2007-033City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2007-33
June 18, 2007
This letter is to inform you that the Planning and Building Director has approved your application
for:
06-237 MIN/CDP (Faust) - A request for approval of a Minor Use Permit and Coastal
Development Permit to allow for a second story detached game room of 746 square-feet on top of
an existing detached garage at the rear of the subject property. The property is located at 884 Eolus
Avenue in the Residential (R-3) zone and within the Coastal Zone of the City of Encinitas (APN
256-242-11).
Project Description and Discussion: The applicant requests approval of a Minor Use Permit
and Coastal Development Permit to allow for the construction of a second story detached game
room above an existing detached garage on an existing legal lot of 26,595 square-feet. An
existing one-story single family residence of 1,624 square-feet is on the site, along with a
detached (485 square-feet) accessory unit, and a detached (80 square-feet) storage building. As
per Section 30.48.040.G (Accessory Use Regulations) of the Encinitas Municipal Code,
additional area, height, and story may be permitted for detached game rooms by issuance of a
Minor Use Permit. The proposal requests additional height, an additional story (two-maximum),
and additional area. The application requests to exceed the 450 square-foot limit allocated by
Section 30.48.040.G to detached games rooms for a total of 746 square-feet, and requests to
exceed the total detached structure allotment of 1,200 square-feet or 50% of the principal
residence, whichever is less, for a total of 1,636 square-feet. An additional story and height is
being requested (over the 12 feet allowed for detached accessory structures) since the structure is
to be placed above the existing permitted detached garage.
This proposed game room addition is located at the rear of the property near the north property
line. The proposed structure is approximately 107 feet from the front property line and 10 feet
from the interior north side property line. The existing garage is 810 square-feet with the new
proposed detached game room being 746 square-feet above it. A rear deck of approximately 168
square-feet is proposed off the rear of the game room. This deck will cantilever off of the
existing garage below. The lot coverage will be well below the allowable (35%) with a total of
0.08% with all proposed and existing structures. The total height of the two-story structure will
be 24-foot, 5-inches, measured from the lower of natural or finished grade adjacent to the highest
portion of the roof. All of the R-3 development standards applicable will be maintained with this
proposal. No adverse or detrimental impacts to the site, surrounding properties, or neighborhood
will occur due to the proposed development.
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The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code on February 24, 2007. No one attended the meeting and no additional
comments were received. A standard public notification was issued for the Minor Use Permit
and Coastal Development Permit application, which allowed for a 20-day comment period. No
comments were received. The Planning and Building Department conducted an Administrative
Public Hearing on June 4, 2007. Both the applicant and the applicant's representative appeared
at the public hearing..
This approval is based on the following findings:
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
proj ect;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of
the city;
Facts: The applicant requests approval of a Minor Use Permit and Coastal Development
Permit to allow for the addition of a second story detached game room on top of an
existing detached garage at the rear of the subject property. The additional area will
exceed the maximum allowable height of 12 feet for a detached game room structure and
exceed the 450 square-foot limit for the detached game room use. As per Section
30.48.040.G, Accessory Use Regulations of the Encinitas Municipal Code, additional
area, height, and story may be permitted by issuance of a Minor Use Permit.
Discussion: The Planning and Building Department has conducted an analysis of the
application and has not identified any significant adverse impact to the subject property
or surrounding properties which could result from the proposed use. The proposed
detached game room meets all applicable development standards for the R-3 zoning
designation. The existing footprint of the garage only slightly changes with the second
story game room with the addition of the deck area. The lot area is significantly larger
than a standard R-3 zoned lot (14,500 square-feet) with 26,595 square-feet. The
proposed structure is not adjacent to any of the existing properties neighboring it. A
Public Hearing was conducted on June 4, 2007 in which no comments were received
against the project. A standard public notification was issued for the Minor Use Permit
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and Coastal Development Permit application, which allowed for a 20-day comment
period. There are no environmental issues associated with the project, which the City has
determined is exempt from environmental review pursuant to CEQA Guidelines Section
15303(e).
Conclusion: The Planning and Building Director finds that the proposed project is
compatible with the existing use on the subject property and neighboring properties, and will
not adversely affect or be materially detrimental to adjacent uses or natural resources.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The applicant requests approval of a Minor Use Permit and Coastal Development
Permit to allow for the construction of a second story game room consisting of 746 square-
feet directly above an existing detached garage located at the rear of the subject property.
As per Section 30.48.040.G, Accessory Use Regulations of the Encinitas Municipal
Code, additional area, height, and story may be permitted by issuance of a Minor Use
Permit.
Discussion: With the approval of the Minor Use Permit application as conditioned, the
proposed use complies with all applicable development standards. All applicable utilities
and services are in place to support this development. The proposed use will have no
adverse impact to the policies of the General Plan or provisions of the Municipal Code.
Conclusion: The Planning and Building Director finds that the proposed project will not
adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal
Code. With approval of the Minor Use Permit application as conditioned, the project as
proposed will comply with all regulations, conditions, and policies of the Municipal
Code.
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:
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 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
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with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The applicant requests approval of a Minor Use Permit and Coastal Development
Permit to allow for the construction of a 746 square-foot game room. The proposed project
meets all applicable development standards of the R-3 zoning designation applicable. As
per Section 30.48.040.G, Accessory Use Regulations of the Encinitas Municipal Code,
additional area, height, and story may be permitted by issuance of a Minor Use Permit.
Discussion: Related to finding No. 1, with the approval of the Minor Use Permit request,
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 is
categorically exempt from environmental review pursuant to Section 15303(e) 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 Director 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 and the project is categorically exempt from
environmental review pursuant to Section 15303(e) of the California Environmental Quality
Act (CEQA) Guidelines; 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: The project has been determined to be exempt from environmental
review pursuant to Section 15303(e) of the California Environmental Quality Act (CEQA)
Guidelines. Section 15303(e) exempts accessory (appurtenant) structures including garages,
carports, patios, swimming pools, and fences.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, June 14, 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 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 May 8, 2007, consisting of three (3) sheets including Site
Plan, Floor Plan, and Elevations, all designated as approved by the Planning and Building
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Director on June 18, 2007, and shall not be altered without express authorization by the
Planning and Building Department.
SCA The project falls within an area not serviced by either the Encinitas or the Leucadia
Wastewater sewering agencies. The applicant shall obtain County Department of
Environmental Health approval for the proposed addition.
SCB Prior to building permit issuance, the applicant shall cause a covenant to be recorded
restricting the game room to not be used as a habitable dwelling unit for overnight sleeping
accommodations. Said covenant shall be of a form and content satisfactory to the Planning
and Building Director.
G1 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.
G4 Prior to building permit issuance, 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.
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 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
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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.
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal of
an amendment to the use permit and approval by the authorized agency.
B1 BUILDING CONDITIONS:
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
plan check 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 plan check 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.
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.
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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.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
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 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. on the 15th calendar day
following the date of this notice of decision. The action of the Planning and Building Director may
not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Todd Mierau at the Planning
and Building Department by telephoning (760) 633-2693.
r-
L:3~~
Pa ick Murphy
Planning & Building Director
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