2007-067CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
APN: 258-231-53
911 Cornish Drive
PBD-2007-67
December 4, 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:
07-166CDP (Applicant: Nadia and Vince Pandes) - Coastal Development Permit request for the
demolition of an existing single-family residence and to allow the construction of a two story,
single-family residence with a detached garage and recreation room within the Coastal Zone (APN
258-231-53; 911 Cornish Drive)
Project Description and Discussion: Coastal Development Permit for the construction of a two
story, single-family residence with a detached garage and recreation room. The total house size will
be 3,339 square feet with an attached 265 square foot garage and a 441 square foot detached garage
and recreation room on an existing legal lot of 10,164 square feet within the R-5 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. The Planning Department did not receive any
correspondence from neighbors concerning the project. Planning staff reviewed the plans and
determined them to be consistent with all policies of the General Plan and all provisions of 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
1. 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
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 demolition of an existing residence and the construction of a
single-family residence with a detached garage and recreation room on an existing legal lot in the R-
5 zone. The Municipal Code and General Plan permit single-family dwellings in the subject R-5
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, the floor area ratio, 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 Cornish
Drive between South Vulcan Avenue and San Dieguito Drive 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 Ouality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303(a),
which exempts the construction of 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, December 4, 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, Exterior Elevations and a Roof Plan date stamped as
received by the City of Encinitas November 15, 2007 and all designated as approved by the
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Planning and Building Director on December 4, 2007, and shall not be altered without
express authorization by the Planning Department.
SC8 Sanitary sewer is available to service this property. The property shall connect to the
sanitary sewer.
SC9 The applicant shall provide additional paving along the property frontage as necessary for
12' of pavement from centerline and shall provide a 6" by 16" PCC flush curb at the edge of
pavement along the property frontage on Cornish Drive. The applicant shall remove the
existing gravel within the public right-of-way and shall provide a 6-foot wide grass swale
behind the flush curb. The swale shall be underlain by 6" of class II base material and shall
be reinforced with modular concrete units to the satisfaction of the City Engineer. It shall be
sloped to allow a 6" rise from the flowline to the property line in order to prevent public
runoff from entering the private property. The swale shall be irrigated as necessary to
maintain the vegetation within the swale. An encroachment permit shall be obtained for the
private maintenance of the swale into perpetuity. The required street improvements may be
designed and permitted with an improvement permit or a grading permit.
SC10 The driveway openings shall occupy a maximum of 40% of the property frontage in
accordance with the San Diego regional standard. For a 72' wide property, approximately
30' total may be allocated for the driveway openings. The driveway shall slope up to allow
a minimum 6" rise from the flowline to the property line in order to prevent runoff from
Cornish from entering the private property. The portions of the driveway within the public
right-of-way shall be surfaced in PCC to the satisfaction of the City Engineer. The Building
Plans shall be revised to indicate that the driveway approach a minimum 3 feet from the
northeast property line pursuant to the City of Encinitas Offstreet Parking Manual.
SC11 Runoff from this property drains to the easterly adjacent property. The applicant shall
construct an infiltration/detention basin in accordance with Engineering standard condition
ED8 in order to ensure that the post-development impact of the cross-lot drainage is equal to
or less than the predevelopment condition. An infiltration basin shall be provided to receive
and mitigate nuisance low-flows; an infiltration and/or detention basin may be constructed
to provide the balance of the volume necessary for mitigation of a 100-year storm. The
basin shall be designed to mimic the current sheet flow discharge to the adjacent property;
concentration of the runoff shall not be allowed. The infiltration/ detention basin shall be
designed and approved by the City Engineer prior to issuance of any grading permit for the
property.
SC12 In order to lessen the drainage impact of the development on the downstream adjacent
property, the applicant shall reduce the proposed impervious area by installing within the
proposed driveway grass or other pervious surface reinforced with modular concrete
reinforcement to stabilize the material for vehicular traffic. The driveway shall be designed
to the satisfaction of the City Engineer prior to issuance of any grading or building permit
for the project.
SC13 Each subject property is currently being served by a 5/8" water meter. Upon development,
the developer shall upgrade the existing meter to meet Fire Department requirements.
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SC14 The developer shall install the water system according to Water Agencies' (WAS)
standards, and dedicate to the San Diego Water District the portion of the water system
which is to be public.
SC15 The San Dieguito Water 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. The cost of
relocation shall be the responsibility of the developer.
SC16 The developer shall show all existing and proposed water facilities on the improvement or
grading plans for the San Dieguito Water District Approval.
SC17 The developer shall comply with the San Dieguito Water District's fees, charges, rules and
regulations.
Gl 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.
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
Code and all other applicable City regu]
issuance unless specifically waived herein.
compliance with any sections of the Municipal
ations in effect at the time of Building Permit
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 %2" 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
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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(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):
F8 CONSTRUCTION MATERIALS: Prior to the delivery of building construction
materials to the project site, all of the following conditions shall be completed to the
satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate
inspecting department or agency.
2. As a minimum, the first lift of asphalt paving shall be in place to provide a
permanent all weather surface for emergency vehicles.
3. All fire hydrants shall be installed, in service, and accepted by the Fire
Department and applicable water district.
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.
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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.
El 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
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
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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 1st 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 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.
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 I 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.
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 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/ or Building Permit Site plan.
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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 also 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.
Patrick Murphy,
Planning and Building Director
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