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2005-079CITY OF ENCINITAS PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2005-79 October 26, 2005 This letter is to inform you that the Planning and Building Director has approved your application for the following Administrative Permit for property located in the City of Encinitas: 05-124 CDP (Applicant: Kristin Pruett) - Coastal Development Permit request to build a custom residence on a vacant lot located within the Coastal Zone. (APN: 254-252-55: 1236 Hygeia Avenue) Project Description and Discussion: The applicant is proposing-to construct a new, two-story residence on a lot located in the R-3 zone. The proposed residence will measure approximately 3,500 square-feet in size. A 660 square-foot garage is also proposed. The project site is the rear lot of a two-lot minor subdivision that was approved in 2003. The existing lot is rough-graded and basically ready for development. A standard public notification was issued for the project, with one letter of concern received from Guy Gary, property owner of 1247 Hermes Avenue. His property abuts the subject site. Mr. Gary's primary concern is drainage and how this project will handle drainage and runoff. Mr. Gary had numerous phone conversations and email exchanges with Masih Maher, Senior Civil Engineer for the City, as well as Planning Staff, during the public review process. Meetings were also held at City Hall to review the submitted plans, revised plans and the grading plan. The Engineering Department has conditioned the approval of this project with numerous standard and specific conditions of approval that will address grading, drainage and Best Management Practices. Because this application is for a single-family residence, it is exempt from the Design Review process and is not subject to the Citizen Participation Program (CPP) process. Pursuant to Section 23.08.030 B(7) of the Encinitas Municipal Code, Planning Staff can not scrutinize the exterior appearance, architectural style or design features of a single-family residence on one, in-fill lot. Municipal Code Section 30.80 permits residential dwellings in the coastal zone provided the following findings can be made: Coastal Development Permit The project is consistent with the certified Local Coastal Program of the City of Encinitas; and cm/g:NOD/05124cdppbd 2. The proposed development conforms with Public Resources Code 21000 and following 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. Conclusion: The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. The subject zoning is R-3, which permits proposed single-family dwelling units in the Municipal Code and General Plan. No aspect of the project has been identified which could have an adverse impact on coastal resources or any natural resources. The project will comply with the applicable development standards (lot coverage, setbacks, floor area ratio, height etc.) as per the Encinitas Municipal Code and the goals and policies contained in the General Plan. Since the project complies with all applicable provisions of the City's Municipal Code and General Plan, the Planning and Building Department finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas, and that required finding #2 is not applicable since no significant adverse environmental impact is associated with the project. Finding #3 is not applicable, as the project site is not located between the sea and the nearest public road. The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local Coastal Program. California Environmental Quality Act: The project is found to be exempt from Environmental Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303(a). This approval is subject to the following conditions: GI STANDARD CONDITIONS: CONTACT THE PLANNING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. 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. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. cm/g:NOD/05124cdppbd 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 Engineering Services Departments. The applicant is advised to contact the Planning 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. SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, October 26, 2007 at 5:00 pm, 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 plans consisting of a Site Plan, Floor Plans, Exterior Elevations, and Grading Exhibit, all designated as approved by the Planning and Building Director on October 26, 2005, and shall not be altered without express authorization by the Planning Department. SCB Prior to final inspection, all existing and proposed fencing shall comply with the fence standards of the Encinitas Municipal Code, Section 30.16.010(F). San Dievito Water District Conditions: SDI The owner will be required to show all existing and proposed water facilities on improvement or grading plans for District Approval. SD2 The owner is required to comply with the District's fees, charges, rules and regulations, including installation of any required on-site or off-site facilities. SD3 The District will require that water meters be located in front of the parcel they are serving and outside of any existing or proposed driveways. Cost of relocation is the responsibility of the owner. cm/g:NOD/05124cdppbd B1 BUILDING CONDITION(S)- CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. Fl 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. 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. cm/g:NOD/05124cdppbd 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. 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. E1 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. 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 ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the grading or building permit for this project. ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm under developed conditions is equal to or less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. cm/g:NOD/05124cdppbd 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 Grading Plan/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. Engineering Special Conditions ESC1 The project has already been conditioned as part of 02-017 TPM/CDP. This project shall comply with all the conditions imposed for 02-017 TPM/CDP. ESC2 The applicant shall regrade the detention basin along the westerly property boundary. The detention basin shall be designed to discharge onto the westerly adjacent property at the northwesterly corner of the project site. In accordance with Engineering Standard Condition ED8, the detention basin shall be designed to discharge completely within 24- 48 hours in order to provide storm water treatment as well as avoiding ponding and potential mosquito problems. The property owner shall be responsible to maintain the detention basin in good working order into perpetuity. A rip-rap spillway shall be constructed over the earthen berm at the northwest corner of the proposed detention basin. In accordance with the provisions of Municipal Code Chapter 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 a $250.00 filing fee, prior to 6:00 P.M. on the 15th calendar day following the date of this notice of decision. This notice constitutes a decision of the Planning Department only. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. All Fire Department, Engineering Department and Building Department conditions shall be verified through the standard plan check process. Zoning compliance shall be verified through the plan check process. It is the property owner or applicant's responsibility to obtain all necessary permits required for the type of project proposed. This decision is not appealable to the Coastal Commission. cm/g:NOD/05124cdppbd If you have any questions regarding this determination, please contact Christopher Miller at the Planning Department by telephoning (760) 633-2710. 0. Patrick urphy, ` Planning and Building Director cm/g:NOD/05124cdppbd