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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: TGM/PBD/g:\Nod\05-158mincdp.nod - 1 - 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 TGM/PBD/g:\Nod\05-158mincdp.nod -2- 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 TGM/PBD/g:\Nod\05-158mincdp.nod -3- 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. TGM/PBD/g:\Nod\05-158mincdp.nod -4- 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. TGM/PBD/g:\Nod\05-158mincdp.nod -5- 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. TGM/PBD/g:\Nod\05-158mincdp.nod -6- 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 TGM/PBD/g:\Nod\05-158mincdp.nod -7-