2007-023CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
APN: 258-071-10
459 Fourth Street
PBD-2007-23
May 23, 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:
06-063 CDP (Applicant: Carol O'Brien) - Coastal Development Permit request to allow the
partial demolition of an existing single-family residence with the construction of a single-story
addition within the Coastal Zone (APN 258-071-10, 459 Fourth St.)
Project Description and Discussion: Coastal Development Permit for the partial demolition of and
single-story addition to an existing single-story, single-family residence. The total house size will
be 2,353 square feet with a 379 square foot garage on an existing legal lot of 4,984 sq. ft. within the
R-15 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 notice was issued for the project, with no correspondence being received during
the comment period. The single-family dwelling as approved herein is exempt from Design
Review. The Citizen Participation Program has been completed for the proposed project and a duly
noticed Planning & Building Department public hearing was conducted for the application on
March 13, 2007. A hearing is required due to the fact that the subject property is located in the
Coastal Appeal zone. At said public hearing, only the applicant was in attendance.
Municipal Code Section 30.80 permits residential dwellings in the coastal zone provided the
following findings can be made:
Findings for Coastal Development Permit
1. 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 expansion of an existing single-story, single-family dwelling on
an existing legal lot in the R-15 zone. The Municipal Code and General Plan permit single-family
dwellings in the subject R-15 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 93 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 Sections 15301(1)(1)
and 15303(a), which exempt from Environmental Review additions of under 10,000 square feet to
existing structures.
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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
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
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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.
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, May 23, 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 May 23, 2007, and shall not be altered without
express authorization by the Planning Department.
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.
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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.
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.
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 Separate grading plans shall be submitted and approved and separate grading permits issued
for borrow or disposal sites if located within the city limits.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
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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. The report shall be submitted with
the first grading plan submittal and shall be approved prior to issuance of any grading permit
for the project.
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
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 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.
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 Conditions
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
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EU4A The existing overhead utilities service to the property shall be undergrounded.
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 and Building 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 and Building Permit Site plan.
Engineering Special Conditions:
1. The applicant shall obtain an encroachment permit for the proposed private walkway
within the public right-of-way.
2. The applicant shall upgrade the existing pedestrian ramp at the northeasterly corner of
the Fourth Street and D Street intersection by installing truncated domes in conformance
with current standards.
3. The applicant is advised that any remedial work necessary to prepare the property to
receive the new structure is considered grading and contributes toward the grading
quantities used to determine whether a grading permit is required per Municipal Code
Section 23.24.090. A grading permit shall be obtained for this project and the project
shall abide by the Engineering Department standard grading conditions above unless the
proposed grading is exempt under Section 23.24.090 of the Municipal Code. If the
proposed grading is exempt from the permit requirement, the Owner shall provide the
Engineering Department a copy of the soils report with the building plancheck and shall
prepare 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.
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SAN DIEGUITO WATER DISTRICT
1. The subject property is currently being served by a 5/8" water meter. Upon development,
the developer may be required to fire sprinkler the home, if so, the developer will be
required to upgrade the existing meter to meet fire requirements.
2. 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.
3. The developer will be required to show all existing and proposed water facilities on
improvement or grading plans for District approval.
4. 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. The action
of the Planning and Building Department in reference to the above item may be appealed to the
Coastal Commission.
If you have any questions regarding this determination, please contact Tom Curriden at the Planning
Department by telephoning (760) 633-2712.
f
P ck Murphy,
Planning and Building Director
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