2006-020 - EGCity of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2006-20
February 27, 2006
This letter is to inform you that the Planning and Building Director has approved your application
for:
04-161 MIN (Ernenwein) - A request for a Minor Use Permit to allow for the
conversion of an existing detached garage and recreation room to a 960 square foot
guest house and the construction of a new detached 925 square foot three car garage
with a 200 square foot workshop. The property is located at 3462 Dove Hollow
Road, in the RR (Rural Residential) Zone. (APN 264-232-31)
Project Description and Discussion: The applicant requests approval of a Minor Use Permit to
allow for the conversion of a detached single-story garage and recreation room of 960 square feet to
a guest house. Also proposed is the construction of a new detached 925 square foot garage with a
200 square foot workshop located above. The guest house and garage/recreation room will be
attached by a breezeway. The maximum height of the structure will be 23'6". The guest house will
exceed the maximum 640 square feet permitted for guest houses by 320 square feet. As per Section
30.48.040K2, guest houses exceeding 640 square feet are permitted upon the issuance of a Minor
Use Permit. The combined area of the guest house, garage and recreation room will exceed the
maximum 1,200 combined square feet allowed for detached buildings when on the same lot as a
detached garage by 885 square feet. As per Section 30.48.040G, Accessory Use Regulations of
the Encinitas Municipal Code, additional area for any one detached building including
workshops and guest houses, 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 proposed project is located on a 140,692.5 square foot (3.23-acre) lot and is currently
developed with a 3,750 square foot two-story single-family residence, a 480 square foot detached
garage, a 480 square foot recreation room and a 1,475 square foot barn. The applicant proposes
to convert the existing garage and recreation room to a guest house and to construct a new
detached garage and workshop. The guest house and garage/workshop will be connected by a
breezeway. The proposed lot coverage will be at approximately 3.5%. The guest house and
garage/workshop will be located 124 feet from the east (side) property line, 244 feet from the
west (side) property line, 237 feet from the north (rear) property line, 60 feet off of the south
(front) property line and 50 feet from the edge of the existing paved road. The road easement for
Dove Hollow Road is 60 feet wide, with 30 feet located on the subject property. The proposed
structure will be located 30 feet from the edge of the easement. All materials proposed
(composition shingles and wood siding) match the existing house. No adverse or detrimental
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impacts to the site, surrounding properties, or neighborhood would occur due to the proposed
development.
The project site is large enough to accommodate the proposed guest house and garage/workshop
while maintaining all required building setback and lot coverage requirements. The proposed
structures would be in scale with the size of the property. Additionally, mature landscaping screens
the property from Dove Hollow Road, as well as from adjacent properties. Based on the size of the
project lot, the additional floor area permitted for the guest house and garage/workshop will not
significantly impact neighboring properties. With approval of the Minor Use Permit application,
the proposed guest house and garage/workshop comply with all applicable development
standards, including building setbacks, and will be required to comply with all applicable
Building and Fire codes through the standard plan-checking process. All applicable utilities and
services are in place to support this development.
The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code. As noted in the Final Citizen Participation Report on the CPP no neighbors
attended the meeting on September 1, 2004, and 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, during which no comments were received. The Planning and
Building Department conducted an Administrative Public Hearing on March 7, 2005. No
members of the public appeared at the 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
project;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
The harmful effect, if any, upon environmental quality and natural resources of
the city;
Facts: The applicant requests approval of a Minor Use Permit to allow for the conversion
of a detached single-story garage and recreation room of 960 square feet to a guest house.
Also proposed is the construction of a new detached 925 square foot garage with a 200
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square foot workshop located above. The guest house and garage/recreation room will be
attached by a breezeway. The maximum height of the structure will be 23'6". The guest
house will exceed the maximum 640 square feet permitted for guest houses by 320 square
feet. As per Section 30.48.040K2, guest houses exceeding 640 square feet are permitted
upon the issuance of a Minor Use Permit. The combined area of the guest house, garage
and recreation room will exceed the maximum 1,200 combined square feet allowed for
detached buildings when on the same lot as a detached garage by 885 square feet. As per
Section 30.48.040G, Accessory Use Regulations of the Encinitas Municipal Code,
additional area for any one detached building including workshops and guest houses,
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.
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 project is
located on a 140,692.5 square foot (3.23-acre) lot. The proposed lot coverage will be at
approximately 3.5%. The guest house and garage/workshop will be located 124 feet
from the east (side) property line, 244 feet from the west (side) property line, 237 feet
from the north (rear) property line, 60 feet off of the south (front) property line and 50
feet from the existing paved road. The road easement for Dove Hollow Road is 60 feet
wide, with 30 feet located on the subject property. The proposed structure will be located
30 feet from the edge of the easement. All materials proposed (composition shingles and
wood siding) match the existing house, and the property is screened both from Dove
Hollow Road and adjacent properties by mature landscaping. Based on the size of the
project lot, the additional floor area permitted for the guest house and garage/workshop will
not significantly impact neighboring properties. 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(a) and (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 to allow for the conversion of
a detached single-story garage and recreation room of 960 square feet to a guest house.
Also proposed is the construction of a new detached 925 square foot garage with a 200
square foot workshop located above. The guest house and garage/recreation room will be
attached by a breezeway. The maximum height of the structure will be 23'6". The guest
house will exceed the maximum 640 square feet permitted for guest houses by 320 square
feet. As per Section 30.48.040K2, guest houses exceeding 640 square feet are permitted
upon the issuance of a Minor Use Permit. The combined area of the guest house, garage
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N'
and recreation room will exceed the maximum 1,200 combined square feet allowed for
detached buildings when on the same lot as a detached garage by 885 square feet. As per
Section 30.48.040G, Accessory Use Regulations of the Encinitas Municipal Code,
additional area for any one detached building including workshops and guest houses,
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.
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.
Environmental Review: The project has been determined to be exempt from environmental
review pursuant to Sections 15303(a) and 15303(e) of the California Environmental Quality Act
(CEQA) Guidelines. Section 15303(a) exempts a second dwelling unit in a residential zone.
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, February 27, 2008, 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 September 27, 2005 consisting of three (3) sheets including
Site Plan, Floor Plan, and Elevations, all designated as approved by the Planning and
Building Director on February 27, 2006, and shall not be altered without express
authorization by the Planning and Building Department.
SCA The Minor Use Permit Site Plan submitted to Engineering does not adequately show
proposed elevations or drainage. Prior to issuance of a building permit for the project, a
building site plan shall be submitted showing where the proposed cut will be, the proposed
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slopes and other grading, and the proposed drainage. The building plan shall also show
proposed storm water pollution control BMP measures as per Engineering Standard
Condition ESW5. All runoff from the proposed hard surface areas shall be directed over
landscape area designated for BMP prior to discharge from the property.
SCB Prior to issuance of a building permit for a guest house the owner shall record a covenant
between the owner and the City of Encinitas. The covenant shall state that the owner
understands and declares that the guest house is only to be occupied on a temporary basis
(no more than 30 consecutive days) and will not be rented or otherwise used as a separate
dwelling and that no kitchen facilities are allowed within the guest house. The covenant
shall also include provisions stating that the owner consents to inspection of the premises by
code enforcement officers in order to verify the terms of the agreement.
Gl 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.
G4 Prior to building permit issuance, the applicant 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.
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.
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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.
B 1 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):
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.
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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). (For the guest house and new garage/workshop)
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):
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.
EUl Utilities
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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
ESW5 The project must meet storm water quality and pollution control requirements. The
applicant shall design and construct landscape and/or turf areas and ensure that all flows
from impervious surfaces are directed across these areas prior to discharging onto the
street. A Permit Site Plan identifying all landscape areas designed for storm water
pollution control (SWPC) and Best Management Practice shall be submitted to the City
for Engineering Services Department approval. 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.
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 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 Kelly Arndt at the Planning
and Building Department by telephoning (760) 633-2697.
Patrick Murphy
Planning & Building Director
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