2000-005 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2000-005
January 19, 2000
This letter is to inform you that the Director of Community Development has approved your
application for:
99-269 BA/CDP (Neptune West, LLC) - A request for approval of a Boundary
Adjustment between two lots and a Coastal Development Permit to construct two single
family dwellings on the subject lots located at 1637 Neptune Avenue in the R-11 zone (APN
254-022-01 & 28).
Project Description and Discussion: The applicant proposes to adjust the boundary between two
legal lots and construct two new single family dwellings. The dwelling proposed on "Parcel 1" is a
two-story 2,850 square foot single-family dwelling with an attached 458 square foot accessory unit
and an attached 490 square foot garage. The dwelling on "Parcel 2" is a two-story 2,094 square foot
single-family dwelling with an attached 572 square foot accessory unit and an attached 965 square
foot basement/garage
The project site is currently developed with one single-family dwelling that is constructed across
both existing legal lots. The subject R-11 zone allows a minimum lot size of 3,940 square feet (net).
The proposed boundary adjustment will result in a 5,769 net square foot lot (Parcel "1 and a 4,800
net square foot lot (Parcel "2"). The subject zone requires minimum lot dimensions of 40 feet in
width and 90 feet in depth. "Parcel 1" is proposed to have a lot width of 56 feet and depth of 120
feet. "Parcel 2" is proposed to have a lot width of 40 feet and depth of 120 feet. The proposed
boundary adjustment will result in lots that are consistent with the minimum lot standards for the
subject R-11 zone.
Both of the proposed dwellings comply with all applicable development standards for the subject
R-11 zone, including building setbacks, lot coverage, floor area ratio and height standards.
In addition, both attached accessory units comply with the requirements for accessory units, as
specified in Section 30.48.040V of the Municipal Code. Attached or detached accessory units are
permitted on lots zoned for single-family dwellings, provided the accessory unit maintains the
character of a single-family dwelling and does not exceed 750 square feet or 30% of the living area
of the principal residence. Both proposed accessory units are incorporated into the principal
residence. The accessory unit located on "Parcel 1" is located on the second floor at the rear of the
dwelling above the garage. Access to the unit is provided from the interior of the dwelling and an
exterior doorway, which is accessed by a stairway located on the north elevation. The accessory
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unit located on "Parcel 2" is located on the first floor at the rear of the dwelling. Access to the unit
is provided from the interior of the dwelling and an exterior doorway. Visually, there is no exterior
appearance of an accessory unit on either parcel. The units are architecturally integrated into the
principal residences. In addition, the floor area of the units is 458 square feet ("Parcel l") and 572
square feet ("Parcel 2"), which is less than 30% of the living area of the principal residences.
One additional off-street parking space is required for the accessory units on both parcels. Because
the floor area of the principal residence on "Parcel 1" exceeds 2,500 square feet, a minimum of three
parking spaces is required for the principal residence. The principal residence on "Parcel 2" is
required to provide 2 off-street parking spaces. The proposed project provides 2 spaces in the
garage of each dwelling. Pursuant to Section 30.54.020.N of the Municipal Code, the third space
for "Parcel 1" is provided in the 16-foot wide driveway, which is within the side yard setback on
"Parcel I". The additional parking space for the accessory unit on each parcel is provided in the
driveway, which is permitted pursuant to Section 30.48.040V.5 of the Municipal Code.
As indicated on the project Site Plan and Elevations for "Parcel 2", a projection for the
chimney/fireplace extends 1 foot into the required 5-foot side yard setback on the north elevation.
Pursuant to Section 30.16.010.E.4. of the Municipal Code, architectural features may project a
maximum of 2 feet into a required 5 foot side yard, provided the projection does not exceed 6 feet in
vertical height. The project Elevations indicate that the height of the projection is measured from
the top of the slab, which also projects into the side yard setback. Therefore, approval of this project
is conditioned that the maximum 6-foot height of the projection include the height of the slab, or
remove the slab and cantilever the projection.
A standard public notification was issued for the Coastal Development Permit, which allowed for a
10-day comment period. Because the project site is located within the Coastal Appeal Zone, an
administrative public hearing was held on January 3, 2000. Several nearby residences attended the
meeting expressing concerns with the height of the proposed dwellings and possible blocking of
views.
Staff explained that the proposed structures complied with the current height regulations and that
there was no provision within the Municipal Code to deny a project based upon view issues if the
project complied with all the code requirements. The residents were still concerned and curious
how the dwelling might block their views. Therefore, in an effort to address the neighbors concerns,
the property owner/applicant agreed to construct a pole on the site that would indicate the highest
point of the proposed structures.
The pole was placed on the site on January 5, 2000 and staff sent out an additional public notice to
extend the public review and comment period. No negative comments were received.
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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 City's General Plan and Municipal Code are applicable components of the City's Local
Coastal Plan. The project consists of a boundary adjustment between two legal lots and the
construction of two single family dwellings on the subject lots as permitted within the subject R-11
Zone.
Conclusion: No aspect of the project has been identified which could have an adverse impact on
coastal resources or any natural resources. Since the project complies with all applicable provisions
of the City's Municipal Code, the Community Development Department finds that the project is
consistent with the certified Local Coastal Program of the City of Encinitas. In addition, required
finding #2 is not applicable since no significant adverse impact is associated with the project.
Finding #3 is not applicable since the project does not involve development between the sea or other
body of water and the nearest public road and therefore does not impact public access to coastal
resources.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
Environmental Review:
The project is found to be exempt from Environmental Review, as per CEQA Guidelines Section
15303 & 15305.
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This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on January 19, 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 December 6, 1999, consisting of 6 sheets including Site Plan (sheet
1), Floor Plans (sheet 2 & 5), and Elevations (sheet 3, 4 & 7), and plans dated received on
December 14, 1999 including Elevations (sheet 3A & 6) and Boundary Adjustment plat.
All plans are designated as approved by the Community Development Director on January
19, 2000. Approved plans shall not be altered without the express authorization of the
Community Development Department.
SCA Prior to issuance of a building permit for the dwellings and accessory units, a covenant shall
be recorded for each parcel between the Owner and the City of Encinitas agreeing to the
terms stipulated in Section 30.48.040V of the Municipal Code.
SCB The accessory units shall be used as a dwelling units only, and no businesses other than
approved home occupations shall be conducted from or within the accessory units.
SCC The chimney/fireplace projection located on the north elevation on "Parcel 2" shall not
exceed a maximum of 6 feet in height or project more than 2 feet into the required 5 foot
side yard setback. The maximum 6-foot height of the projection shall include the height of
the slab, or the plans shall be revised to remove the slab from under the projection and
cantilever the projection.
SCD A certificate of compliance for the lot line adjustment must be recorded prior to approval of
any grading or building permit for any structures on the subject lots.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
BA1 Completion of this lot line adjustment shall require the recordation of a Certificate of
Compliance. New legal descriptions reflecting the adjusted parcels shall be prepared to the
satisfaction of the Community Development Department. Pursuant to Municipal Code
Section 24.70.110, a subdivision map of record reflecting the boundaries resulting from this
action may serve as a substitute for a Certificate of Compliance.
M 1 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
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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.
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
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.
B 1 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.
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.
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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.
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.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EA No grading permits shall be issued for this project prior to recordation of a certificate of
compliance for the boundary adjustment.
EB As a condition of the Coastal Development Permit, Grandview Street shall be dedicated by
the developer along the project frontage based on a centerline to right-of-way width of 28
feet in conformance with City of Encinitas standards.
EC As a condition of the Coastal Development Permit, the developer shall enter into a lien
contract for the future improvement of a half street width of 28 feet AC, curb, gutter and
sidewalk along the project frontage prior to issuance of any grading or building permit for
this project.
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
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.
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.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
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ED5 The developer shall pay the current local drainage area fee prior to issuance of a 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.
DIEGUITO WATER CONDITIONS-.
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The following San Dieguito Water District conditions apply to 99-269 BA/CDP:
1. The subject property is currently being served by a 1" water meter. Upon development,
each parcel will be required to be individually metered. The owner may downsize the
existing meter and apply capacity credit toward the installation of a new meter. This must
be done prior to the sale of any lot. Once a lot is sold, capacity credit cannot be transferred.
If the existing meter is to stay, then prior to project approval the owner is required to provide
the District with a written statement indicating which lot will receive the meter.
2. Any modifications required to existing water facilities due to this project shall be done at
the owner's expense.
3. The owner is required to comply with the District's fees, charges, rules and regulations.
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 may be appealed
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 older
Community Development Director
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