2007-057City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD 2007-57
October 12, 2007
This letter is to inform you that the Planning and Building Director has approved your application
for:
07-025 CDP (DCM Properties) - An application to allow the demolition of the existing
residence and the construction of a 1,467 square foot, one-story, single-family dwelling
and a detached 400 square foot garage. The proposed residence would be a manufactured
home and would be constructed to fulfill the density bonus affordable housing unit
requirement for Case No. 03-009 TM/MUP/CDP/EIA as approved by Resolution No. PC
2003-04 on August 21, 2003. The project site is located in the R-3 (Residential 3) zone.
(APN 216-410-22)
Project Description and Discussion: The applicant proposes to demolish the existing residence
on the subject property and construct a single-family residence for use as an affordable dwelling
unit in satisfaction of the density bonus requirements as per the approval of Case No. 03-009
TM/MUP/CDP/EIA as approved by the Planning Commission on August 21, 2003, Resolution
No. PC 2003-04. All of the conditions, covenants, and regulatory agreements enacted through
that approval shall remain in full force and effect and shall continue to govern the use of the
property for the 30-year term of required affordability, which commences on occupation of the
proposed residence. The conditions of the regulatory agreement for the affordable dwelling unit
include requirements that the exterior finish be compatible with units in the surrounding
neighborhood and associated subdivision and that the interior appearance, finishes, and amenities
be comparable to new, affordable homes in the City and surrounding communities. The
proposed single-family residence will be a one- (1) story, 1,467 square foot manufactured home
with three (3) bedrooms. The exterior of the home will be finished with HardiePlank lap siding,
HardieTrim fascia and trim boards, and a composite shingle roof. The home design includes a
covered front porch and multiple gable ends that add interest to the exterior appearance. Project
drawings include a rendering to demonstrate the appearance of the proposed siding, trim, etc. and
a rendering to demonstrate proposed colors, but neither of these renderings depicts the overall
elevation scheme proposed. The appearance of the proposed building would be as depicted on
the elevation drawings, with the materials and colors as shown on the renderings. The proposed
materials and design are found to be compatible with the homes constructed within the
subdivision and existing homes in the surrounding neighborhood. The project includes a
detached, 400 square foot garage that would be finished to match the proposed home. The
proposed home and detached garage comply with all applicable development standards,
including but not limited to setbacks, building height, and parking requirements, and will be
required to comply with Building and Fire codes through the standard building permit plan check
process. Compliance with building requirements for the site, house foundation, and detached
PBD\KK\\g:\NOD\07-025cdp.nod - 1 -
garage would be evaluated by the City but the building requirements for the structure of the
manufactured home would be under the jurisdiction of the State. This approval includes a
condition of approval requiring a final inspection prior to occupancy by Planning and Housing
staff to ensure that the finished home conforms to this approval, the conditions of Resolution No.
PC 2003-04, and the conditions of the affordable housing covenant and regulatory agreement.
Correspondence: Staff received many emails and a few letters from concerned residents shortly
after filing of the subject application. The correspondence included objections to the proposed
manufactured home being located within the neighborhood and to allowing any exchange of
required floor area of the proposed home with the floor area required for the affordable unit of the
adjacent subdivision to the east, Case No. 04-066 TM/MUP/CDP/EIA. As per Section 65852.3 of
the California Government Code, the City must allow manufactured homes where single-family
residences are allowed, subject to the typical development standards applicable to single-family
residences. As noted above, the proposed manufactured home complies with the applicable
development standards of the subject R-3 zone. The floor area requirement for the proposed unit
would be, at a minimum, to replace the floor area of the existing residence on the project site, which
is too dilapidated to be refurbished. The adjacent subdivision requires a minimum of 1,500 square
feet of floor area for the required density bonus affordable unit, with the option of applying for a
smaller unit through a design review process. The proposed affordable dwelling unit on the
adjacent subdivision is being processed under a separate and unrelated application, Case No. 06-
236 DR/CDP. The unit proposed by that application will be evaluated against the requirements and
conditions of the adjacent subdivision. The subject application stands alone and there will be no
exchange or "swap" of floor area for the affordable dwelling units between the subdivisions.
A standard public notice, which allowed for a 10-calendar day review and comment period, was
published and mailed for the project. One comment was received that reiterated the objection to a
manufactured home being placed in the neighborhood and concerns about the public notice process
for the project. The correspondent notes that the applicant held a voluntary community meeting but
did not include attendees of that meeting in the required public notice for the project and action on
the project should be halted until a new notice is issued for the project that includes all of those
attendees on the mailing list. The proposed project, a single-family residence, does not require a
Citizen's Participation Plan (CPP) process or any other community outreach. The public notice for
the project is required to include all owners and occupants of property within 500 feet of the
perimeter of the subject property. There is no requirement to include any other parties in the
mailing list for the public notice except for those parties that have submitted a request to be so
included accompanied by self-addressed, stamped envelopes to mail the requested notice. No such
requests were received for the subject application. The public notice for the project was properly
published and mailed and the mailing list included all of the required parties.
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;
PBD\KK\\gAN0D\07-025cdp.nod -2-
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
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 the existing
residence and the construction of a single-family residence and a detached garage. A single-
family residence is a permitted use in the subject Residential 3 (R-3) zone. The subject
property is restricted by the approval of Case No. 03-009 TM/MUP/CDP/EIA, Resolution
No. PC 2003-04 dated August 21, 2003, to rent or sale to qualified low-income tenants in
accordance with the covenant and regulatory agreement associated with that approval. The
covenant and regulatory agreement include conditions requiring the exterior of the home to
be compatible with the surrounding neighborhood and the associated subdivision and the
interior to be comparable to new, affordable dwelling units in the City and surrounding
communities. The proposed residence will be a manufactured home, which must be
allowed in areas zoned for single-family residential development in accordance with
Section 65852.3 of the California Government Code. The proposed residence and detached
garage comply with all applicable development standards of the subject R-3 zone and will
be required to comply with Building and Fire codes through the standard plan check process
for manufactured homes.
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 exempt from environmental review as per California
Environmental Quality Act (CEQA) Guidelines Sections 15301(1)(1) and 15303(a).
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
the environmental review; 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 project is exempt for environmental review as per Sections
15301(1)(1) and 15303(a) of the California Environmental Quality Act (CEQA) Guidelines, which
respectively exempt the demolition of and the construction of a single-family residence.
PBD\KK\\gANOD\07-025cdp.nod -3-
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on October 12, 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 September 11, 2007, consisting of nine (9) sheets including
site plan, floor plan, roof plan, two (2) sheets house elevations, two (2) sheets home
renderings, garage elevations, garage construction details, and garage rendering, all
designated as approved by the Planning and Building Director on October 12, 2007, and
shall not be altered without express authorization by the Planning and Building Department.
SCA All applicable conditions of the approval of Case No. 03-009 TM/MUP/CDP/EIA as
approved on August 21, 2003 by Resolution No. PC 2003-04 shall remain in full force
and effect, except those previously satisfied or as specifically modified by this approval.
SCB The project shall comply with all of the requirements of the covenant and affordable
housing regulatory agreement executed by the City on August 4, 2005.
SCC Prior to certifying the proposed residence and garage for occupancy, a final inspection shall
be conducted by Planning Department and Housing Division staff to ensure compliance
with the conditions and requirements of the this approval, Resolution No. 2003-04, and the
affordable housing covenant and regulatory agreement for the property.
SCD Exterior materials for the project shall consist of HardiePlank siding, HardieTrim trim
boards, and composite shingle roofing as indicated in the application materials. Equivalent
materials may be accepted on review and approval by the Planning and Building
Department.
SCE The following conditions shall be completed, implemented, and/or fulfilled to the
satisfaction of the Engineering Services Department:
a. Proposed area drains and catch basins may not be located within hardscape areas. For
storm water pollution control, runoff shall be routed through landscape areas designated
for BMP prior to discharge into the storm drain system.
b. As shown on the CDP site plan, the applicant shall provide landscape treatment areas to
receive and treat runoff from proposed hardscape and roof areas. The BMP treatment
areas shall be clearly shown on the grading permit and building permit site plans as
"Landscape areas for storm water pollution control to be privately maintained and not to
be modified without a permit from City".
PBD\KK\\gAN0D\07-025cdp.nod -4-
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.
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
use of the project site in reliance on this permit 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.
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.
B1 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
PBD\KK\\g:\NOD\07-025cdp.nod -5-
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).
F17 SMOKE DETECTORS/FIRE SPRINKLER SYSTEMS: Smoke detectors/fire sprinklers
systems shall be inspected by the Fire Department.
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 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.
PBD\KK\\g:\NOD\07-025cdp.nod -6-
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 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.
EUl Utilities
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.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
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 Permit Site Plan shall identify all
PBD\KK\\g:\NOD\07-025cdp.nod -7-
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/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.
trick Murphy
Planning and Building Director
PBD\KK\\g:\NOD\07-025cdp.nod -8-