2000-046CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2000-46
May 18, 2000
This letter is to inform you that the Director of Community Development has approved your application
for:
00-074 MIN (Jeremy McGrath) - Minor Use Permit to allow the construction of a detached
accessory structure to exceed the allowable area of 450 sq. ft. for the property located at 420
Bridoon Terrace in the RR zone. (APN 264-391-15)
Project Description and Discussion: The applicant proposes to construct a new, detached, accessory
structure on a lot with an existing single-family residence in the RR zone. The single-family residence is
in excess of 5000 square feet and the lot is approximately 2 acres in area. The proposed detached structure
would exceed the allowable area of 450 sq. ft. to a maximum of 3,426 square feet. The new, detached,
accessory structure would incorporate a garage, workshop, exercise room, and a game room. The
accessory structure will comply with the standard building envelope, including height, and all applicable
development standards. Pursuant to Municipal Code Section 30.48.040 G, other accessory uses (pool
houses /recreation rooms/home office) are allowed in residential zones up to 450 square feet. When on the
same lot as a detached private garage, all uses together shall not exceed 1200 square feet or 50 % of the
living area of the primary residence. Additional area, height and story may be permitted with the issuance
of a Minor Use Permit.
The proposed dwelling will be required to comply with applicable Building and Fire codes through the
standard plan-checking process.
Staff conducted a site visit of the property and determined that no views will be impacted and that the
proposed structure is compatible with other residences in the community. The proposed structure will
require grading and a grading permit is currently being reviewed by the Engineering Department.
A standard public notification was issued for the Minor Use with no comments having been received. A
public hearing was conducted on May 8, 2000, by the Community Development Department with no
comments having been received and no one in attendance at the hearing to speak on this item.
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:
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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 project;
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 G, other accessory uses (pool houses
/recreation rooms/home office) are allowed in residential zones up to 450 square feet. When on
the same lot as a detached private garage, all uses together shall not exceed 1200 square feet or 50
% of the living area of the primary residence. Additional area, height and story may be permitted
with the issuance of a Minor Use Permit.
Conclusion: The Community Development Department has conducted an analysis of the
application and has not identified any significant adverse impacts that could result from the
proposed use. No additional public facilities, services or utilities will be required by the structures.
The proposed use is within scale of similar accessory structures in the Olivenhain area and
surrounding development and thus is not considered an intensity of use. The proposed
development will not have any harmful effect upon the environment or other natural resources.
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: A detached, accessory structure to a single-family residence is allowed within a residential
zone pursuant to the standards setforth in Municipal Code Section 30.48.040 G. The use is also
consistent with the General Plan Land Use Policies concerning the Rural Residential zones and the
Olivenhain community character.
Conclusion: The Community Development Department has reviewed the proposed application
and conducted an inspection of the site and has determined that the proposed structure will not
detrimentally affect adjacent uses. 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 structure is consistent
with all Municipal Code and General Plan regulations. The Community Development Department
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has determined that the required findings for the use permit can be made, and the project is
consistent with the Municipal Code and General Plan.
Environmental Review:
The project is found to be exempt from Environmental Review, as per CEQA Guidelines Section
15303(a).
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on May 18, 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 April 4, 2000, consisting of 3 sheets, including Site Plan, Floor Plans, and
Elevations, all designated as approved by the Community Development Director on May 18,
2000, and shall not be altered without express authorization by the Community Development
Department.
SCA Prior to issuance of a building permit, the applicant shall record a covenant stating that the
detached accessory structure will not at any time be utilized as an accessory dwelling unit, contain
kitchen facilities, or be used for overnight accommodations.
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.
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.
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Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
FA Roof with a "Class A Rating" will be required.
APPLICANT SHALL CONTACT THE 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.
ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading
of the site.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
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 Bill Weedman at the Community
Development Department by telephoning (760) 633-2711.
San
ra Holder
Community Development Director
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