2006-087City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD 2006-87
October 9, 2006
This letter is to inform you that the Planning and Building Director has approved your application
for:
06-065 CDP (Buchanan) - A request for a Coastal Development Permit to allow the
demolition of a significant portion of the existing single-family residence and the
construction of a new single-family residence, which partially utilizes the remaining
portions of the demolished residence. The property is located in the R-15 (Residential 15)
zone and within the Coastal Zone. (APN 258-053-11)
Project Description and Discussion: The applicant proposes to demolish most of the existing
single-family residence and construct a new single-family residence. The new residence will
utilize the existing foundation and some portions of existing walls that will remain after
demolition of the existing residence. Since the subject property is located within the Coastal
Zone, issuance of a regular Coastal Development Permit is required.
The subject property slopes from north to south at greater than 10% and is therefore subject to
the City's more restrictive height standard for lots sloped over 10%. The proposed residence
complies with the height limit of 12 feet from the uphill property line and 22 feet from the lower
of existing or finished grade, plus an additional four (4) feet for allowable projections above each
height limit. Building sections included in the project drawings demonstrate compliance with the
12-foot limit from the uphill property line. Roof and other architectural projections above the
applicable 12-foot or 22-foot height limits have been reviewed extensively by staff and have been
found to comply with the standards for such projections. The proposed residence complies with
all other applicable development standards, including but not limited to setbacks, lot coverage,
and floor area ratio (FAR), and will be required to comply with all applicable building and fire
codes through the standard building permit plan check process.
Citizen's Participation Plan: The construction of a single-family residence is exempt from the
requirement to conduct a Citizen's Participation Plan (CPP).
Public Notice: A standard public notice, which allowed for a 10-calendar day review and comment
period, was published and mailed for the project. Staff received several telephone calls and one (1)
letter expressing concerns about the proposed project. The callers and correspondent questioned
the application's lack of a CPP or requirements for Design Review. Questions were raised
regarding the grade of the subject property, a property line fence, and existing improvements
located in the right-of-way (ROW) of Fourth Street. The correspondent expressed concern about
driveway slope, drainage, and overhead utilities lines along the alley to the east of the project and
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design details of the proposed residence such as color, material, and roofing. The letter also noted
concern with proposed building height, setbacks of the building and spa, horizontal architectural
projections, the proposed garage location, landscaping, and impervious area.
The construction of one (1) single-family residence does not require a CPP process and is exempt
from Design Review as per Section 23.08.030B7 of the Municipal Code. Because there is no
requirement for Design Review, building and site details such as color, material, finish, site walls,
and landscaping are not subject to City review beyond compliance with Municipal Code standards
such as height and setback. Staff has reviewed the project materials and City records and has found
that the grades represented on the project are consistent with historic grades on the property. No
evidence or suggestion of an attempt to raise the grade to gain a height advantage has been
discovered. The property line fence issue has been resolved to the satisfaction of the Code
Enforcement Division and the improvements located in the Fourth Street ROW will be removed as
a part of this project. The applicant will be required to pay a fee to a general City fund for
undergrounding of utilities based on the length of the subject property's frontage where there are
overhead utilities. The proposed residence will comply with the height limits of 12 or 22 feet, as
applicable, and all projections above that limit have been found to be allowed projections that
comply with the additional four (4) feet allowed for such projections. The proposed residence
complies with all applicable setbacks, including allowances for projections into setbacks for eaves,
decks, and the like. To ensure compliance with this standard, staff has included a condition of
approval requiring that all such projections comply with the applicable Municipal Code standard.
This approval is based upon the following findings:
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, in order to approve a Coastal Development Permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
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
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 applicable components of the
City's Local Coastal Program. The project consists of the demolition of a significant
portion of the existing single-family residence and the construction of a new single-family
residence, which will utilize the portions of the existing residence that will remain after
demolition. The proposed residence complies with all applicable development standards,
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including but not limited to setbacks, building height, lot coverage, floor area ratio, and
drainage, and will be required to comply with building and fire codes through the standard
building permit plan check process. The project has been determined to be exempt from
environmental review as per Sections 15301(1)(1) and 15303(a) of the California
Environmental Quality Act (CEQA) Guidelines.
Discussion: Related to finding No. 1, the project complies with or is conditioned to comply
with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2,
no potentially significant adverse impacts to the environment are associated with the
proposed project, and the project has been found to be exempt from environmental review
pursuant to Sections 15301(1)(1) and 15303(a) of the California Environmental Quality Act
(CEQA) Guidelines. 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 as per Sections 15301(1)(1) and 15303(a) of the CEQA Guidelines;
and 3) finding No. 3 is not applicable to the project since it is not located between the sea or
other body of water and the nearest public road.
Environmental Review: The proposed project is exempt from environmental review pursuant to
Sections 15301(l)(1) and 15303(a) of the CEQA Guidelines, which respectively exempt the
demolition of and the construction of a single-family residence.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on October 9, 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 26, 2006, consisting of 13 sheets including
Title, Site Plan, Storm Water Plan, First Demolition Plan, Lower Floor Plan, Upper Floor
Plan, Roof Plan, 2 sheets Elevations, and 4 sheets Sections, all designated as approved by
the Planning and Building Director on October 9, 2006, and shall not be altered without
express authorization by the Planning and Building Department.
SCA The following conditions shall be completed, fulfilled, and/or shown on drawings submitted
for building, grading, and/or improvement plan approval to the satisfaction of the
Engineering Services Department:
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1. No encroachment into the public right-of-way will be allowed. The applicant shall
remove the existing patio and walls within the public right-of-way.
2. The proposed driveway access shall allow a minimum of a six- (6) inch rise from the
flow line of the alley to the property line to prevent runoff from the alley from
entering the private property.
3. The applicant shall contribute $190.00 per linear foot of overhead utilities along the
property frontage into an improvement fund to be used for the undergrounding of
overhead utilities throughout the City.
4. The applicant shall modify the proposed surface drainage to assure all the runoff
generated on the property will discharge over approved flow-based BMPs and then
onto adjacent streets prior to issuance of a building permit. The BMP design shall be
reviewed and approved by the Engineering Department.
SCB Prior to building permit issuance, the applicant shall revise the project drawings to ensure
that all proposed horizontal projections, including but not limited to decks and roof eaves,
are properly portrayed and in conformance with the applicable allowance for projections
into a setback. In particular, roof eaves and decks along the southerly building fagade shall
be revised for consistency and to comply with projection allowances.
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.
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. The height certification/survey shall be supplemented
with a reduced (8 %z" x 11") copy of the site plan and elevations depicting the exact point(s)
of certification. The engineer/surveyor shall contact the Planning and Building Department
to identify and finalize the exact point(s) to be certified prior to conducting the survey.
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
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Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
G19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times.
L5 All masonry freestanding or retaining walls visible from points beyond the project site shall
be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall
be of a type satisfactory to the Engineering and Planning and Building Departments. The
property owner shall be responsible for the removal in a timely manner of any graffiti
posted on such walls.
B 1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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.
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E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EG1 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.
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.
EU1 Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
. utilities unless exempt by the Municipal Code.
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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 or 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 BMPs are to be privately maintained and the
facilities not modified or removed without a permit from the City.
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 or permit site plan.
This notice constitutes a decision of the Planning and Building Department only. Additional
permits, including Building Permits, may be required by the Planning and Building Department 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. by the 15th calendar day
following the date of this notice of decision. The action of the Planning Department in reference to
the above item may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Kerry Kusiak at the Planning
and Building Department by telephoning (760) 633-2719.
Patrick Anphy
Planning and Building Director
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