2006-057 - EGCity of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2006-57
June 13, 2006
This letter is to inform you that the Planning and Building Director has approved your application
for:
04-186 TPM/CDP (Stanton) - A request for a Tentative Parcel Map and Coastal
Development Permit to subdivide a 0.72-acre property into two single-family lots. The
proposed subdivision proposes conceptual grading only. The project site is located in the
R-3 (Residential 3) zone and within the Coastal Zone. (APN 258-372-07)
Project Description and Discussion: The applicant requests to subdivide a .72-acre property
into two (2) lots for single-family residential development. The subject property slopes down
very slightly from east to west with the entire property at less than 10% grade at approximately
4.4%. The existing single-family dwelling and detached garage are proposed to remain on
proposed Lot 2. The existing accessory unit and trailer on the westerly portion of the lot are
proposed to be removed prior to recordation of the parcel map.
Lot 1 will be 14,516.64 square feet in gross and net lot area, and will be directly accessed via the
Bracero Road right-of-way. Lot 2 comprises the most easterly portion of the existing lot and will
have a net lot area of 17,051.84 square feet and will have access off of Bracero Road via a 20-
foot panhandle most adjacent to the southerly property line of Lot 1. The grading proposed is
conceptual only. The final grading plan will be submitted for review and approval prior to
recordation of the parcel map. All significant slopes shall be rounded and blended to provide a
more natural appearance.
The subject R-3 zone requires a minimum lot size of 14,500 square feet and minimum lot
dimensions of 80 feet in width and 100 feet in depth. The proposed dimensions are consistent with
these required standards. The maximum density allowed in the R-3 zone is 3.0 dwelling unit per net
acre. Net acreage calculations indicate a maximum of 2.16 dwelling units could be allowed on the
subject property (numerically rounded to 2 total). The project proposes two (2) residential lots and,
therefore, complies with the density requirements of the Municipal Code and General Plan. The
applicant submitted letters of service availability from fire, water, sewer and school service
providers indicating that all required services are available for the project.
Citizen's Participation Plan: The applicant conducted a Citizen's Participation Program (CPP)
in accordance with Chapter 23.06 of the Municipal Code. A public meeting was held on
September 21, 2004. As noted in the Final Citizen Participation Report on the CPP, the applicant,
and one (1) member of the public, owner of the property most adjacent to the north, attended the
meeting. According to the final report, the neighbor had concerns regarding the driveway locations
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for proposed Lot 1 and the noise level from vehicles utilizing the driveway. The applicant informed
the concerned citizen that due to Fire Department requirements, the proposed two lots will not be
able to share a common driveway. The applicant also proposed to construct a six-foot high
retaining wall along the northerly property line to reduce the noise level and provide privacy to the
concerned neighbor. No additional comments were received.
Public Notice: A standard public notification was issued for the Tentative Parcel Map and Coastal
Development Permit application, which allowed for a 20-day comment period. No comments were
received.
This approval is based on the following findings:
FINDINGS FOR A TENTATIVE PARCEL MAP
STANDARD: Section 66474 of the California Government Code requires that the authorized
agency approve an application for a Tentative Map unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following findings of fact:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
Facts/Discussion: There is no specific plan associated with the subject property. The
General Plan allows for single family residential development at a maximum density of 3.0
dwelling units per net acre in the subject R-3 zone. The 2-lot subdivision is consistent with
the General Plan density range for the R-3 zone.
Conclusion: The Planning and Building Department finds that the proposed map is
consistent with the General Plan.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Facts/Discussion: Chapter 24.12 of the Municipal Code sets forth design standards for
subdivisions and Chapter 30.16 of the Municipal Code sets forth development standards
such as lot width, depth, and area requirements for the subject R-3 zone. The proposed 2-lot
subdivision meets the applicable development and design standards of the General Plan and
Municipal Code. No specific plan is applicable to the property.
Conclusion: The Planning and Building Department finds that the design and improvement
of the proposed subdivision are consistent with the General Plan.
C. That the site is not physically suitable for the type of development.
Facts/Discussion: The site contains sufficient area to permit the 2-lot subdivision and the
future development of single-unit residences in accordance with the development standards
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for the R-3 Zoning District. The building areas for the subdivided lots will permit
residential development consistent with R-3 zone standards.
Conclusion: The Planning and Building Department finds that the subject site with
conformance to project conditions, is physically suitable for the existing and future single-
unit residential development in compliance with all applicable development standards of the
subject R-3 zone.
d. That the site is not physically suitable for the proposed density of development.
Facts/Discussion: The proposed 2-lot subdivision is consistent with the City's adopted
General Plan density range for the R-3 Zoning District, which is afforded a maximum
density of 3.0 dwelling units per acre. The net acreage calculations for the subdivision
indicate a site-specific maximum density of two (2) units. Therefore, the project complies
with the General Plan density provisions for the subject R-3 zone.
Conclusion: The Planning and Building Department finds that the site is physically suitable
for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
Facts/Discussion: The project has been determined to be exempt from environmental
review pursuant to Section 15315 of the State CEQA Guidelines, which exempts the
division of property in urbanized areas zoned for residential use into four or fewer parcels
when: the division is in conformance with the General Plan and zoning, no variances or
exceptions are required, all services and access to the proposed parcels to local standards
are available, the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the parcel does not have an average slope greater than 20 percent.
No sensitive species or sensitive habitats are present on or near the project site. The site
is fully disturbed.
Conclusion: The Planning and Building Department finds that the design of the
subdivision and of the proposed improvements is not likely to cause substantial
environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Facts/Discussion: The applicant submitted letters of service availability from fire, water,
sewer and school service providers indicating that all required services are available for the
proj ect.
Conclusion: The Planning and Building Department finds that the design of the proposed
subdivision and the type of improvements are not likely to cause serious health problems.
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g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision. In this connection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
Facts/Discussion: No easements have been identified on the subject property that would
conflict with the proposed subdivision.
Conclusion: The Planning and Building Department finds that the design of the subdivision
or the type of improvements will not conflict with any easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision.
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:
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 City's General Plan and Municipal Code are the applicable components of the
City's Local Coastal Plan. The project consists of a 2-lot residential subdivision. The
proposed parcels are consistent with all applicable zoning code development standards. The
project has been determined to be exempt from environmental review pursuant to Section
15315 of the California Environmental Quality Act (CEQA) Guidelines.
Discussion: Related to finding No. 1, with the approval of the Tentative Parcel Map
request, the project complies with or is conditioned to comply with the City's Local Coastal
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Program and the Municipal Code. Related to finding No. 2, the project is exempt from
environmental review and no potentially significant adverse impacts to the environment will
result. Finding No. 3 is inapplicable since the project is not located between the sea or other
body of water and the nearest public road.
Conclusion: The Planning and Building Department 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 since the project is exempt from
environmental review pursuant to CEQA Guidelines Section 15315; 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: This project has been found to be categorically exempt from
environmental review pursuant to Section 15315 of the California Environmental Quality Act
(CEQA) Guidelines, which exempts the division of property in urbanized areas zoned for
residential use into four or fewer parcels from environmental review when: the division
conforms with the General Plan and zoning, no variances or exceptions are required, all services
and access to local standards are available, the parcel was not involved in a division of a larger
parcel within the previous 2 years, and the average slope of the parcel is less than 20%.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on June 13,
2008 at 5:00 p.m., two years after the approval of this project, unless the conditions have
been met or an extension of time has been approved pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on June 5, 2006, consisting of a 1 sheet Tentative Parcel Map,
all designated as approved by the Planning and Building Director on June 13, 2006 and shall
not be altered without express authorization by the Planning and Building Department.
SCA Lot #1 shall have direct access off of Bracero Road. If Lot #1 proposes primary access off
of the panhandle access driveway serving Lot #2, both existing single family dwelling unit
(Lot #2) and a future proposed single family dwelling unit on Lot #1 shall be fire
sprinklered.
SCB The property receives runoff from the adjacent property to the East. There is no proposed
drainage system to carry runoff from the easterly adjacent property to the inlet proposed
at the southeasterly property corner. The applicant shall design a drainage system to
intercept the runoff from the easterly property, conduct it to the inlet, and route it safely
to Bracero Road.
SCC This property falls within a right-of-way improvement assessment district within Bracero
Road. Prior to issuance of any building permit for the site, the applicant shall construct
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along the property frontage the improvements proposed per plan 0006-SI including
standard curb and gutter and ultimate street improvement with a centerline to curb line
width of 15 feet.
SCD This project must provide Best Management Practice storm water pollution control
treatment for the proposed driveway and hardsurface areas. The proposed Bio Swale along
the driveway may not effectively functions as a flow based BMP if the longitudinal slope
exceeds 2%. Drop structures shall be designed for the proposed swale to limit the
longitudinal slope to 1.5% to 2%. Although 2% cross fall is called out for the proposed
driveway towards the bio-Swale, the finished contours do not reflect the cross fall. All
landscape areas for BMP shall bear a shading symbol clearly showing their extent and shall
be labeled as "Landscape area for BMP to be privately maintained and not to be modified
without a permit from the City".
SCE The driveway shall be paved with PCC wherever the slope exceeds 14%.
SCF A sanitary sewer lateral and a water lateral shall be installed to service Lot 1 prior to
issuance of any building permit for Lot 1.
SCG A retaining wall is proposed within the existing sewer easement along the southerly property
boundary. The applicant shall provide profiles for the existing sewer main and for the
proposed wall footing to show that the construction of the wall will not interfere with the
existing sewer improvements. A foundation system supported by caissons may be needed
to avoid conflict with the existing public sewer easement.
SCH The applicant shall grant additional width for sewer maintenance and access to allow a
minimum 15' access width over the existing sewer main.
SCI The subject property is currently being served by a 3/4" water meter. Upon development,
each parcel shall be individually metered. Prior to map recordation, the owner is required to
provide the San Dieguito Water District with written statement indicating which lot will
retain existing meter.
SCJ The San Dieguito Water District will require that water meters shall be located in front of
the parcel they are serving and outside of any existing or proposed travel way. Cost of
relocation shall be the responsibility of the developer.
SCK The developer shall show all existing and proposed water facilities on improvement or
grading plans for San Dieguito Water District approval.
SCL The developer shall comply with the San Dieguito Water District's fees, charges, rules and
regulations, including installation of any required on-site and off-site facilities.
GI STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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G4 Prior to recordation of the final parcel map, 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
Final Map approval/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.
M1 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
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.
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
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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
EG3 The developer 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.
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: Such report shall be submitted and
approved: At first submittal of a grading plan.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The developer 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 1 st 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
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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 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.
ES 1 Street Conditions
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
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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.
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 plan.
EMI Mau
EM3 This project is approved specifically as I (single) phase.
EM5 Public/private improvement plans and grading plans shall be approved and adequate surety
shall be posted prior to a public hearing for approval of the final map.
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 ten- (10-) 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 tenth (10t ) calendar
day following the date of this notice of decision.
If you have any questions regarding this determination, please contact Roy Sapau at the Planning
and Building Department by telephoning (760) 633-2734.
fat]ti~i~M4urphy
Planning & Building Director
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