies of these letters and a response from Barratt American are on file at City Hall.
The applicant has indicated that they will handle rat extermination. The City's Engineering
Department has conditioned the approval of Tract Map 03-009 with numerous engineering
conditions, including conditions for on-site drainage improvements and related infrastructure.
This home has been found to be exempt from Design Review (Chapter 23.08 of the Encinitas
Municipal Code), as each home within the development incorporates a different building footprint,
orientation, floor plan layout, color scheme, and exterior design elements. The proposed home
meets the development standards for the R-3 zone, including standards for building height, building
size (floor area ratio) and lot coverage. Each proposed home within this development will be a
custom design, as defined within the Encinitas Municipal Code
Municipal Code Section 30.80 permits residential dwellings in the coastal zone provided the
following findings can be made:
cm/g:NOD/05010cdppbd
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 and
accessory units in 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. The project will
comply with the applicable development standards (lot coverage, setbacks, floor area ratio, height etc.)
as per the Encinitas Municipal Code and the goals and policies contained in the General Plan. 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 Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303(a).
This approval is subject to the following conditions:
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
G5 Approval of this request shall not waive
Code and all other applicable City regu]
issuance unless specifically waived herein.
compliance with any sections of the Municipal
itions in effect at the time of Building Permit
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.
cm/g:NOD/05010cdppbd
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 Planning 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.
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, May 3, 2007 at 5:00 pm, or the
expiration date of any extension granted in accordance with the Municipal Code, the City
may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC6 This project is conditionally approved as set forth on the application and project plans
consisting of a Site Plan, Floor Plans, Exterior Elevations, and a color board all designated
as approved by the Planning and Building Director on May 3, 2005, and shall not be altered
without express authorization by the Planning Department.
SCA The future homeowners and any and all successors shall plant and maintain the planting
strips proposed on Andrew Avenue and Paxton Way. The plantings shall be consistent with
the front yard landscaping of the subject lots (Lots 1-7and 9). Additionally, an
encroachment permit shall be required for the plantings. No fencing shall be placed within
the right-of-way.
SCB Prior to final inspection, all existing and proposed fencing shall comply with the fence
standards of the Encinitas Municipal Code, Section 30.16.010(F).
SCC Prior to issuance of building permits, a covenant for the affordable housing unit (Lot 8) shall
be executed and recorded, pursuant to conditions of approval for Tract No. 03-009.
cm/g:NOD/05010cdppbd
B1 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 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 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):
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.
F4 DEAD ENDS: All dead-end fire apparatus access roadways in excess of 150 feet in
length shall be provided with a Fire Department approved turnaround. Access roads
serving more than four (4) dwelling units shall be provided with a cul-de-sac. The cul-
de-sac shall have a minimum paved radius of not lees than 36 feet, curb line to curb line,
or edge of pavement to edge of pavement where no curbs are proposed. Alternate types
of turnarounds may be considered by the Fire Marshal as needed to accomplish the
purpose of the Fire Code.
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
cm/g:NOD/05010cdppbd
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
approach of emergency apparatus. All automatic gates must meet Fire Department
requirements for rapid, reliable access.
F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire
hydrants, roadways, or similar features, shall be required to provide a map in a format
compatible with current Department mapping services, and shall be charged a reasonable
fee for updating all Fire Department response maps.
F8 CONSTRUCTION MATERIALS: Prior to the delivery of building construction
materials to the project site, all of the following conditions shall be completed to the
satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate
inspecting department or agency.
2. As a minimum, the first lift of asphalt paving shall be in place to provide a
permanent all weather surface for emergency vehicles.
3. All fire hydrants shall be installed, in service, and accepted by the Fire
Department and applicable water district.
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Fire
Department standards.
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways -shall
be a minimum of 24 feet in width during construction and shall be maintained clear,
including the parking of vehicles, in accordance with the Uniform Fire Code and the
Encinitas Fire Department.
Fl l FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a
type, number, and location satisfactory to the Encinitas Fire Department. A letter from
the water agency serving the area shall be provided that states the required fire flow is
available. Fire hydrants shall be of a bronze type. Commercial fire hydrants shall have
two (2) 4" outlets and one (1) 2 outlet. Residential fire hydrants shall have one (1) 4"
outlet and one (1) 2 %2" outlet. A two-sided blue reflective road marker shall be installed
on the road surface to indicate the location of the fire hydrant(s) for approaching fire
apparatus.
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
cm/g:NOD/05010cdppbd
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.
E1 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.
EG1 Grading Conditions
EG14 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.
ESW1 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/ 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.
cm/g:NOD/05010cdppbd
Engineering Special Conditions
ESC1 This project was conditioned as apart of Tract 03-009. The development shall comply
with the conditions of approval of the TM.
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. This
decision is not appealable to the Coastal Commission.
If you have any questions regarding this determination, please contact Christopher Miller or Bill
Weedman at the Planning Department by telephoning (760) 633-2710.
Patrick Murphy,
Planning and Building Director
cm/g:NOD/05010cdppbd