2006-078CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2006-78
September 7, 2006
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:
06-072 CDP (Applicant: Encinitas Bracero Ventures LLC: Lot #3) - Coastal Development
Permit request to build a custom residence on Lot 3 of the Crystal Knoll Estates development site.
(APN: 258-371-28: 886 Bracero Road)
Project Description and Discussion: The applicant is proposing to construct a new residence on a
lot located in the R-3 zone. The proposed residence will measure approximately 4,000 square-feet
in size. The applicant is also proposing to site a temporary sales trailer on this lot. The subject lot
was created with the approval of Tract Map No. 03-018, in which the Encinitas Planning
Commission approved a 7-lot subdivision that included grading for development.
A standard public notification was issued for the project, with 1 letter of concern received from the
neighbors. Concerns centered on the wish to have over-head utility lines placed underground.
Previous conditions of approval associated with Tract Map 03-018 are in place to handle this item
as well as Engineering Condition EU5 attached with this CDP approval. The applicant also held a
Citizen Participation Program (CPP) meeting on June 15, 2006, with no negative feedback.
This home has been found to be exempt from Design Review (Chapter 23.08 of the Encinitas
Municipal Code), as each home within the development incorporates a different building footprint,
orientation, floor plan layout, color scheme, and exterior design elements. The proposed home
meets the development standards for the R-3 zone, including standards for building height, building
size (floor area ratio) and lot coverage. Each proposed home within this development will be a
custom design, as defined within the Encinitas Municipal Code.
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
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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 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 #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.
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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.
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, September 7, 2008 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, all designated as approved by the
Planning and Building Director on September 7, 2006, and shall not be altered without
express authorization by the Planning Department.
SCA Prior to issuance of building permits, the applicant shall demonstrate that the proposed
chimneys, shrouds, and arresters meet Municipal Code standards. This can be handled
during plan check of the architectural plans.
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
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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):
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.
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: 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):
EU1 Utilities
EU5 The developer shall be responsible for the relocation and undergrounding. of existing public
utilities, as required.
Engineering Special Conditions
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ESC1 This project shall comply with the conditions of approval of application TM 03-018.
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.
If you have any questions regarding this determination, please contact Christopher Miller at the
Planning Department by telephoning (760) 633-2710.
~e
Patric urphy,
Planning and Building Director
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