2007-053CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
APN: 262-012-11
1349 Crest Drive
PBD-2007-53
September 14, 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:
07-086 CDP (Applicant: John Hayward) - Coastal Development Permit request to allow the
demolition of an existing residence and the construction of a new single-family residence within the
Coastal Zone (APN 262-012-11, 1349 Crest Drive)
Project Description and Discussion: Coastal Development Permit for the demolition of an
existing single-family residence and the construction of a new single-family residence. The total
house size will be 6,132 square feet with an attached 998 square foot garage on an existing legal lot
of 43,564 square feet within the RR-1 zone. The project site is located within the Coastal Zone and
requires the issuance of a Coastal Development Permit for the proposed project.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a 10-day comment period. During the noticing period one letter was submitted to the
Planning Department by an adjacent southerly neighbor at 1365 Crest Drive. The letter raised
concerns of vehicular access on an existing five foot vehicular access easement. Based upon the
plans the applicant would not utilize this access easement, nor have any structures been proposed
within the easement to prohibit access. Planning staff reviewed the plans and determined them to
be consistent with all policies and the municipal code. The single-family dwelling as approved
herein is exempt from Design Review.
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;
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.
Conclusion: The project proposes the demolition of an existing single-family residence and the
construction of a new single-family dwelling on an existing legal lot in the RR-1 zone. The
Municipal Code and General Plan permit single-family dwellings in the subject RR-1 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, setbacks, building height and parking, 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 on Crest Drive between Lake Drive and South El
Camino Real, which 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:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, September 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 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 date stamped August 23, 2007
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and all designated as approved by the Planning and Building Director on September 14,
2007, and shall not be altered without express authorization by the Planning Department.
SC8 Runoff from this property flows to the adjacent property. The applicant shall provide an
infiltration basin in accordance with Engineering standard condition ED8 to ensure that the
post-construction runoff is equal to or less than the pre-development condition.
SC9 The applicant shall dedicate an additional 2' of right-of-way for a centerline to propertyline
width of 27'.
SC10 No sanitary sewer is available to service this property. The applicant shall obtain approval
from the County Health Department prior to issuance of any grading or building permit for
this project.
SC11 The applicant shall provide additional pavement and overlay for minimum 24' total
pavement width. The applicant shall provide a 6" by 16" flush curb along the existing edge
of pavement and shall provide a minimum 5' wide modular concrete-reinforced turf area
behind the flush curb. The turf area shall be underlain with a minimum of 6" of class 2 base
material. A redwood header shall be provided along the opposite side of the turf area. The
applicant shall obtain an encroachment permit for the private maintenance of the turf area
into perpetuity.
G1 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.
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 Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
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G19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times, and may not be rented or conveyed separately from the
appurtenant dwelling unit.
BI 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.
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.
F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades
exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal
mitigation shall be the installation of automatic fire sprinkler systems appropriate to the
structures and uses served. The angle of departure and angle of approach of a fire access
roadway shall not exceed 7%.
F6 GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. All automatic gates across fire access
roadways shall be equipped with approved emergency key operated switches overriding
all command functions and opening the gate(s). Gates accessing four (4) or more
residences or residential lots, or gates accessing hazardous, institutional, educational, or
assembly occupancy group structures shall also be equipped with approved emergency
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traffic control activating strobe light sensor(s) which will activate the gate on the
approach of emergency apparatus. All automatic gates must meet Fire Department
requirements for rapid, reliable access.
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.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum;
the NGVD 29 datum will not be accepted.
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.
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
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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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the any grading or building permit
for this project.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
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ES 1 Street Conditions
ES3 The owner shall make an offer of dedication to the City for all public streets and easements
required by these conditions or shown on the site development plan. The offer shall be
made by execution of a grant deed prior to issuance of any building permit for this project.
All land so offered shall be granted to the City free and clear of all liens and encumbrances
and without cost to the City. Streets that are already public are not required to be
rededicated.
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.
ES 10 Improvements constructed within the present or future public right-of-way shall be
considered temporary. The owner shall enter into an encroachment removal covenant
agreeing to remove those improvements at the direction of the City.
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.
EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other
applicable authorities.
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/or 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
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pollution control shall not be modified without a permit from the City. A note to this effect
shall be placed on the Grading and/ or Building Permit Site plan.
SCM The following San Dieguito Water District conditions shall apply to the project:
The subject property is currently being served by a 5/8" water meter. Upon development, if
the developer is required to fire sprinkler the home, the developer shall be required to
upgrade the existing meter to meet fire requirements.
2. The water meters shall be located in front of the parcel so they are serving and outside of
any existing or proposed travel way. The cost of relocation shall be responsibility of the
developer.
The developer shall be required to show all existing and proposed water facilities on
improvement or grading plans for District Approval.
4. The developer shall 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 not be appealed to the
Coastal Commission.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning Department by telephoning (760) 633-2718.
~ack Murphy,
Planning and Building Director
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