1997-108CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-97-108
November 4,1997
This letter is to inform you that the Director of Community Development has approved your
application for the following Discretionary Permit for property located in the City of Encinitas:
97-232 MIN (Cole) - Minor Use Permit to allow an attached garage to exceed the standard size
limitation for property located at 3537 Dove Hollow Rd. (APN: 264-232-10).
Project Description and Discussion: Pursuant to Municipal Code Section 30.48.040-A, the
applicant proposes an attached garage of 1066 sq. ft.; the Municipal Code limits garages to 1000 sq.
ft. unless findings for a use permit can be made for the additional area.
Community Development Department staff has analyzed the project plans and the project site and
has determined that the project as proposed would not have any adverse impacts to the surrounding
area. The subject garage is attached to and integrated with the main dwelling. The garage, being 66
sq. ft. over the standard size limitation, will create no adverse impact to the surrounding area.
The proposed single family dwelling complies with the standard building envelope.
A standard public noticing was conducted with no adverse comments having been received. A
Community Development Department public hearing was conducted on October 27, 1997, with no
persons other than the applicant present.
Findings:
Municipal Code Section 30.48.010-A allows attached garages to exceed standard size
limitations provided the following findings can be made:
Minor Use Permit
An application for Use Permit shall be approved unless findings of fact are made based upon the
information presented in the application or during the hearings 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,
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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.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of this Code; or
3. The project fails to comply with any other regulations, conditions or policies imposed by
this Code.
Conclusion: The applicant proposes an attached garage of 1066 sq. ft.; the Municipal Code limits
garages to 1000 sq. ft. Community Development Department staff has analyzed the project plans
and the project site and has determined that the project as proposed would not have any adverse
impacts to the surrounding area. The subject garage is attached to and integrated with the main
dwelling. The garage, being 66 sq. ft. over the standard size limitation, will create no adverse impact
to the surrounding area.
All necessary public facilities are available for the proposed development. The project will not
adversely impact any known natural resources.
California Environmental Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guideline Section 15303(a).
This approval is subject to the following conditions:
This Administrative Design Review approval shall expire on November 4, 1999, two years
from the date of this approval, unless development, as approved herein, is initiated in reliance
on this approval, or an extension of time has been granted pursuant to Municipal Code
provisions.
2. Project is conditionally approved as submitted as evidenced by the application and project
plans dated received by the City of Encinitas on October 8, 1997, consisting of 4 sheets total,
and signed by a City Official as approved by the Community Development Department on
November 4, 1997, and shall not be altered without Community Development Department
review and approval.
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3. Building height shall be measured from the lower of the natural or finished grade.
APPLICANT SHALL CONTACT THE FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. 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 numbers shall conform to Fire Department
standards.
5. Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction
of the Fire Department.
6. Prior to building permit issuance, the applicant shall pay all development impact, plan check
and/or cost recovery fees to the satisfaction of the Encinitas Fire Department.
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 4:00 pm on the 15th calendar day following
the date of this notice of decision. 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.
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 Jim Kennedy at the.
Community Development Department by telephoning (760) 633-2715.
Sandra Holder
Community Development Director
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