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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. TGM/PBD/g;\Nod\05-089mincdp.nod - 1 - 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. TGM/PBD/g:\Nod\05-089mincdp.nod -2- 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 TGM/PBD/g:\Nod\05-089nincdp.nod -3- 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. TGM/PBD/g:\Nod\05-089mincdp.nod -4- 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. TGM/PBD/g:Wod\05-089mincdp.nod -5- 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 TGM/PBD/g:\Nod\05-089mincdp.nod -6- 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: TGM/PBD/g:\Nod\05-089mincdp.nod -7- 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 TGM/PBD/g:\Nod\05-089mincdp.nod -8-