1996-033CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-96-033
May 14, 1996
This letter is to inform you that the Director of Community Development has approved your application
for:
96-074 MIN/CDP (Whitley) Minor Use Permit and Coastal Development Permit request to
allow a proposed residential accessory structure to exceed the standard size limitation for such
buildings, for properly located at 398 Orpheus Avenue (256-300-29).
Project Description and Discussion:
Section 30.48.040 of the Municipal Code limits combined accessory uses to a total of 1200 sq.
ft., unless additional area is authorized with a minor use permit. The applicant proposes a
detached accessory building of 1350 sq. ft., consisting of a garage of 810 sq ft. and an accessory
living unit of 540 sq. ft., in conjunction with an existing single family dwelling of 2,520 sq. ft.
The Municipal Code limits the size of accessory living units to 30% of the size of a primary
dwelling, or 750 sq. ft., whichever is less. Given the size of the primary dwelling, an accessory
unit of 750 sq. ft. would be allowed. The application complies with this standard given that an
accessory unit of 540 sq. ft. is proposed.
The proposed building will not generate an adverse visual impact on the surrounding area given
that the subject property is 20,329 sq. ft. and contains significant amounts of existing screening
vegetation.
Community Development Staff visited the site prior to the administrative hearing which was
conducted on May 9, 1996. The applicant was present at the hearing, and no other persons were
present.
A standard 300 ft. / 100 ft. radius public notification was sent. No adverse comments were
received regarding the application request.
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FINDINGS
Use Permit
This approval is subject to the following findings, pursuant to section 30.74.070 of the City of Encinitas
Municipal Code:
1. The location, size, design or operating characteristics of the proposed project will be compatible
with and will not adversely affect and will not be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not limited
to:
A. The adequacy of public facilities, services and utilities to serve the proposed project;
B. The suitability 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;
FINDING: Section 30.48.040 of the Municipal Code permits detached accessory buildings to
exceed standard size limitations provided that the findings applicable to a use permit, as
contained herein, can be made. The Municipal Code limits combined accessory units to a total of
1200 sq. ft., unless additional area is authorized with a minor use permit. The applicant proposes
a detached accessory building, consisting of a garage of 810 sq. ft. and an accessory living unit of
540 sq. ft., for a total area of 1350 sq. ft. The proposed building would be approximately 14 ft. in
height, and therefore would not be out of scale with the site or surrounding area.
The subject site, with 20,329 sq. ft., provides ample area to contain the proposed detached
residential accessory building. Additionally, the site contains significant mature landscaping
which will serve to screen the building from view. The uses proposed for the building (garage
and accessory living unit) would be consistent with the residential zoning and would not generate
impacts adverse to the surrounding residential area. Due to the terrain of the site which slopes
away from Orpheus Avenue, and the location of the existing dwelling and garage, the accessory
building will not create a significant visual impact from the public street.
All facilities necessary to serve the accessory uses are available on site
2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General
Plan or the provisions of the Municipal Code;
FINDING: Section 30.48.040 of the Municipal Code allows detached accessory buildings in
excess of standard size limitations with the approval of a minor use permit.
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3. The project complies with all other regulations, conditions or policies imposed by the Municipal
Code.
FINDING: The Municipal (Zoning) Code provides for the establishment of accessory buildings
in association with an existing single family residence. The project is consistent with all setback
regulations.
Coastal Development Permit
This approval is subject to the following findings, pursuant to section 30.80.090 of the City of
Encinitas Municipal Code:
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 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.
Conclusion: The subject zoning is residential, and the subject site is occupied with an existing
single family dwelling. The Municipal Code permits accessory buildings in association with
existing residences, and provides that such accessory buildings may exceed standard size
limitations with the approval of a minor use permit. Section 30.48.040 of the Municipal Code
limits combined accessory units to a total of 1200 sq. ft., unless additional area is authorized with
a minor use permit. The applicant proposes a detached accessory building, consisting of a garage
of 810 sq ft. and an accessory living unit of 540 sq. ft., for a total area of 1350 sq. ft.
The accessory building is found to be consistent with the existing residential use on site, and with
the surrounding residential neighborhood.
No aspect of the project has been identified which could have an adverse impact on coastal or
any natural resources. The approval of this Coastal Development Permit satisfies the
requirements of the Encinitas Local Coastal Program.
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 impact is associated with the project.
California Environmental Quality Act
The project is found to be exempt from Environmental Review, as per CEQA guidelines Section
15303(e).
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CONDITIONS
This approval is subject to the following conditions:
1. This Minor Use Permit / Coastal Development Permit approval shall expire May 14, 1998, two
years from the date of this approval, unless development, as approved, is initiated in reliance on
this approval.
2. The approved minor use permit for an accessory building shall conform to the application
submitted to the City, as per the application dated received on April 18, 1996 (revised plans dated
received May 13, 1996), and shall not be modified without prior City approval.
3. In the event that any of the conditions of this permit are not satisfied, the Community
Development Department may cause a noticed hearing to be set by the authorized agency to
determine why the City of Encinitas should not revoke this permit.
4. Prior to the issuance of a building permit for the accessory building, the applicant shall cause to
be recorded a covenant in form and content satisfactory to the Director of Community
Development regarding real property which sets forth this grant of approval.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DEPARTMENT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
FIRE
5. The gradient for a fire apparatus roadway shall not exceed 20 Grades exceeding 15%
(incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the
installation of an automatic fire sprinkler system.
6. 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. NOTE: Where structures are located off a roadway or long driveway, a monument
marker shall be placed at the entrance where the driveway intersects the main roadway.
Permanent numbers shall be affixed to this marker.
7. 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.
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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. The Decision of the Director
is not appealable to the 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 Jim Kennedy at the Community
Development Department by telephoning (619) 633-2715.
Sandra Holder
Community Development Director
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