2008-002CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
APN: 260-071-37
1252 Rubenstein Avenue
PBD-2008-02
January 18, 2008
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:
07-178 CDP (Applicant: Suzanne Gere) - Coastal Development Permit request to allow a major
remodel and additions to an existing single-family residence within the Coastal Zone (APN 260-
071-37, 1252 Rubenstein Avenue)
Project Description and Discussion: Coastal Development Permit for the demolition, major
remodel and addition to an existing single-family residence. The total house size will be 3,897
square feet with an attached 639 square foot garage on an existing legal lot of 14,518 square feet
within the R-3 zone. The project site is located within the Coastal Zone and requires the issuance of
a Coastal Development Permit for the proposed project because the residence will not remain
habitable during construction.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a 10-day comment period. The Planning Department received two letters from adjacent
neighbors at 1232 and 1236 Rubenstein Avenue concerning the project. Both neighbors had
concerns relating to an existing fence that encroached across the property lines, and the neighbor on
1232 Rubenstein had concerns relating to the previous destruction of trees and the potential
destruction of additional remaining trees. As proposed, the applicant will be replacing the fencing
which encroaches on the northerly property line. The applicant has been conditioned to construct the
fence and all structures solely on their property. Additionally, the project has been conditioned to
require the developer to receive authorization before commencing work on any adjacent properties.
Planning staff reviewed the plans and determined them to be consistent with all policies of the
General Plan and 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, major remodel and addition to an existing
single-family dwelling on an existing legal lot in the R-3 zone. The Municipal Code and General
Plan permit single-family dwellings in the subject R-3 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 Rubenstein Avenue between Summit Place and the Interstate 5
Freeway, 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(e)(2),
which exempts small additions to existing structures.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, January 18, 2010 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
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(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, Section Drawings and a Roof
Plan date stamped as received by the City of Encinitas December 17, 2007 and all
designated as approved by the Planning and Building Director on January 18, 2008, and
shall not be altered without express authorization by the Planning Department.
SC8 Runoff from this property drains to the adjacent property to the west. The applicant shall
prepare for Engineering review and approval, a grading plan showing how the cross-lot
drainage will be mitigated. The system shall include a below-ground infiltration system to
intercept and infiltrate nuisance flows. The balance of the required detention may be
provided in the infiltration basin or in a surface detention basin. The basin shall be designed
to ensure that the impact of the cross-lot drainage on the downstream property is equal to or
less than the pre-development condition. The infiltration/ detention basin may be utilized to
meet the BMP treatment requirement. The grading plan the aforementioned improvements
shall be submitted to the Engineering Department, secured, and approved prior to the
drywall inspection for the proposed structure. The improvements shall be installed to the
satisfaction of the City Engineer prior to issuance of occupancy on the residence.
SC9 The applicant shall grade the right-of-way along the property frontage to Rubenstein
Avenue in order to allow at least a 2% slope to the flowline to prevent runoff from the
public street from entering the private property. The applicant shall provide additional
pavement as necessary for a minimum of 24' of pavement along the property frontage to
Rubenstein. A PCC flush curb shall be provided along the edge of pavement. A six-foot
wide modular-concrete reinforced grass swale shall be provided behind the flush curb. The
swale shall be underlain by 6" of class II base material and shall be bordered on the westerly
side by a redwood header. The applicant shall provide a five-foot wide DG pedestrian path
behind the swale. The grading and/or improvement plan shall be submitted to the
Engineering Department, secured, and approved prior to the drywall inspection for the
proposed structure. The improvements shall be installed to the satisfaction of the City
Engineer prior to issuance of occupancy on the residence.
SC10 Prior to the commencement of work, the applicant shall obtain an encroachment permit for
the private maintenance/ construction of the modular-concrete reinforced grass swale into
perpetuity.
SC11 The applicant shall dedicate additional right-of-way as necessary for a centerline to
propertyline width of 27'. Right-of-way already dedicated is not required to be dedicated
again.
SC12 Each subject property is currently being served by a 5/8" water meter. Prior to the
certificate of occupancy, the developer shall fire sprinkler the residence and shall upgrade
the existing meter to meet the Fire Department requirements.
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SC13 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.
SC 14 All water meters shall be located in front of the parcel they are serving and outside of any
existing or proposed travel way. The cost of relocation is the responsibility of the developer.
SC15 The developer shall show all existing and proposed water facilities on improvement or
grading plans for District Approval.
SC16 The developer shall comply with the San Dieguito Water District's fees, charges, rules and
regulations.
SC17 The applicant shall place all structures and fencing solely on the applicant's property. Prior
to any commencement of work across property lines, the contractor/ property owner/
representative shall receive written permission by all affected parties and property owners.
GI 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.
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
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):
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.
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).
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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.
EG1 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 A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site 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: Such report shall be submitted and
approved: At first submittal of a grading plan.
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
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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 project site, and all surface waters that may flow onto the project site from adjacent
lands, shall be required. Said drainage system shall include any easements and structures
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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the 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.
ES I 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.
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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.
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/ 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/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.
Pat'ck Murphy,
Planning and Building Director
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