2005-074 - EGCity of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2005-74
October 14, 2005
This letter is to inform you that the Planning and Building Director has approved your application
for:
05-158 NIIN/CDP (Wright) - A request for a Minor Use Permit and Coastal Development
Permit to allow for the conversion of existing storage space into garage area. The additional
area will exceed the maximum allowable area for an attached garage of 1,000 square feet or
50% of the principal residence, whichever is less, for a total of 1,277 square feet. The
property is located at 1271 Lake Drive in the RR-1 (Rural Residential 1) and Coastal Zone of
the City of Encinitas. (APN 260-213-08)
Project Description and Discussion: The applicant requests approval of a Minor Use Permit and
Coastal Development Permit to allow for the conversion of existing storage space into garage area.
The conversion will result in 277 square feet in additional garage area for a total of 1,277 square
feet. No change in height is being proposed. A fourth garage bay, including door will be seen
from the east elevation. As per Section 30.48.040A3, Accessory Use Regulations of the
Encinitas Municipal Code, additional area may be permitted by issuance of a Minor Use Permit.
An existing two-story single family residence of 9,500 square feet is on the site, approved per
04-058 CDP. The single family residence and garage sit at the rear of the property facing east on
a lot of 105,156 square feet. The proposed garage conversion maintains 69 foot-1 inch to the
rear property line. All setbacks are in compliance with the RR-1 Zoning Designation. 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. No objections 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 October 3, 2005.' Two
members of the public appeared at the public hearing to give testimony and one other comment
was received prior to the close of the comment period.
This approval is based on the following findings:
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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 conversion of existing storage space into garage area. The
additional area will exceed the maximum allowable area for an attached garage of 1,000
square feet or 50% of the principal residence, whichever is less, for a total of 1,277
square feet. As per Section 30.48.040B3, Accessory Use Regulations of the Encinitas
Municipal Code, additional area 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
attached garage meets all applicable development standards for the RR-1 zoning
designation. The existing footprint of the garage does not change with the proposed
conversion. 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.
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 conversion of existing storage space into garage area. The
conversion will result in 277 square feet in additional garage area for a total of 1,277 square
feet. No change in height is being proposed. A fourth garage bay, including door will be
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seen from the east elevation. As per Section 30.48.040A3, Accessory Use Regulations of
the Encinitas Municipal Code, additional area 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:
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 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 conversion of existing storage space into garage area. The
additional area will exceed the maximum allowable area for an attached garage of 1,000
square feet or 50% of the principal residence, whichever is less, for a total of 1,277
square feet. As per Section 30.48.040B3, Accessory Use Regulations of the Encinitas
Municipal Code, additional area 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
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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, October 14, 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 2, 2005, consisting of three (3) sheets including Site
Plan, Floor Plan, and Elevations, all designated as approved by the Planning and Building
Director on October 14, 2005, and shall not be altered without express authorization by the
Planning and Building Department.
SCA Fire Sprinkler system shall be adjusted to meet Uniform Fire Code as required.
SCB This project was conditioned as a part of 04-058 CDP and must comply with all the
conditions of approval of that application.
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.
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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.
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B1 BUILDING CONDITIONS:
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.
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/grading permit issuance
shall apply.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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
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.
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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.
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 accordancemith the provisions of Municipal Code Section 1. 12, this decision maybe 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.
rL.
Patrick Murphy
Planning & Building Director
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