2007-014CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
APN: 260-305-12
1717 MacKinnon
PBD-2007-14
March 6, 2007
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:
06-204 CDP (Applicant: Michael and Mary Conway) - Coastal Development Permit request to
allow the construction of a new, two-story single-family residence within the Coastal Zone (APN
260-305-12,1717 MacKinnon).
Project Description and Discussion: Coastal Development Permit for the construction of a new
two-story, single-family residence of 2,828 sq. ft. on an existing legal lot of 5,400 sq. ft. within the
R-8 zone. The project site is located within the Coastal Zone and requires the issuance of a Coastal
Development Permit for the proposed residence.
A standard public notification was issued for the Coastal Permit, and no correspondence was
received regarding the project. This application for a single-family residence is exempt from
Design Review and is not subject to 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:
Findings for 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
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 project proposes the construction of a new two-story, single-family dwelling on an
existing legal lot in the R-8 zone. The Municipal Code and General Plan permit single-family dwellings
in the subject R-8 zone. The City's General Plan and Municipal Code are applicable components of the
City's certified Local Coastal Plan. As conditioned, the project will comply with all applicable
development standards including lot coverage, floor area ratio, setbacks, and building height, as found in
the Encinitas Municipal Code, and will comply with the goals and policies contained in the General
Plan. No aspect of the project has been identified which could have an adverse impact on coastal
resources or any natural resources of the City, and the project has been found to be exempt from the
California Environmental Quality Act. 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 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),
which exempts from Environmental Review one single family dwelling. ,
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. The height certification/survey shall be supplemented
with a reduced (8 %2" 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 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.
2
g:AH/06-191cdppbd
G19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times.
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, March 6, 2009 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 Coastal Development Permit 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 as listed on
this Permit.
SC6 This project is conditionally approved as set forth on the application and project plans
consisting of a Site Plan, Floor Plans, and Exterior Elevations, all designated as approved by
the Planning and Building Director on March 6, 2007, and shall not be altered without
express authorization by the Planning Department.
B1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
132R 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.
g:AH/06-191cdppbd
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):
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 subdivision, and all surface waters that may flow onto the subdivision from adjacent
lands, shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
ED5 The developer shall pay the current local drainage area fee prior to approval of the final map
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.
4
g:AH/06-191cdppbd
ES I 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.
EUl Utilities Conditions
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU5 The owner shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
EU9 Overhead utilities exist along the property frontage. The applicant shall contribute $190.00
per linear foot of overhead utilities along the project frontage into an improvement fund to
be used for the undergrounding of overhead utilities throughout the City.
ESWI 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 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 plan.
Engineering Special Conditions:
1. Runoff from this property drains to the easterly adjacent property. The CDP site plan
references a drainage easement to carry runoff from the property through the easterly
g:AH/06-191 cdppbd
adjacent property and into Caltrans right-of-way, but the grading plan number given is
incorrect. The applicant shall provide evidence of a legal drainage easement in the form of a
recorded easement or an easement granted on a map prior to issuance of any grading or
building permit for the project. If no drainage easement is secured, this project shall
construct a drainage system to mitigate the post-development drainage impact to a level
equal to or less than the predevelopment condition.
2. Soils engineer recommendations for work on a parcel left vacant for some time typically
include removal and recompaction of soils onsite to prepare for pavement and structures,
unless the proposed structures are constructed on a foundation type not requiring the
remedial work. Such remedial work is considered grading and requires a permit unless the
work is exempt under the Municipal Code.
Overhead utilities exist along the property frontage to MacKinnon Avenue. The owner shall
be responsible for the undergrounding of the utilities along the property frontage in
accordance with Engineering standard condition EU5. As an alternative to performing the
undergrounding work, the applicant may make payment to the City of undergrounding in-
lieu fees in conformance with Engineering standard condition EU9. The amount shall be
based on the length of property frontage to MacKinnon Avenue and shall be made prior to
issuance of any grading or building permit for the project.
4. Sanitary sewer is available to service this parcel. The property shall connect to the sanitary
sewer system.
SAN DIEGUITO WATER DISTRICT
1. The district will require that water meters be located in front of the parcel they are serving
and outside of any existing or proposed travel way. Cost of relocation is the responsibility
of the developer.
2. The developer will be required to show all existing and proposed water facilities on
improvement or grading plans for District approval.
3. The developer is required to comply with the District's fees, charges, rules and regulations.
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 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.
g:AH/06-191cdppbd
If you have any questions regarding this determination, please contact-Tom Curriden at the Planning
Department by telephoning (760) 633-2712.
r~
Pa ck Murphy,
Planning and Building Director
g:AH/06-191cdppbd