2008-009 - EGCity of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2008-09
January 28, 2008
This letter is to inform you that the Planning and Building Director has approved your application
for:
07-162 MIN (Franklin) - A request for approval of a Minor Use Permit for the proposed
expansion of an existing, attached 915 square foot garage by 253 square feet to 1,168 square feet
which exceeds the maximum 1,000 square foot area allowed for a garage. The subject property is
zoned Rural Residential (RR) and within the City of Encinitas at 3358 Wildflower Valley Drive
(APN 264-091-86).
Project Description and Discussion: The applicant requests approval of a Minor Use Permit for
the proposed expansion of an existing, attached 915 square foot garage by 253 square feet to 1,168
square feet which exceeds the maximum 1,000 square foot area or 50% of living area of the
principal residence, whichever is less, per EMC 30.48.040A(1). As per EMC 30.48.040B1,
additional area may be permitted for a garage by issuance of a Minor Use Permit.
The project is located on a 3.4 acre lot in the shape of a "key hole" generally and is currently
developed with an existing 7,481 square foot single-family dwelling. Currently, an existing 253
square foot workshop is separated from the existing 915 square foot garage. The garage
expansion will remove the existing non-load bearing wall that separates the workshop from the
garage. The expansion of the attached garage will completely take place within the existing
footprint of the home. Because there will be no change in the dwelling's existing footprint and
elevations after the garage expansion, all of the RR development standards applicable will be
maintained with this proposal
With approval of the Minor Use Permit application, the attached garage complies with all other
applicable development standards and will be required to comply with all applicable Building
and Fire codes through the standard plan-checking process. All applicable utilities and services
are in place to support this development. Because the garage expansion is within the existing
home with no change to the dwelling's existing overall footprint and elevations, staff has
determined that the project will not have an adverse effect on adjacent uses, natural resources, or
any policy or provision of the Encinitas General Plan or Municipal Code. See the Findings
section below for additional discussion.
The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code on November 5, 2007. No one attended the meeting and no additional
comments were received.
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A standard public notification to all property owners and tenants within 500-feet of the project
site was issued for the Minor Use Permit application, which allowed for a 20-day comment
period. Staff received one letter of comment from the applicant's homeowner's association
(HOA) which requested the City to deny the application based on the HOA's pending review of
existing solar panels currently being installed on the existing home, and that the proposed garage
expansion had not been reviewed by the HOA. Staff notified the applicant and responded to the
HOA stating that the application will be reviewed according to the permissible garage areas
(EMC 30.48.040A), and any decision rendered would be made according to the Use Permit
Findings (EMC 30.74.070). No other letters of comments were received.
The Planning and Building Department conducted an Administrative Public Hearing on January
14, 2008. Only the applicant and staff we present at the public hearing.
This approval is based on the following findings:
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless fmdings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent
uses, residences, buildings, structures or natural resources, with consideration given to,
but not limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
proj ect;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of
the city.
Facts: The applicant requests approval of a Minor Use Permit for the proposed expansion
of an existing, attached 915 square foot garage by 253 square feet to 1,168 square feet
which exceeds the maximum 1,000 square foot area or 50% of living area of the principal
residence, whichever is less, per EMC 30.48.040A(1). As per EMC 30.48.040B1,
additional area may be permitted for a garage by issuance of a Minor Use Permit.
Discussion: The Planning and Building Department has conducted an analysis of the
application and has not identified any significant adverse impact to the subject property
or surrounding properties which could result from the proposed use since garage
expansion is within the existing home with no change to the dwelling's existing overall
footprint and elevations. Also, because there will be no change in the dwelling's existing
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footprint and elevations after the garage expansion, all of the RR development standards
applicable will be maintained with this proposal.
There are no environmental issues associated with the project, which the City has
determined is exempt from environmental review pursuant to Section 15301(e)(1)
California Environmental Quality Act (CEQA) Guidelines, which exempts additions to
existing structures provided that the addition will not result in an increase of more than
50 percent of the floor area of the structures before the addition, or 2,500 square feet,
whichever is less.
Conclusion: The Planning and Building Director finds that the proposed project is
compatible with the existing use on the subject property and neighboring properties, and
will not adversely affect or be materially detrimental to adjacent uses or natural
resources.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The applicant requests approval of a Minor Use Permit for the proposed expansion
of an existing, attached 915 square foot garage by 253 square feet to 1,168 square feet
which exceeds the maximum 1,000 square foot area or 50% of living area of the principal
residence, whichever is less, per EMC 30.48.040A(1). As per EMC 30.48.040B1,
additional area may be permitted for a garage by issuance of a Minor Use Permit.
Discussion: With the approval of the Minor Use Permit application as conditioned, the
proposed use complies with all applicable development standards. All applicable utilities
and services are in place to support this development. The proposed use will have no
adverse impact to the policies of the General Plan or provisions of the Municipal Code.
Conclusion: The Planning and Building Director finds that the proposed project will not
adversely affect the policies of the Encinitas General Plan or the provisions of the
Municipal Code. With approval of the Minor Use Permit application as conditioned, the
project as proposed will comply with all regulations, conditions, and policies of the
Municipal Code.
Environmental Review: The project has been determined to be exempt from environmental
review pursuant to Section 15301(e)(1) California Environmental Quality Act (CEQA)
Guidelines, which exempts additions to existing structures provided that the addition will not
result in an increase of more than 50 percent of the floor area of the structures before the
addition, or 2,500 square feet, whichever is less.
This approval is subject to the following conditions:
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SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, January 28, 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 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 25, 2007, consisting of three (3) sheets
including Site Plan, Main Level Floor Plan and Elevations, all designated as approved by
the Planning and Building Director on January 28, 2008, and shall not be altered without
express authorization by the Planning and Building Department.
SCA The building plan for the proposed garage shall include BMP measures to receive and treat
runoff from the proposed garage roof. The BMPs shall be designed to the satisfaction of the
City Engineer. Directly connected impervious' areas shall not be allowed.
Gl 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
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.
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal of
an amendment to the use permit and approval by the authorized agency.
B1 BUILDING CONDITIONS:
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
plan check 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 plan check 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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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).
This notice constitutes a decision of the Planning & Building Department only. Additional
permits, including Building Permits, may be required by the Building Division 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. on the
15th calendar day following the date of this notice of decision. The action of the Planning and
Building Director may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact J. Dichoso at the Planning
and Building Department by telephone at (760) 633-2681.
ors..`
Patrick Iurphy
Planning & Building Director
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