2000-068City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
(REVISED) NOTICE OF DECISION
DCD-2000-068
September 10, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
00-134 ADR/CDP (McNalley) - Administrative Design Review Permit and Coastal
Development Permit application for the proposed demolition of an existing single family
dwelling and the construction of a new two-story single-family dwelling on an existing lot.
The proposed single family residence seeks Authority to Exceed Standard Height for
residential structures in order to exceed the 22-foot standard height envelope for flat roof
structures to a maximum height of 24 feet. The subject property is located in the D-R15
Zoning District of the Downtown Encinitas Specific Plan Area (APN: 258-164-15).
Project Description and Discussion: The applicant requests approval to demolish an existing
1,247 square foot single family dwelling and construct a 3,102 square foot, two-story, single-
family dwelling with an attached 400 square foot garage. The proposed flat roof structure
exceeds the standard height limit of 22 feet for flat roofed structures up to a maximum of 24 feet.
The proposed project is located in the D-R15 Zoning District of the Downtown Encinitas
Specific Plan. The average lot slope within the building envelope is less than 10%.
On July 17, 2000, a Notice of Decision was issued for the Coastal Development Permit for the
new residential structure which at that time was proposed in compliance with the 22-foot
standard height limit for flat roofed structures. A building permit was issued by the City for the
project and construction commenced. Prior to the required framing inspection by the City's
Building Department, a Height Certification stamped by a licensed land surveyor was submitted
showing that the highest portion of the structure would actually be 24 feet above the lower of
finished or natural grade.
Pursuant to Municipal Code Section 30.16.01OB7, the standard height limit for residential
buildings is 22 feet or two stories, whichever is less. An allowance of 4 additional feet, to a
maximum height of 26 feet, is provided for projections such as hips and gables of a sloped roof,
chimneys, towers, etc. However with the approval of an Administrative Design Review Permit,
structures may be approved to a maximum height of 30 feet if it can be found that the portion of
the building that exceeds the standard height limit maintains some of the significant views
enjoyed by surrounding residents, and that the building is compatible in bulk and mass with
building on neighboring properties.
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The original application for Coastal Development Permit was amended to include a request for
Administrative Design Review to Exceed Standard Height. The applicant also submitted a
signed letter of intent, dated January 11, 2001, to continue the construction of the structure "at
risk" pending this approval of the Administrative Design Review Permit.
Community Development Department staff visited the project site and determined that the
proposed dwelling would not have a significant impact to views and is compatible with
dwellings and commercial structures on neighboring properties. The proposed single-family
dwelling complies with all other applicable development standards, including building setbacks,
and will be required to comply with all applicable Building and Fire codes through the standard
plan-checking process. Since the proposed dwelling exceeds 2500 square feet in floor area, three
off-street parking spaces are required. The attached 400 square foot garage provides two side by
side parking spaces. The third required space is provided in the driveway directly in front of the
garage. All applicable utilities and services are in place to support this development.
A standard public notification was issued for the Administrative Design Review Permit and Coastal
Development Permit application, which allowed for a 20-day comment period. No letters of
opposition to the proposed height were received. The home proposed by the subject application is
consistent with the neighborhood and no detrimental effects on the neighborhood or surrounding
properties' values are expected.
FINDINGS FOR ADMINISTRATIVE DESIGN REVIEW
TO EXCEED THE STANDARD HEIGHT LIMIT
STANDARD: Section 30.16.010137 of the Municipal Code provides that residential buildings
that exceed the standard height envelope may be approved to a maximum height of 30 feet
through the Administrative Design Review process if the following findings can be made:
1. The portion of the building outside the standard height maintains some of the significant
views enjoyed by residents of nearby properties; and
2. The building is compatible in bulk and mass with buildings on neighboring properties.
Facts: The applicant requests approval to construct a 3,102 square foot, two-story, single-family
dwelling with an attached 400 square foot garage that exceeds the standard height limit of 22 feet
for flat roofed structures up to a maximum of 24 feet. The proposed project is located in the D-
R15 Zoning District of the Downtown Encinitas Specific Plan. The average lot slope within the
building envelope is less than 10%.
Discussion: The project is located in an area that primarily consists of single-family homes and lots
similar in size to the proposed structure. The proposed dwelling is compatible in bulk and mass
with the buildings on neighboring properties. The proposed height of the structure will not
significantly impact views from nearby properties.
CD/MRH:g:Nod:00-134adredp.nod - 2 -
Conclusion: Community Development Department staff visited the subject site and determined that
the portion of the proposed single-family dwelling that exceeds the standard height envelope will
not significantly impact views from surrounding properties, and that the proposed dwelling is
compatible in bulk and mass with buildings on neighboring properties.
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.
Conclusion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Program. The subject zoning allows for the construction of single family dwelling
units. No aspect of the project design has been identified that could have an adverse impact on
coastal resources or any natural resources. The project complies with all applicable development
standards (i.e. lot coverage, setbacks, floor area ratio) as per the Encinitas Municipal Code. 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, and that the required finding #2 is not applicable since no
significant adverse environmental impact is associated with the project. Finding #3 is not
applicable, as the project site is not located between the sea or any other body of water and the first
improved public through road. The approval of this Coastal Development Permit satisfies the
requirements of the Encinitas Local Coastal Program.
Environmental Review: The project is determined to be exempt from Environmental Review as
per Sections 15301(k) and 15303(a) of the California Environmental Quality Act Guidelines
which exempts the demolition of a single family residence (where the structure is not of
historical, archeological, or architectural significance) and the construction of a new single
family residence.
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This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on September 10, 2003 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 drawings
dated received by the City on February 7, 2001, consisting of 10 sheets including Cover
Sheet, Grading Plan, Site Plan, Schedule, Floor Plans, Roof Plan, Elevations, Sections,
Energy Compliance, and Details, all designated as approved by the Community
Development Director on September 10, 2001, and shall not be altered without express
authorization by the Community Development Department.
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.
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.
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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.
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.
FA Roof shall be constructed of Class "A" roofing materials to the satisfaction of the Fire
Marshal.
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 4:00 p.m. on the 15th calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact Mark Hofman at the
Community Development Department by telephoning (760) 633-2637.
Sandra Holder
Community Development Director
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CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2000-068
July 17, 2000
This letter is to inform you that the Director of Community Development has approved your
application for the following Coastal Development Permit for property located in the City of
Encinitas:
00-134CDP (McNalley) - Coastal Development Permit application for the demolition of
an existing residence and the construction of a new, single-family residence.
Site: 701 Third Street APN: 258-164-15
Coastal Development Permit
The project is consistent with the certified Local Coastal Program of the City of Encinitas; and
2. 'he proposed development conforms with Public Resources Code 21000 and following 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 fmding that such development is in conformity with the public access
and public recreation policies of Section 30200 et seq. of the Coastal Act.
Conclusion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The subject zoning allows for the construction of single-family dwelling units
within this neighborhood. No aspect of the project has been identified which could have an adverse
impact on coastal resources or any natural resources. The project will comply with the applicable
development standards (lot coverage, setbacks, floor area ratio, etc.) as per the Encinitas Municipal
Code. 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, and that required finding #2 is not applicable since no significant
adverse environmental impact is associated with the project. Finding #3 is not applicable, as the project
site is not located between the sea and the nearest public road.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
cm/f/00-134cdp.dcd
California Environmental Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guideline Section 15301.
GI
SCI
This approval is subject to the following conditions:
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.
SPECIFIC CONDITIONS:
SC2 This approval will expire on July 17, 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 Community Development Department on May 31, 2000, and shall not be
altered without express authorization by the Community Development Department.
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.
cm/fl00-134cdp.dcd
In accordance with the provisions of Municipal Code Chapter 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 PM on the 15th calendar day
following the date of this notice of decision. This decision is not appealable to the California
Coastal Commission. 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 or applicant's responsibility to
obtain all necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Chris Miller at the
Community Development Department by telephoning (760) 633-2718.
^V
Sandra Holder
Community Development Director
cm/f/00-134cdp.dcd