2001-064City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-64
June 28, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
01-103 CR/CDP (Martin/Finn) - A request for a Conceptual Review and Coastal
Development Permit to allow the construction of an addition to an existing residence that
maintains the existing 5-foot, interior, side-yard setback of the first floor for the second
floor portion of the addition where 10 feet is now required. This property is located at
715 Cornish Drive in the R5 (Residential 5) Zone. (APN 258-231-02)
Project Description and Discussion: The applicant requests to construct an addition to an
existing residence that maintains the existing 5-foot, interior, side-yard setback of the first floor
for the second floor portion of the addition where current R5 zoning regulations require 10 feet.
The subject 9,164 square foot lot is developed with the 770 square foot residence at the front of
the lot that is the subject of the addition and a 1,014 square foot residence and 218 square foot
detached shed at the rear of the lot. According to information from the County Assessor's
Residential Building Record for the subject lot, all of the structures were legally constructed
between 1945 and 1960. The proposed addition will result in a 2,672 square foot, two-story
single-family residence. The project plans indicate a building height of 28 feet. The applicant
has agreed and it shall be noted on the project drawings that the submittal for the building permit
in pursuit of this approval shall comply with the residential building height standards as set forth
in Municipal Code Section 30.16.01OB7.
The 1,014 square foot rear unit will be required to be remodeled to meet the Accessory Unit
standards of Municipal Code Section 30.48.040V. The applicant has signed and recorded a
covenant stipulating that the building permit application for the rear unit conversion will be
submitted prior to grant of final inspection on the construction of the residential addition. When
the plans for the rear unit are deemed approvable, final inspection will be allowed for the
addition. Upon the approval of the final inspection for the addition, the applicant shall pull the
permit for the rear unit conversion and will have six months to complete the work and request
final inspection.
Section 30.16.010B10 of the Municipal Code provides that additions to existing nonconforming
residential structures that were legally constructed prior to March 29, 1989, shall be able to
maintain the existing interior, side-yard setback to a minimum of 5 feet where current zoning
requires 10 feet. Should no view issues exist based on the filing of a Conceptual Review
application and subsequent site analysis, the Community Development Director shall approve a
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second-story addition to an existing nonconforming, single-story residence based on the
aforementioned setbacks.
Community Development Department staff, after reviewing the project plans and conducting a
site analysis, has determined that no view issues are associated with the proposed project. The
neighborhood consists of a variety of one- and two-story, single- and multiple-family,
residences. The project site sits just to the east of a ridge that peaks to the west of Cornish Drive
and to the west of a lower, flatter area that extends east to Interstate 5 and south to Santa Fe
Drive. The ridge to the west effectively eliminates westward views from the properties east of
Cornish Drive and the lower elevation of the area to the east and south effectively eliminates
southward views for most residences in the neighborhood. Because of the existing topography
of the area, the proposed addition will have no impact on any existing view. The project as
proposed complies with all other applicable development standards and will be required to
comply with applicable Building and Fire Codes through the standard plan checking process.
A standard public notification was issued for the Conceptual Review and Coastal Development
Permit application, which allowed for a 10-day comment period. No comments were received.
This approval is based on the following findings:
FINDINGS FOR CONCEPTUAL REVIEW
STANDARD: Section 30.16.0101110 of the Municipal Code provides that the authorized
agency must make the following findings of fact, based upon the information presented in the
application in order to approve a Conceptual Review request:
1. The second-story addition to the existing, nonconforming, single-story structure does not
create any view issues.
Facts/Discussion: Section 30.16.0101310 of the Municipal Code provides that additions to
existing nonconforming residential structures that were legally constructed prior to March 29,
1989, shall be able to maintain the existing interior, side-yard setback to a minimum of 5 feet
where current zoning requires 10 feet. Should no view issues exist based on the filing of a
Conceptual Review application and subsequent site analysis, the Community Development
Director shall approve a second-story addition to an existing nonconforming, single-story
residence based on the aforementioned setbacks. The applicant requests to construct an addition
to an existing residence that maintains the existing 5-foot, interior, side-yard setback of the first
floor for the second floor portion of the addition where current R5 zoning regulations require 10
feet. The neighborhood consists of a variety of one- and two-story, single- and multiple-family,
residences. The ridge to the west effectively eliminates westward views from the properties east
of Cornish Drive and the lower elevation of the area to the east and south effectively eliminates
southward views for most residences in the neighborhood. Because of the existing topography
of the area, the second story portion of the proposed addition within the side-yard setback will
have, no impact on any existing view.
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Conclusion: Based on the review of the project plans and after conducting a site analysis, the
Community Development Department finds that the proposed second-story addition will not
impact any views or create any view issues.
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 Municipal Code and General Plan are the applicable components of the Local
Coastal Program. The applicant requests to construct an addition to an existing residence
that maintains the existing 5-foot, interior, side-yard setback of the first floor for the
second floor portion of the addition where current R5 zoning regulations require 10 feet.
Section 30.16.010B10 of the Municipal Code provides that. additions to existing
nonconforming residential structures that were legally constructed prior to March 29,
1989, shall be able to maintain the existing interior, side-yard setback to a minimum of 5
feet where current zoning requires 10 feet. Should no view issues exist based on the
filing of a Conceptual Review application and subsequent site analysis, the Community
Development Director shall approve a second-story addition to an existing
nonconforming, single-story residence based on the aforementioned setbacks.
Discussion: Related to finding No. 1, with the approval of the Conceptual Review request,
the project complies with or is conditioned to comply with the City's Local Coastal Program
and the Municipal Code. Related to finding No. 2, no potentially significant adverse
impacts to the environment are associated with the proposed project, and the project is
categorically exempt from environmental review pursuant to Section 15303(a) of the
California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is inapplicable
since the project is not located between the sea or other body of water and the nearest public
road.
Conclusion: The Community Development Department finds that 1) the project is
consistent with the certified Local Coastal Program of the City of Encinitas; 2) no
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potentially significant adverse impacts to the environment will result and the project is
categorically exempt from environmental review pursuant to Section 15303(a) of the
California Environmental Quality Act (CEQA) Guidelines; and 3) fmding No. 3 is not
applicable to the project since the project site is not located between the sea or other body of
water and the nearest public road.
Environmental Review: This project is exempt from environmental review pursuant to Section
15303(a) of the CEQA Guidelines, which exempts the construction of one single-family residence.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on June 28, 2003 at 5:00 p.m., two years after the approval of this
project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on April 26, 2001, consisting of 3 sheets including Site Plan,
Floor Plans, and Elevations, all designated as approved by the Community Development
Director on June 28, 2001, and shall not be altered without express authorization by the
Community Development Department.
SCA Plans submitted for building permits in reliance on this approval shall comply with the
residential height regulations of Municipal Code Section 30.16.01 OB7.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT 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.
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
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buflding permit issuance to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
Development 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.
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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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 height of the address
numbers shall conform to Fire Department Standards.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed to
this marker.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
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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.
EA 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 public drain system.
EB The area between the existing street pavement and property line shall be graded up with a
minimum slope of 2% to allow a 6" rise from the flow line invert to the property line. A
minimum 2-foot wide paved swale shall be provided where no curb and gutter is proposed.
EC A grading permit shall be obtained for this project unless the proposed grading is exempt
under Section 23.24.090 of the Municipal Code.
ED If the proposed grading is exempt from the permit requirement, the owner shall provide a
precise site plan prior to approval of the building permit. The building site plan shall
provide design for drainage improvement, erosion control, storm water pollution control and
on-site pavement.
ED 1 Drainage Conditions
ED2 The owner shall exercise special care during the construction phase of this project to prevent
any offsite siltation. The owner shall provide erosion control measures and shall construct
temporary desiltation/detention basins of type, size and location as approved by the
Engineering Services Director. The basins and erosion control measures shall be shown and
specified on the grading plan and shall be constructed to the satisfaction of the Engineering
Services Director prior to the start of any other grading operations. Prior to the removal of
any basins or facilities so constructed the area served shall be protected by additional
drainage facilities, slope erosion control measures and other methods required or approved
by the Engineering Services Director. The owner shall maintain the temporary basins and
erosion control measures for a period of time satisfactory to the Engineering Services
Director and shall guarantee their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the Engineering Services Director.
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 as
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
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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 any grading or building permit
for this project.
ES 1 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.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the under grounding of utility facility improvements.
EU 1 Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department 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 a $100.00 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 Community Development
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 Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
Sandra Holder
Community Development Director
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