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2008-077City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2008-77 December 30, 2008 This letter is to inform you that the Planning and Building Director has approved your application for: 08-114 CDP (Applicant: Karen Nishi) - A request for a Coastal Development Permit for the demolition of an existing single-family residence and the construction of a single-family residence with a detached garage with a guest house above on an existing legal lot within the Coastal Zone. The property is located at 1060 Hygeia Avenue in the Residential 8 (R-8) zone in the Leucadia community of the City of Encinitas (APN 254-325-30). 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 single- family residence with a detached garage and guest house above on an existing legal lot of 18,000 square feet. The total residence size will be 1,828 square feet with a 588 square foot detached garage. A 545 square foot guest house will be located above the garage. The guest house will not have any kitchen facilities, nor will it be occupied for more than 30 consecutive days or rented as a separate unit. As a condition of approval (G4) the applicant will be required to record a covenant against the property ensuring that the project conforms to all the provisions aforementioned and within Section 30.48.040k of the Municipal Code. The subject property is located within the R-8 Zone and the Coastal Zone. A standard public notification was issued for the Coastal Development Permit application allowing for a ten (10) day comment period from December 19, 2008 to December 29, 2008. Planning Staff did not receive any correspondence during the public noticing period. The Planning Department determined the Coastal Development permit to be consistent with all applicable policies of the General Plan and provisions of the Municipal Code. The single-family dwelling as approved herein is exempt from Design Review as per section 23.08.030 of the Municipal Code. This approval is based on the following findings: PBD\AM\G:\N0D\08-114cdp.nod.doc - 1 - 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: 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 sha11 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 requests the demolition of an. existing single-family residence and the construction of the new single-family residence and .a detached garage with a guest house above on an existing legal lot. The total residence size is proposed to be 1,828 square feet with a detached 588 square foot garage on a 18,000 square foot lot within the R-8 and Coastal Zones. A 545 square foot guest house is proposed above the garage, whereas 640 square feet is allowed in accordance with Section 30.48.040k of the Municipal Code. As a condition of approval the applicant will be required to record a covenant against the property ensuring that the guest house does not have kitchen facilities and is not occupied for more than 30 consecutive days or is rented or otherwise used as a separate dwelling in accordance with 30.48.040K of the Municipal Code. The single-family residence is exempt from Design Review as per Section 23.08.030 of the Municipal Code. Discussion: Related to finding No. 1, the demolition and construction of a new single- family residence with a detached garage and guest house complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, the project is exempt from environmental review pursuant to Sections 15303(a) and 15301(1)(1) of the California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is not applicable because the lot is located on Hygeia Avenue between Hermes Avenue and Hymettus Avenue, which is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning and Building Department finds that the project is consistent with the City's Local Coastal Plan including policies of the General Plan and Municipal Code requirements for floor area ratio, lot coverage, height, access, parking, and circulation, and all other applicable development and design standards. No potentially significant adverse impacts to the environment will result from the project. In regards to the finding No. 3 is not applicable as the project site is located on Hygeia Avenue between PBD\AM\G:\NOD\08-114cdp.nod.doc - 2 - Hermes Avenue and Hymettus Avenue, which is not located between the sea and the nearest public road. The project is consistent with all Building and Planning development standards within the Encinitas Municipal Code. Environmental Review: 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 constricted, and Section 15301(1)(1), which exempts the demolition of up to three single-family residences. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on December 30, 2010 at 5:00 pm, 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 November 18, 2008 consisting of seven (7) sheets including a Site Plan; Preliminary Grading Plan; Floor Plans (2 Sheets) and Elevations (3 Sheets), all designated as approved by the Planning and Building Director on December 30, 2008, and shall not be altered without express authorization by the Planning and Building Department. SCA Sanitary sewer is available to service this property. The property shall connect to the sanitary sewer system. SCB A concrete gutter exists along the property frontage to Hygeia. Behind the concrete gutter, the applicant shall provide a five .(5) foot wide decomposed granite (DG) pedestrian pathway. In order to avoid the erosion of the path along the edge of the gutter and the creation of a tripping hazard there, the applicant shall constrict beneath the path a concrete transition sloping down from the top of the gutter adjacent to the path. The concrete transition shall slope down from the top of the gutter adjacent to the path three inches over a horizontal distance of one foot. The pathway shall be placed over this transition. A section from the right-of-way to the centerline of the existing street pavement shall be provided on the plan. PBD\AM11G:\NOD\08-114cdp.nod.doc - 3 - SCC Runoff from this property flows to the westerly adjacent property. The applicant shall provide a drainage system to intercept the runoff at the rear of the property and to regulate the post-development flow to the adjacent property to levels equal to or less than the existing condition. The system shall be designed to discharge the flows in a sheetflow fashion so that drainage to the westerly adjacent property mimics the current condition. SCD Although the preliminary grading plan shows the nunoff from the proposed path area draining towards the public right-of-way, the subject property currently accepts runoff from the portion of the street right-of-way behind the existing concrete gutter and shall be designed to maintain the existing flow pattern. SCE Prior to the issuance of the building permit, the applicant shall record a covenant against the property with language specifying that no kitchen facilities are installed and that the guest house is not to be occupied for any period of more than 30 days and not rented or occupied as a separate dwelling, and must comply with all provisions of Section 30.48.040k of the Encinitas Municipal Code. G1 STANDARD CONDITIONS: CONTACT THE PLANNING 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. 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. PBD\AM\G:\NOD\08-1 14cdp.nod.doc -4- The applicant shall pay development fees at the established rate. Such fees may include, but G13 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.- 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). Constriction 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 structures 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 (Yates accessing hazardous, institutional, and educational or assembly occupancy group strictures, 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 PBD\AVl\G:\NOD\08-1 14cdp.nod.doc - 5 - 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. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during constriction 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 ''/z" 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. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. 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 structures 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 permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datu111 will not be accepted. PBD'vAM\6:\NOD\08-1 14cdp.nod.doc -6- EGl Grading Conditions EG3 The owner 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 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 from 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. EGI O 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. EDl 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 storm water pollution control practices during construction. PBD'AM\G:\NOD\08-114cdp.nod.doc - 7 - ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may floe 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. ED9 Runoff from this property drains to the adjacent property. The applicant shall design and construct an underground infiltration basin to receive all site runoff discharging onto the adjacent property. The infiltration basin shall be an underground storage basin filled with 3/4" crushed rock and lined with -a City-approved filter fabric. The. surface runoff shall enter the crushed rock filled storage through a grate inlet and disperse via a 4" perforated pipe running laterally through the crushed rock. The detention/infiltration basin shall be designed consistent with Engineering Standard Condition ED8 in order to ensure that the impact of the runoff on the adjacent property is less than or equal to the predevelopment condition. ES1 Street Conditions ES5 Prior to any work being performed in the public right-of-way, a right-of-way constriction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. EU1 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. PBD'AM\G:\NOD\08-114cdp.nod.doc - 8 - 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. 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 Planning 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`x' calendar day following the date of this Notice of Decision. If you have any questions regarding this determination, please contact Andrew Maynard at the Planning and Building Department by telephoning (760) 633-2718. /67 Prick Murphy, Planning and Building Director PBMAM\G:\NOD\05-1 14cdp.nod.doc -9-