2008-073City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2008-73
December 19, 2008
This letter is to inform you that the Plarming and Building Director has approved your
application for:
08-147 CDP (Applicant: Tenaja CA, LLC) - A request for a Coastal Development Permit
for the demolition of an existing single-family residence and the construction of a two story,
single-family residence with a basement and a detached guest house on an existing legal lot
within the appeal jurisdiction of the Coastal Commission. The property is located at 1521
Neptune Avenue in the Residential 11 (R-11) zone in the Leucadia community of the City
of Encinitas (APN 254-030-29).
Project Description and Discussion: The project is a Coastal Development Permit request to
allow the demolition of an existing single-family residence and the construction of a two story,
single-family residence with a basement and a detached guest house within the appeal
jurisdiction of the Coastal Commission.
The single-family residence will total 4,475 square feet with a 916 square foot basement garage
and 577 square feet of basement storage/ living area. A roof deck with associated railing and
solar panels are proposed on the single-family residence at a maximum height of 22 feet from
grade in accordance with Section 30.16.010(B)(1) of the Municipal Code.
The 576 square foot detached guest house is proposed to be located on the eastern rear yard
portion of the existing 10,360 square foot lot. Pursuant to Section 30.48.040K of the Municipal.
Code no kitchen facilities would be allowed within the guest house and the guest house could not
be occupied for more than 30 consecutive days. The applicant would be required as a condition
of approval to record a covenant against the property setting forth this restriction in accordance
with Section 30.48.040K(5) of the Municipal Code.
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter
23.06 of the Municipal Code. On October 4, 2008 a Citizen Participation Plan meeting was held
at the subject site with two interested parties in attendance. The applicant: submitted a final
citizen participation report to the Planning Department that was approved on October 6, 2008
which indicated that the two neighbors supported the project. One of the interested parities,
Mike and Barbara Corson, located at 1547 Lorraine Drive subsequently submitted a letter of
concern on October 24, 2008 regarding the final citizen participation report that they received.
The Corson's raised concerns related to inaccuracies in the citizen participation report relative to
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support of the project and concerns related to the proposed main building and guest house
creating potential view blockage. Pursuant to Chapter 30.16 (Residential Zones) the proposed
single-family residence is proposed at a maximum of 22 feet or less for the flat roof of the
residence and 14 feet in height for the detached guest house. The City does not regulate private
view issues, and as proposed single-family residence and detached guest house are exempt from
Design Review in accordance with Section 23.080.030 of the Municipal Code. All concerns
identified in the letter have been noted in the record with this subject Notice of Decision. .
A standard public notification was issued for the Coastal Development Permit, which allowed for a
20 day comment period and a public administrative hearing was required because the proposed
single-family residence is located within the appeal jurisdiction of the Coastal Commission. The
public administrative hearing was held on December 15, 2008 at City Hall with just Planning Staff
in attendance, and no issues were raised regarding the project.
This approval is based on 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 and during the Public Hearing, in order to approve a coastal development permit:
1. The project is.consistent with the certified Local Coastal Program of the City.of Encinitas;
and
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 applicant is proposing the demolition of an existing single-family residence and
the construction of a two story, single-family residence with a basement garage and storage
area and a detached guest house. The residence will be a total of 4,475 square feet with a
916 square foot basement garage and 577 square feet of basement storage and living area. A
576 single story detached guest house is proposed on the eastern rear yard portion of the
10,360 square foot lot. The site is located within the R-11 Zone and appeal jurisdiction of
the Coastal Commission. The project is exempt from the Design Review regulations in
accordance with Section 23.080.030 of the Municipal Code
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Discussion: The single-family residence and detached guest house the project conforms
or is conditioned by the City to conform to the Encinitas Municipal Code, General Plan
and Local Coastal Program. The project is determined to be categorically exempt from
environmental review pursuant to Sections 15303(a) and 15301(1)(1) of the California
Environmental Quality Act (CEQA) Guidelines. Relative to Finding No. 3 the site is not
located between the sea and nearest public road, and no recreational access exists across
the subject site to the Pacific Ocean to the west, nor would they be desirable because the
site is located on the east side of Neptune Avenue with no direct access to the ocean.
Conclusion: The Planning and Building Department finds that 1) the demolition of the
existing single-family residence and construction of new single-family residence and
detached guest house conforms to the City's Local Coastal Program including policies of
the General Plan and Municipal Code requirements for the floor area ratio, lot coverage,
height, access, parking, and circulation, and all other applicable development and design
standards; 2) no potentially significant adverse impacts to the environment will result from
the project; and 3) the site is not located between the sea and nearest public road, and no
recreational access exists across the. subject site to the Pacific Ocean to the west, nor
would they be desirable because the site is located on the east side of Neptune Avenue
with no access directly to the ocean.
Environmental Review: The applicant's representative, Larry J. Pierson of Brain F. Smith and
Associates conducted a historic architectural evaluation of the original house. According to the San
Diego County Real Estate Assessor records the original Spanish Eclectic style residence was
constructed in the 1940 (sic). Based upon Mr. Pierson's evaluation, the original house has suffered
long term neglect and the architecture has lost the integrity of the original residence from additions
and alterations since it was constructed.
The project is exempt from environmental review pursuant to the California Environmental
Quality Act (CEQA) Guidelines Sections 15303(a), which exempts from environmental review the
construction of one single-family residence, or a second dwelling unit in a residential zone, and in
urbanized areas up to three single-family residences may be converted or constructed, and Section
15301(1)(1), which exempts the demolition of up to three single-family residences.
This approval is subject to the following conditions:
SC 1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, December 19, 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
(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.
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SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on November 7, 2008, consisting of nine (9) sheets including a
Site Plan; Lower Floor Plan; Main Level Floor Plan; Upper Level Plan; Roof Plan;
Elevations (2 Sheets); Guest House Plan and Section Drawing and a Preliminary Grading
Plan all designated as approved by the Planning and Building Director on December 19,
2008, and shall not be altered without express authorization by the Planning and Building
Department.
SCA As shown on the conceptual grading plan, a trench drain shall be provided at the base of
the driveway to intercept runoff and prevent the entry of runoff into the garage. Runoff
from the proposed driveway shall receive stone water pollution control treatment in a
designated treatment area prior to discharge from the site. The BMPs shall be designed
to the satisfaction of the City Engineer and shall be approved prior to issuance of any
grading or building permit for the project.
SCB The driveway approach shall allow a six (6) inch rise from the flowline in Neptune to the
property line in order to prevent the entrance of runoff from the street into the private
property.
SCC The existing wall along the property frontage to Neptune appears to.encroach slightly
into the public right-of-way. No encroachment into the public right-of-way shall be
allowed, and the wall shall be removed as shown on the conceptual grading plan.
SCD The applicant shall provide a paved Swale along the property frontage to Neptune
extending eastward to the property line. The minimum structural section shall be four (4)
inches asphalt over six (6) inches of Class II base material.
SCE The design and specifications for the proposed cistern shall be reviewed and approved
prior to issuance of any grading or building permit.
SCF The property is currently being serviced by a 5/8 inch water meter. The developer shall
fire sprinkler the residence and shall upgrade the existing service and meter to the
specification of the Fire Department.
SCG The shall install the water system according to Water Agencies' (WAS) standards, and
dedicate to the District the portion of the water system which is to be public.
SCH 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 shall be the responsibility of the
developer.
SCI The developer shall show, all existing and proposed water facilities on improvement or
grading plans for the approval of the San Dieguito Water District.
SCJ The developer shall comply with the San Dieguito Water District fees, charges, rules and
regulations.
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SCK Prior to the issuance of the building permit, the applicant shall record a covenant for the
guest house in accordance with Section 30.48.040k(5) of the Municipal Code.
G1 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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
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.
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
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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.
B 1 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 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:
F6 GATES: All gates or other strictures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. Gates across fire access roadways shall be
automatic and equipped with approved emergency key operated switches overriding all
command functions and opens the gate(s). Power supply shall be connected to a reliable
municipal source. Gates accessing four (4) or more residences or residential lots, or gates
accessing hazardous, institutional, and educational or assembly occupancy group
structures, shall also be equipped with approved emergency traffic control activating
strobe sensor(s), which will activate the gate on the approach of emergency apparatus
with a battery back-up or manual mechanical disconnect in case of power failure. All
automatic gates must meet Fire Department requirements for rapid, reliable access.
Where this Section requires an approved key-operated switch, it shall be dual keyed or
dual switches with covers provided to facilitate access by law enforcement personnel.
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F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in one of the following formats (AutoCad DWG,
DXF, ESRI shapefile, ESRI personal geodatabase, or XML fonnat) and shall be charged
a reasonable fee for updating all response maps.
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways
shall be a minimum of 24 feet in width during construction and maintained free and clear,
including the parking of vehicles, in accordance with the California Fire Code and the
Encinitas Fire Department.
F13. ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses
shall be placed on all new and existing buildings and at appropriate additional locations
as to be plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said numbers shall contrast with their background, and
shall meet the following minimum standards as to size: 4" high with a 3/8" stroke for
residential buildings, 8" high with a %2" stroke for commercial and multi-family
residential buildings, 12" high with a 1" stroke for industrial buildings. Additional
numbers shall be required where deemed necessary by the Fire Marshal, such as rear
access doors, building corners, and entrances to commercial centers.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY
DWELLINGS: 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 the issuance of
building permit(s).
F18 CLASS "A" ROOF: All strictures shall be provided with a Class "A Roof covering 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 pen-nit
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.
EGI Grading Conditions
EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
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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.
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 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 constriction site within this
project the owner shall submit to and receive approval fi-om the Engineering Services
Director for the proposed haul route. The owner 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
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 Draina6e 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 stone water pollution control
practices during construction.
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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.
ES1 Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
pen-nit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
EUI 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.
EB1: Underground Basement/ Garage Conditions
E132 This project proposes construction of an underground garage. The drainage for the garage
access ramp shall be designed to intercept all runoff and ensure that no stonmwater may
enter the garage. The system to drain wastewater from the garage shall be connected to the
sewer system.
EB3 The developer shall design and have approved the shoring and constriction dewatering
systems necessary for the constriction of the underground garage prior to issuance of any
grading permit for the project.
EB4 No permanent dewatering system shall be allowed for the underground garage. The
underground garage shall be designed to withstand the hydrostatic pressure without any
dewatering.
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E135 If temporary shoring with tie-backs will be utilized for construction of the basement garage,
the tie-backs could potentially encroach into the public right-of-way. If tie-backs within the
public right-of-way are proposed, the applicant shall meet the following requirements:
a. A permanent encroachment permit shall be obtained with a minimum of $1
million liability insurance.
b. The tie-backs shall be placed a minimum of 5 feet below the lowest public
utilities and a minimum of 10 feet below the finished surface elevation at the
property line.
C. All the existing utilities within the public right-of-way shall be potholed by the
developer and the actual location shall be shown on the proposed grading and
improvement plans.
d. Shoring sheet piles, soldier beams, and lagging shall be within the private
property and shall not encroach into the public right-of-way.
e. A structural calculation shall be submitted for temporary shoring for Engineering
review and approval prior to issuance of a grading permit.
f. If phased construction is proposed for the grading and shoring operation, the
phasing sequence shall be shown on the grading plan.
g. An adequate performance bond shall be provided for the grading and shoring.
The engineer's cost estimate for the purpose of bonding shall also include an item
for the complete backfill of the excavated basement area.
h. Grading and building permits shall be processed concurrently. No grading permit
will be issued unless the building plancheck is complete and the project is ready
for building permit issuance.
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, the decision of the Plarming and
Building Director may be appealed to the City Council within 15 calendar days of the date of this
determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm, on the
15°i calendar day following the date of this Notice of Decision. Because the project lies within the
appeal jurisdiction of the California Coastal Commission, this decision will be subject to appeal
directly to the California Coastal Commission, San Diego District Office, for ten (10) business days
following receipt and acceptance by the Coastal Commission of the City's notice of final action,
which will be filed at the close of the City's appeal period or after the resolution of any timely
appeals to the City Council. The exact dates of the Coastal Commission's appeal period will be
determined by the Coastal Commission.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department by telephoning (760) 633-2718.
atrick Murphy,
Planning and Building Director
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