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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-