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2005-093CITY OF ENCINITAS PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2005-93 November 29, 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: 05-155 CDP (Applicant: Bluewater Encinitas LLC) - Coastal Development Permit request to build a custom residence on a vacant lot within the Coastal Zone. (APN: 259-280-48: 1158 Evergreen Drive: Parcel B: South Lot) Project Description and Discussion: The applicant is proposing to construct a new, two-story residence on a lot located in the R-8 zone. The proposed residence will measure approximately 3,000 square-feet in size. A 500 square-foot garage is also proposed. The subject lot was created with the approval of City of Encinitas Lot Line Adjustment No. 02-067 BA/CDP recorded on July 23, 2002. The applicant will also be building homes on an adjacent piece of property which has recently been subdivided, via the Tentative Map process, into additional legal lots. Those lots will be developed under a separate permit process and the designs of those proposed homes will be reviewed by the Encinitas Planning Commission. This proposed home, on Parcel B (South lot), is substantially dissimilar in design to other homes in the immediate neighborhood, as defined in Section 23.08 (Design Review) of the Encinitas Municipal Code. Because this application is for a single-family residence, it is exempt from the Design Review process. A standard public notification was issued for the project, with no letters of concern received from any of the neighbors. The applicant received no negative comments regarding this lot during the Citizen Participation Program (CPP) process. 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 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 cm/g:NOD/05-155 cdppbd 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-8, which permits proposed single-family dwelling units and accessory 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 43 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): 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. 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 cm/g:NOD/05-155cdppbd SCI Fees, applicable School District(s) regarding Fire Mitigation/Cost Recovery Fees, and the regarding Water and/or Sewer Fees. SPECIFIC CONDITIONS: School Fees, the Fire Department regarding applicable Utility Departments or Districts SC2 At any time after two years from the date of this approval, November 29, 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 a color board all designated as approved by the Planning and Building Director on November 29, 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 Dietuito Water District Conditions: SDI The developer will be required to show all existing and proposed water facilities on improvement or grading plans for District Approval. SD2 The developer 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 developer/owner. 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), cm/g:NOD/05 -155 cdppbd 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. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. 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 the satisfaction of the Encinitas Fire Department. E1 E2 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EGl Grading Conditions EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. All structures shall be provided with a Class "A" roof assembly to c m/g: NOD/05 -15 5 cdppbd EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be approved at first submittal of a grading plan, as applicable. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED1 DrainaLe 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 stone drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate stone 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. cm/g:N0D/05-155 cdppbd ES 1 Street Conditions ES3 The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by execution of a grant deed prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the undergrounding of utility facility improvements. 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 Grading 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. cm/g:NOD/05-155cdppbd 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. Engineering Special Conditions ESC1 The applicant shall provide improvement along the property frontage to Evergreen Drive to match the improvements proposed by the subdivision to the south. The improvements shall include widening of the pavement along the westerly side of Evergreen to 18', construction of a 6" x 16" PCC flush curb along the pavement edge, and an 8' wide gravel swale behind the flush curb. The gravel swale shall be underlaid by a minimum of 6" of Class 11 Base material and shall be reinforced with a City- approved geogrid such as GravelPave or equal. The applicant shall provide a pedestrian path consisting of 6" of decomposed granite over Class II Base material between the gravel Swale and the property line. ESC2 No directly connected impervious surface areas will be allowed. The applicant shall provide landscape areas for storm water pollution control BMP in compliance with Engineering standard condition ESW3. All runoff from roof, driveway, and hardscape areas shall be routed to landscape areas for BMP prior to discharge from the private property. The BMP areas shall bear a symbol clearly showing their extent and shall bear the note, "Landscape areas for storm water pollution control not to be modified without a permit from the City". ESC3 The applicant shall provide an 8' right-of-way dedication along the property, frontage to Evergreen Drive for a centerline to property line width of 28'. The applicant may seek vacation of the westerly 2' of the 10' wide Public Road Easement along the property frontage to Evergeen Drive, recorded April 9, 1959 as Book 7595, Page 331, Document Number 70096. ESC4 Sanitary sewer is available to service the property. The property shall connect to the sanitary sewer system. ESC5 The applicant shall provide a standard pedestrian ramp at the southeasterly property corner to align with the pedestrian ramp on the southerly side Kava Court. 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 cm/g: NOD/05-155 cdppbd responsibility to obtain all necessary permits required for the type of project proposed. This decision is not appealable to the Coastal Commission. If you have any questions regarding this determination, please contact Bill Weedman or Christopher Miller at the Planning Department by telephoning (760) 633-2710. atrick Murphy, Planning and Building Director cm/g:NOD/05-15 5 cdppbd