2005-064City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2005-64
August 29, 2005
This letter is to inform you that the Planning and Building Director has approved your application
for:
05-042 MIN/CDP (Monti) - A request for a Minor Use Permit and Coastal Development
Permit to allow for the demolition of an existing 780 square foot two-car, single story
detached garage and replacement with a new 2,160 square foot two story structure,
consisting of a three-car garage (1080 sq. ft.), and hobby shop (1080 sq. ft.). This property
is located at 1605 Caudor Street in the RR2 (Rural Residential 2) Zone and within the
Coastal Zone. (APN 254-162-57)
Project Description and Discussion: The applicant requests approval of a Minor Use Permit and
Coastal Development Permit to allow for the demolition of an existing 780 square foot two-car,
single story detached garage and replacement with a new 2,160 square foot two story structure,
consisting of a three-car garage (1080 sq. ft.), and hobby shop (1080 sq. ft.). The hobby shop is
proposed on the second story, with access received via an internal stair from the first story three-car
garage. As per Section 30.48.040B, Accessory Use Regulations of the Encinitas Municipal
Code, the total area of a detached garage structure on a property may exceed 50% of the
principal residence with the issuance of a Minor Use Permit. As per Section 30.48.040G also in
Accessory Use Regulations; area for any one detached building including hobby shops, when on
the same lot as a detached private garage, can exceed 1,200 square feet or 50% of the living area
of the principal residence, whichever is less, by issuance of a minor use permit. The square
footage of the principal residence is 2,427.
The proposed detached structure is 23'-1 %Z" tall measured from the lower of natural or finished
grade to the heighest portion of the ridge. A proposed deck off of the second story hobby shop
faces west to the interior of the property. The proposed structure meets all required setbacks for
the Rural Residential 2 (RR2) Zoning designation, including height and lot coverage. The
project site is located away from Caudor Street at the end of a long, private easement. 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. Two neighbors attended the meeting 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
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public hearing to give testimony and no other comments were received prior to the close of the
comment period.
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
c. 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 demolition of an existing 780 square foot two-car, single story
detached garage and replacement with a new 2,160 square foot two story structure,
consisting of a three-car garage (1080 sq. ft.), and hobby shop (1080 sq. ft.). The hobby
shop is proposed on the second story, with access received via an internal stair from the first
story three-car garage. As per Section 30.48.040B, Accessory Use Regulations of the
Encinitas Municipal Code, the total area of a detached garage structure on a property may
exceed 50% of the principal residence with the issuance of a minor use permit. As per
Section 30.48.040G also in Accessory Use Regulations, area for any one detached
building including hobby shops, when on the same lot as a detached private garage, can
exceed 1,200 square feet or 50% of the living area of the principal residence, whichever
is less, by issuance of a minor use permit. The square footage of the principal residence
is 2,427.
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 subject property
accommodates the proposed detached garage and hobby shop being that the lot size is
43,995 square feet, over double that of the required Rural Residential 2 Zoning (RR2)
designation required by code. The proposed structure meets main building setbacks and
at 23' 6" tall, it is under the height limit allowed of 24' tall measured to the pitch from
lower of natural or finished grade. The addition as proposed will not be visible from the
Caudor Street right-of-way, since the project is located at the end of a long, private
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easement. There are no environmental issues associated with the project, which the City
has determined is exempt from environmental review pursuant to CEQA Guidelines
Section 15301(1)(e), 15301(1)(4) and 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.
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 demolition of an existing 780 square foot two-car, single story
detached garage and replacement with a new 2,160 square foot two story structure,
consisting of a three-car garage (1080 sq. ft.), and hobby shop (1080 sq. ft.). The hobby
shop is proposed on the second story, with access received via an internal stair from the first
story three-car garage. As per Section 30.48.040B, Accessory Use Regulations of the
Encinitas Municipal Code, the total area of a detached garage structure on a property may
exceed 50% of the principal residence with the issuance of a minor use permit. As per
Section 30.48.040G also in Accessory Use Regulations, area for any one detached
building including hobby shops, when on the same lot as a detached private garage, can
exceed 1,200 square feet or 50% of the living area of the principal residence, whichever
is less, by issuance of a minor use permit. The square footage of the principal residence is
2,427.
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:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
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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
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.
Facts: The applicant requests approval of a Minor Use Permit and Coastal Development
Permit to allow for the demolition of an existing 780 square foot two-car, single story
detached garage and replacement with a new 2,160 square foot two story structure,
consisting of a three-car garage (1080 sq. ft.), and hobby shop (1080 sq. ft.). The hobby
shop is proposed on the second story, with access received via an internal stair from the first
story three-car garage. As per Section 30.48.040B, Accessory Use Regulations of the
Encinitas Municipal Code, the total area of a detached garage structure on a property may
exceed 50% of the principal residence with the issuance of a minor use permit. As per
Section 30.48.040G also in Accessory Use Regulations, area for any one detached
building including hobby shops, when on the same lot as a detached private garage, can
exceed 1,200 square feet or 50% of the living area of the principal residence, whichever
is less, by issuance of a minor use permit. The square footage of the principal residence is
2,427.
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 15301(1)(4) and 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 15301(1)(4) and 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 15301(1)(4) and 15303(e) of the California Environmental Quality
Act (CEQA) Guidelines. Section 15301(1)(4) exempts the demolition and removal of individual
small structures, which are accessory (appurtenant) structures. Section 15303(e) exempts
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accessory (appurtenant) structures including garages, carports, patios, swimming pools, and
fences.
This approval is subject to the following conditions:
SCI 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 July 20, 2005, consisting of eleven (11) sheets (1-9b)
including Plot 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 The unpaved area along the existing asphalt driveway is eroding. The applicant shall
provide a minimum 3-foot wide swale along the edge of the driveway pavement. The swale
shall be a gravel swale underlain with gravel-pave or other City-approved geogrid material.
SCB Runoff from the proposed roof areas shall be routed over landscape or turf areas prior to
discharge from the private property. The areas designated for BMP shall bear a symbol
clearly showing their extent on the permit site plan and shall be labeled with the note,
"Landscape area for storm water pollution control BMP 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 stipulating that the
garage/hobby shop will not 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.
SCD Prior to building permit issuance, the applicant shall revise the landscape plan submitted
subject to the satisfaction of the Planning and Building Director, to include additional
landscaping to buffer the elevation facing east of the garage/hobby shop.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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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 permit 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.
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.
B1 BUILDING CONDITIONS:
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CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
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.
E1 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.
ED1 Drainage 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.
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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
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.
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.
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.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
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, maybe 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.
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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.
cam
Patrick Murphy
Planning & Building Director
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