2000-001 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2000-001
January 27, 2000
This letter is to inform you that the Director of Community Development has approved your
application for:
99-296 MIN/ADR (Phil Weatherly) - Administrative Design Review to allow the
construction of a single-family dwelling and a detached garage that exceed the standard
height requirement of 26 feet. In addition, the applicant requests approval of a Minor Use
Permit to construct a detached garage that exceeds the permitted area (1,000 square feet)
allowed for detached garages and a pool cabana that exceeds the permitted area (450 square
feet) for detached accessory buildings. The project site is located at 3462 Calle Margarita
within the Rural Residential (RR) zone. (APN: 264-241-08).
Project Description and Discussion: The applicant is requesting approval to construct a 6,506
square foot single-family dwelling at a height of 29'-7" and a detached garage at a height of 26'-3",
which exceed the standard height requirement of 26 feet. In addition, the applicant requests
approval of a Minor Use Permit to construct a 2,290 square foot detached garage, which exceeds
the permitted area (1,000 square feet) allowed for detached garages, and a 500 square foot pool
cabana, which exceeds the permitted area (450 square feet) for detached accessory buildings. The
applicant also proposes to construct a 648 square foot accessory unit located above the detached
garage. The proposed project is located on a 2.12-acre lot in the Rural Residential Zone.
Pursuant to Municipal Code Section 30.16.010B.7.d, a maximum building height of 30 feet maybe
permitted, subject to an Administrative Design Review approval, if it can be found that some
significant views are maintained. Community Development Department staff visited the project
site and determined that any view impact that may result from the portions of the structure that
exceed the 26 foot height standard will be negligible. The majority of the proposed dwelling
complies with the height regulations. Only the center portion of the dwelling exceeds the 26 foot
height standard. In addition, the project site is a large lot, the dwelling and garage are setback 60 to
70 feet from the side property lines and 86 to 137 feet from the front and rear property lines. The
large building setbacks allow for more open views through the project site.
The primary views from properties north and south of the project site are to the west and therefore
would not be impacted by the proposed structure. The primary views from the properties east of the
project site are to the east. Also, the properties east of the project site are at a higher elevation than
the project site. The properties to the west are located at a lower elevation than the project site and
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any structure built on the project site might block some views from the property directly west.
However, due to the large building setbacks and that only a small portion of the structures actually
exceeds the height standard, some significant views are still maintained from the property directly
west of the site.
The proposed 2,290 square foot detached garage exceeds the maximum area permitted for a garage
in the Rural Residential zone. Pursuant to Municipal Code Section 30.48.040.A, garages are
allowed in residential zones not to exceed a maximum floor area of 1,000 square feet or 50 % of the
living area of the primary residence, whichever is less. Additional area may be permitted with the
issuance of a Minor Use Permit.
Detached garages are permitted as "accessory uses" to a principal residence. Although the
proposed 2,290 square foot garage is significantly larger than a typical garage for a single-family
residence, staff has determined that it is considered "accessory" to the proposed principal residence
because the proposed area of the residence (6,506 square feet) is significantly larger than typical
single-family homes. The proposed detached garage is compatible with other residences in the
community. In fact, a Minor Use Permit was approved for a garage to exceed the permitted 1,000
square foot floor area on a lot located 4 lots south of the project site.
The project also proposes a 500 square foot pool cabana. Pursuant to Municipal Code Section
30.48.040G, detached recreation rooms are limited to 450 square feet, and when on the same lot as
a detached garage all uses together shall not exceed 1,200 square feet.
This Minor Use Permit allows the detached garage to exceed the 1,000 square feet permitted for
garages and the pool cabana to exceed the 450 square feet permitted for a detached recreation room.
The Permit also allows both detached structures to exceed the 1,200 square feet permitted for the
cumulative floor area of detached accessory buildings. A request to construct any additional
accessory buildings of the project site will require an application to amend this Minor Use Permit.
The project site is large enough to accommodate the proposed garage, pool cabana, residence and
accessory unit, while maintaining all required building setback and lot coverage requirements.
Based on the size of the project lot and the wide building setbacks from adjacent properties, the
additional floor area permitted for the garage and pool cabana will not significantly impact
neighboring properties.
Pursuant to Map 13566, an 8-foot wide recreation trail easement exists along the entire western
boundary of the project site. No activities or improvements, including fencing, landscaping or
structures are permitted within the trail easement.
A standard public notice for the Minor Use Permit and Administrative Design Review was mailed
on December 16, 1999, which allowed for a 20-day comment period as required for administrative
applications. The Community Development Department conducted a public hearing on January 3,
2000, with no members of the public appearing to give comments.
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Due to a typographical error on the first notice, a second notice was mailed, which allowed an
additional 20-day comment period. A second public hearing was also held on January 24, 2000.
One adjacent property owner attended the hearing to review the project plans and offered no
negative comment on the project.
Staff received one letter in opposition to the proposed project from the resident of the property
directly west of the project site. The resident expressed concern that the proposal to exceed the
height standard might result in an impact to views and that the proposed garage would look like a
commercial building. Staff left two messages inviting the resident to view the plans at the public
counter or with the applicant on the site. The resident did not respond and did not come to the
public counter to review the plans. Staff also explained that the design of the structures would not
significantly block any views and the garage was designed to minimize the appearance of a garage
and is compatible with the design of the primary residence.
FINDINGS FOR ADMINISTRATIVE DESIGN REVIEW
TO EXCEED THE STANDARD HEIGHT ENVELOPE
STANDARD: Section 30.16.010.B.7.d of the Municipal Code permits residential structures to
exceed the standard height envelope provided the following findings can be made:
a. The portion of the building outside the standard height envelope maintains some of the
significant view enjoyed by residents of nearby properties.
b. The building is compatible in bulk and mass with buildings on neighboring properties.
Facts: The proposed project consists of a 6,506 square foot two-story single-family residence at
29'-7" in height and a 2,290 square foot detached garage with a 648 square foot second story
accessory unit at 26'-3" in height, which exceed the standard height requirement of 26 feet.
Discussion: The property is located in an area that primarily consists of large estate homes on lots
greater than 2 acres. The property is compatible in bulk and mass with other residences on the
neighboring properties. The proposed height of the structures will not significantly impact views
from nearby properties because the primary views of nearby properties are directed away from the
subject site.
Conclusion: Community Development Department staff visited the site and determined that the
portion of the structures proposed to exceed the standard height envelope will not significantly
impact views from surrounding properties, and that the mass of the proposed home would not be
out of scale with surrounding development.
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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 findings 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: Pursuant to Municipal Code Section 30.48.040 A, garages are allowed in residential
zones not to exceed a maximum floor area of 1,000 square feet or 50 % of the living area of
the primary residence, whichever is less. In addition, Municipal Code Section 30.48.040G
permits recreation rooms not to exceed 450 square feet, and when on the same lot as a
detached garage all uses together shall not exceed 1,200 square feet. Additional area for the
garage and pool cabana may be permitted with the issuance of a Minor Use Permit.
Discussion: The proposed garage and pool cabana will not alter or intensify the proposed
residential use; and therefore, will not adversely impact or require additional public
facilities, services or utilities. The project site is a 2.12-acre lot located in a large lot rural
residential area. The site is large enough to accommodate the proposed garage, pool
cabana, residence and accessory unit, while maintaining all required building setback and
lot coverage requirements. The proposed garage and pool cabana are compatible and
similar to the surrounding residences and the nature of the rural residential area. Based on
the nature of the proposed garage/accessory residential use, the project will not result in a
harmful effect upon the environment or other natural resources.
Conclusion: The Community Development Department has conducted an analysis of the
application and has not identified any significant impacts that could result from the
proposed use.
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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
Facts: Pursuant to Municipal Code Section 30.48.040 A, garages are allowed in residential
zones not to exceed a maximum floor area of 1,000 square feet or 50 % of the floor area of
the primary residence, whichever is less. In addition, Municipal Code Section 30.48.040G
permits recreation rooms not to exceed 450 square feet, and when on the same lot as a
detached garage all uses together shall not exceed 1,200 square feet. Additional area for the
garage and pool cabana may be permitted with the issuance of a Minor Use Permit.
Discussion: Based on the nature of the proposed garage and pool cabana, which are
permitted accessory uses to a principal residence, no aspect of the use will result in an
adverse effect to the policies of the Encinitas General Plan or the provisions of the
Municipal Code. The size of the proposed garage and pool cabana will not adversely
impact the City's ability to enforce the provisions of the General Plan or Municipal Code.
Conclusion: The Community Development Department has reviewed the proposed
application and conducted an inspection of the site and has determined that the proposed
structures will not adversely affect the policies of the Encinitas General Plan or the
provisions of the Municipal Code. The Community Development Department has
determined the required findings for the use permit can be made, and the project is
consistent with the Municipal Code and General Plan.
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The proposed use is consistent with the regulations of accessory uses, including
Municipal Code Chapter 30.16, Residential Zones; and 30.48 Accessory Uses.
Conclusion: The Community Development Department has reviewed the proposed
application and conducted an inspection of the site and has determined that the proposed
structures are consistent with all Municipal Code and General Plan regulations. The
Community Development Department has determined the required findings for the use
permit can be made, and the project is consistent with the Municipal Code and General
Plan.
Environmental Status: Exempt from Environmental Review as per CEQA Guidelines Section
15303.
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This approval is subject to the following conditions:
SC 1 SPECIFIC CONDITIONS:
SC2 This approval will expire on January 27, 2002 at 5:00 pm, 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 plans dated
received by the City on November 30, 1999, consisting of 6 sheets including Site Plan,
Floor Plans, and Building Elevations, all designated as approved by the Community
Development Director on January 27, 2000. Approved plans shall not be altered without
the express authorization of the Community Development Department.
SCA No grading, landscaping, fencing, or structures are permitted within the 8-foot wide
recreation trail easement that exists along the entire western boundary of the proj ect site.
SCB Prior to issuance of a building permit, the property owner shall cause a covenant to be
recorded, which states that the "pool cabana" may not function as a separate dwelling unit.
No cooking facilities shall be installed within the "pool cabana". The "pool cabana" shall
function as an accessory use of the primary residence and may not be rented separately.
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.
G4 Prior to building permit issuance, the applicant 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 Community Development
Director.
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 Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
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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/CostRecovery 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 Community
Development 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.
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
and approval of an amendment to the use permit by the authorized agency.
F 1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
FA Roof with a "Class A Rating" will be required to the satisfaction of the Fire Marshal.
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance
of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence
shall not be less than 16 feet of paved width.
F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades
exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal
mitigation shall be the installation of automatic fire sprinkler systems for structures
accessed by such a roadway.
F12 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel
breaks to the satisfaction of the Encinitas Fire Department.
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.
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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.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system 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 permits.
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.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (15) calendar days of the date of this determination. 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
applicant's responsibility to obtain all necessary permits required for the type of project proposed.
The action of the Community Development Director in reference to the above item is not
appealable to the Coastal Commission.
If you have any questions regarding this determination, please contact Jennifer Coon at the
Community Development Department by telephoning (760) 633-2717.
Sandra ~Hold~er~~4
Community Development Director
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