2005-063City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2005-63
August 29, 2005
This letter is to inform you that the Planning and Building Director has approved your application
for:
05-089 MIN/CDP (Clarke) - A request for a Minor Use Permit and Coastal Development
Permit to allow for a proposed detached single story garage of 473 square feet in area to
exceed the height allowance of 12' for detached garages in the side and rear yard setbacks,
for a total of 13'-6" in height from the existing pad elevation. This property is located at 439
Puebla Street, R3 (Residential 3) Zone and within the Coastal Zone. (APN 256-151-49)
Project Description and Discussion: The applicant requests approval of a Minor Use Permit and
Coastal Development Permit to allow for the construction of a detached single story garage of 473
square feet in area, to exceed the height allowance of 12' for detached garages in the side and rear
yard setbacks, for a total of 13'- 6" in height from the existing pad elevation. As per Section
30.48.040B3, Accessory Use Regulations of the Encinitas Municipal Code, additional height
may be permitted by issuance of a Minor Use Permit.
An existing single family residence of 3,838 square feet is on the site, approved as per 04-063
CDP. An existing one-car garage of 320 square feet is attached to the residence. The proposed
lot coverage including the detached garage will be at 34%. The proposed detached structure is
13'-6" tall measured from the existing pad elevation approved as per grading plan G-9041.
The garage will be located five (5) feet off of the rear (south) and side (west) property lines. One
(1) window and one (1) door will face east toward the interior of the residence. No windows or
openings will be facing the properties to the west and south. The neighboring property to the
west has a fence and retaining wall on the property line between the two (2) properties and
adjacent to the proposed garage. The garage door faces north toward Puebla Street and is
approximately eighty (80) feet back from the front property line. All materials proposed match
the existing house. No adverse or detrimental impacts to the site, surrounding properties, or
neighborhood would occur due to the proposed development.
The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code. Three (3) neighbors attended the meeting on July 23, 2005, but no objections
or comments were received. A standard public notification was issued for the Minor Use Permit
application, which allowed for a 20-day comment. period. The Planning and Building
Department conducted an Administrative Public Hearing on August 22, 2005. No members of
the public appeared at the public hearing to give testimony and no other comments were received
prior to the close of the comment period.
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This approval is based on the following findings:
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 findings 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
proj ect;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
The harmful effect, if any, upon environmental quality and natural resources of
the city;
Facts: The applicant requests approval of a Minor Use Permit and Coastal Development
Permit to allow for the construction of a detached single story garage of 473 square feet in
area, to exceed the height allowance of 12' for detached garages in the side and rear yard
setbacks, for a total of 13'- 6" in height from the existing pad elevation. As per Section
30.48.040B3, Accessory Use Regulations of the Encinitas Municipal Code, additional
height may be permitted by issuance of a Minor Use Permit.
Discussion: The Planning and Building Department has conducted an analysis of the
application and has not identified any significant adverse impact to the subject property
or surrounding properties which could result from the proposed use. The proposed
detached structure is 13'-6" tall measured from the existing pad elevation approved as per
grading plan G-9041. The garage will be located five (5) feet off of the rear (south) and
side (west) property lines. One (1) window and one (1) door will face east toward the
interior of the residence. No windows or openings will be facing the properties to the
west and south. The neighboring property to the west has a fence and retaining wall on
the property line between the two (2) properties and adjacent to the proposed garage. The
garage door faces north toward Puebla Street and is approximately eighty (80) feet back
from the front property line. There are no environmental issues associated with the
project, which the City has determined is exempt from environmental review pursuant to
CEQA Guidelines Section 15303(e).
Conclusion: The Planning and Building Director finds that 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.
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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 approval of a Minor Use Permit and Coastal Development
Permit to allow for the construction of a detached single story garage of 473 square feet in
area, to exceed the height allowance of 12' for detached garages in the side and rear yard
setbacks, for a total of 13'- 6" in height from the existing pad elevation. As per Section
30.48.040B3, Accessory Use Regulations of the Encinitas Municipal Code, additional
height may be permitted by issuance of a Minor Use Permit.
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 of the General Plan or provisions of the Municipal Code.
Conclusion: The Planning and Building Director finds that 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 findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
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 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
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 approval of a Minor Use Permit and Coastal Development
Permit to allow for the construction of a detached single story garage of 473 square feet in
area, to exceed the height allowance of 12' for detached garages in the side and rear yard
setbacks, for a total of 13'- 6" in height from the existing pad elevation. As per Section
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30.48.040133, Accessory Use Regulations of the Encinitas Municipal Code, additional
height may be permitted by issuance of a Minor Use Permit
Discussion: Related to finding No. 1, with the approval of the Minor Use Permit request,
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 Planning and Building Director 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 body of water and the nearest public road.
Environmental Review: The project has been determined to be exempt from environmental
review pursuant to Section 15303(e) of the California Environmental Quality Act (CEQA)
Guidelines. Section 15303(e) exempts accessory (appurtenant) structures including garages,
carports, patios, swimming pools, and fences.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, August 29, 2007, at 5:00 p.m., 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 drawings
stamped received by the City on August 4, 2005, consisting of two (2) sheets including Site
Plan, Floor Plan, and Elevations/Roof Plan, all designated as approved by the Planning and
Building Director on August 29, 2005, and shall not be altered without express authorization
by the Planning and Building Department.
SCA No runoff shall be allowed to discharge onto the adjacent private property. The applicant
shall provide a drainage system to safely route all storm water runoff from the project site
onto Puebla.
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SCB All runoff from the proposed driveway shall discharge via the proposed landscape swale to
Puebla. The proposed landscape strip belt shall be extended to the property boundary to
assure adequate treatment of the storm water runoff generated on the private driveway. The
landscape strip shall be designated as, "Landscape area to be privately maintained and not to
be modified without a permit from the City".
SCC Prior to building permit issuance, the applicant shall cause a covenant restricting the garage
to be used as a habitable dwelling unit for overnight sleeping accommodations. Said
covenant shall be of a form and content satisfactory to the Planning and Building Director.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 owner 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 Planning and
Building Director. The Owner(s) agree, in acceptance of the conditions of this approval,
to waive any claims of liability against the City and agrees to indemnify, hold harmless
and defend the City and City's employees relative to the action to approve the project.
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.
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 Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
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.
U2 In the event that any of the conditions of this pen-nit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
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U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal of
an amendment. to the use permit and approval by the authorized agency.
BI BUILDING CONDITIONS:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
132R 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.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EGl 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.
EDl Drainage Conditions
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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.
EU1 Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
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 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 Permit Site plan.
F1 FIRE CONDITIONS:
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CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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.
This notice constitutes a decision of the Planning & Building Department only. Additional permits,
including Building Permits, may be required by the Building Division or other City Departments. It
is the property owner's responsibility to obtain all necessary permits required for the type of project
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 the appropriate filing fee, prior to 5:00 p.m. on the 15th calendar day
following the date of this notice of decision. The action of the Planning and Building Director may
not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Todd Mierau at the Planning
and Building Department by telephoning (760) 633-2693.
Patrick Murphy
Planning & Building Director
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