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2011-01 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2011-O1 January 12, 2011 This letter is to inform you that the Planning and Building Directar has approved your application for: 10-145 MIN (Xanthos) - A request for a Minor Use Permit for the construction of an additional 1,000 square feet of area to an existing detached barn structure on an existing single-family residential property, totaling 3,000 square feet, which exceeds the 2,000-square foot allowance for barns on lots of two to five acres. Grading work is included in the request for a horse riding arena with associated drainage improvements. The subject property is located at 3214 Fortuna Ranch Road in the Rural Residential (RR) zone of the community of Olivenhain (APN: 264-090-22). Project Description and Discussion: The owner/applicant requests approval of a Minor Use Permit to allow for the construction of additional area (1,000 square feet) to an existing detached barn structure on an existing single-family residentially zoned and occupied property. An approved grading permit (No. 10584-G), authorizing the grading of a horse riding arena was approved on October 28, 2010 by the Engineering Services Division. The property is as a 3.31 gross acre lot with a 3,451-square foot single family residence, a 805-square foot detached two-car garage, a 320- square foot one-car garage and a 189-square foot detached gazebo, located on the east portion of the property accessed via a private road easement. An existing detached barn structure, consisting of 2,000 square feet exists on the west portion of the property. A recreation trail exists to the east of the subject property on the adjacent property, 3234 Fortuna Ranch Road, and to the west of Lone Jack Road near the west portion of this property. The surrounding uses are all single-family residential properties zoned RR with similar detached structures. At this time, drainageBest Management Practice (BMP) improvements and the addition of 1,000 square feet of barn area are being requested. As per Section 30.48.040H of the Accessory Use Regulations of the Encinitas Municipal Code, "when on the same lot as a detached private garage, workshop and/or storage building, all uses together, shall not exceed 1,200 square feet or 25% of the living area of the principal residence, whichever is greater." Additionally under that Section, "in residential zones (requiring one acre minimum), a maximum floor area of 1,000 square feet where the lot is less than two acres, 2,000 square feet where the lot is two to five acres," is permitted for barns and agricultural storage buildings. Additional area, height and story may be permitted for all detached uses on-site by issuance of a minor use permit in accordance with Section 30.48.05OH(2). Since the property is between two and five acres in area (3.31 gross acres approximately) and the total area of detached accessory structures exceeds 1,200 square feet (4,314 square feet approximately), the owner/applicant is requesting a Minor Use Permit to increase the detached accessory structure area allowance. PBD/TGM/T:\N0D\10-145 MIN.nod -1- The barn consists of four, 12-foot wide by 12-foot long horse stalls, a 12-foot wide by 24-foot long bath, storage and tack area, a 12-foot wide by 24-foot long feed room and an existing overhead loft. Two wash racks exist near the porch section of the barn on the outside of the south portion of the structure. A 16-foot wide by 64-foot long aisleway runs through the middle of the barn. The new 1,000-square foot addition to the existing barn consists of four more 12-foot wide by 12-foot long stalls and a 16-foot wide by 24-foot long aisleway to connect to the existing barn. The addition will match the existing exterior appearance of the existing barn. The overall height of the barn will not change with the proposal. It exists at 17-foot, 8 inches as measured from the adjacent grade. Additionally, the barn addition will comply with the applicable development standards outlined in Chapter 30.16 (Residential Zones) of the Municipal Code, applied to the Rural Residential zone. An animal waste enclosure with masonry walls and metal roof is shown directly north of the proposed barn addition. This structure complies with Section 30.55 (Animal Regulations) as it will not be within 35 feet from an adjacent dwelling unit. This structure is condition herein to comply with stormwater regulations as noted in Specific Condition of Approval SCB. No adverse ar detrimental impacts to the site, surrounding properties, or neighborhood would occur with the construction of the proposed project with the implementation of the conditions contained within this Notice of Decision. The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the Municipal Code on October 20, 2010. No one attended the meeting and no comments were received. A standard public notification was issued for the Minor Use Permit application. The Planning and Building Department conducted an Administrative Public Hearing on January 3, 2011. No members of the public appeared at the public hearing to give testimony and no other comments were received prior to the close of the comment period. This approval is based on the following findings: 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: 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; and b. The unsuitability of the site for the type and intensity of use ar development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; PBD/TGM/T:\NOD\ 10-145MIN.nod -2- Facts: A request for Minor Use Permit is being considered for the construction of an additional 1,000 square feet of area to an existing detached barn structure on an existing single-family residential property, totaling 3,000 square feet, which exceeds the 2,000- square foot allowance for barns on lots of two to five acres. Grading work is also proposed for a horse riding arena with associated drainage improvements. The subject property is located at 3214 Fortuna Ranch Road in the Rural Residential (RR) zone of the community of Olivenhain. Discussion: The Planning and Building Department has conducted an analysis of the application and has not identified any significant adverse impact to the subject property or surrounding properties which could result from the proposed use. The site is suitable for the type and intensity of use which is typical of the neighborhood. As per Section 30.48.040H of the Accessory Use Regulations of the Encinitas Municipal Code, "when on the same lot as a detached private garage, workshop and/or storage building, all uses together, shall not exceed 1,200 square feet or 25% of the living area of the principal residence, whichever is greater." Additionally under this Section, "in residential zones (requiring one acre minimum), a maximum floor area of 1,000 square feet where the lot is less than two acres, 2,000 square feet where the lot is two to five acres," is permitted for barns and agricultural storage buildings. Since the property is between two and five acres in area (3.31 gross acres approximately), and the total area of detached accessory structures exceeds 1,200 square feet (4,314 square feet approximately), the owner/applicant is requesting a Minor Use Permit to increase the detached accessory structure area allowance. The barn addition will comply with all applicable development standards for Chapter 30.16 (Residential Zones) and maintain consistency with the intent of Chapter 30.48 (Accessory Use Regulations) of the Encinitas Municipal Code. The project has been determined to be exempt from environmental review with implementation of the conditions contained herein pursuant to Section 15303(e) of the California Environmental Quality Act (CEQA) Guidelines. Section 15303(e) exempts accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Conclusion: The Planning and Building Director finds that the proposed project is compatible with the subject property and neighboring properties, and will not adversely affect or be materially detrimental to adjacent uses or 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 3. The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts/Discussion: The proposed project will not adversely affect the policies of the Encinitas General Plan or the provision of the Municipal Code. With the approval of the Minor Use Permit application as conditioned, the proposed use complies with all applicable development standards. All applicable utilities and services are in place or are conditioned as part of this decision to support this development. The proposed use will have no adverse impact to the policies of the General Plan or provisions of the Municipal Code. PBD/TGM/T:\NOD\10-145MIN.nod -3- Conclusion: The Planning and Building Director finds that the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. With approval of the Minor Use Permit application as conditioned, the project as proposed will comply with all regulations, conditions, and policies of the Municipal Code. Environmental Review: The project has been determined to be exempt from environmental review pursuant to Section 15303(e) of the California Environmental Quality Act (CEQA) Guidelines. Section 15303(e) exempts accessory (appurtenant) structures. This approval is subject to the following conditions: SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on January 12, 2013 at 5:00 pm, or the expiration date of any extension granted in accardance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on November 24, 2010, consisting of two sheets (Site Plan/Grading Plan and one showing the Floor Plan/Elevations), all designated as approved by the Planning and Building Director on January 12, 2011, and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Planning and Building Department: 1. The keeping of animals on the subject property shall be in conformance with Chapter 30.55 (Animal Regulations) of the Encinitas Municipal Code. SCB The following conditions shall be completed andlor fulfilled to the satisfaction of the Engineering Services Department: 1. As shown on the site plan dated November 24, 2010, the owner/applicant shall ensure that the stormwater runoff generated by the barn expansion flow through landscaped Best Management Practice (BMP) areas prior to discharging from the site. 2. The owner/applicant shall install an animal waste enclosure with an impervious, non- combustible roof that will not allow rain water to enter the enclosure. A berm shall be installed at all openings to hold in any liquids and to prevent any flow of storm water through the enclosure area. The berm can be designed wide and flat to allow rolling of a dumpster in and out. The enclosure shall be self contained OR may have PBD/TGM/T:\NOD\ 10-145 MIN. nod -4- a drain that discharges and discharged into the public sanitary sewer system not to planters or the storm drain system. A separate building permit may be required for this structure. SCC The following conditions shall be completed and/or fulfilled to the satisfaction of the Olivenhain Municipal Water District (OMWD): 1. The owner/applicant shall be required to show all existing and proposed water facilities on improvement or grading plans for District approval, including the location of the water meter that services the property. 2. The owner/applicant shall comply with the District's fees, charges, rules and regulations. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter L 12 of the Municipal Code. G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. GS 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. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. stucco- coated masonry, split-face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and/or grading permits. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. 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 Planning and Building and Engineering PBD/TGM/T: \NOD\ 10-145 MIN.nod -5- Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Deparhnent 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. G21 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and imgation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the proj ect. U2 In the event that any of the conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, ar delete conditions and regulations contained in this permit. U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. US Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. U7 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a use permit contained in Section 30.74.105 of the Municipal Code. Modifications beyond the scope described therein will require submittal of an amendment to the use permit and approval by the authorized agency. PBD/TGM/T:\NOD\ 10-145MIN.nod -6- F1 FIRE CONDITION(S): CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single- Family residential driveways; serving no more than four single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds. F6 GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. Gates across fire access roadways shall be automatic and equipped with approved emergency key operated switches overriding all command functions and opens the gate(s). Power supply shall be connected to a reliable municipal source. Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, and educational or assembly occupancy group structures, shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet Fire Department requirements for rapid, reliable access. Where this Section requires an approved key-operated switch, it shall be dual keyed or dual switches with covers provided to facilitate access by law enforcement personnel. F12 FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4" high with a 3/8" stroke for residential buildings, 8" high with a'/2" stroke for commercial and multi-family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. F16 FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR WILDLAND/URBAN INTERFACE AREAS: Structures shall meet all wildland/urban interface standards to the satisfaction of the Fire Department. As a minimum structures shall meet the following fire resistive construction requirements: (1) Exterior wall PBD/TGM/T:\NOD\ 10-145 MIN.nod -7- surfacing materials shall be of non-combustible materials; (2) Glazing materials shall be tempered multi-paned glass panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass; (4) Ventilation in exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall; (6) Roof covering shall not be less than a Class "A" roof assembly; (7) Vinyl windows, if used, shall meet the following requirements: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and (e) Certified and labeled to ANSUAAMA/NWWDA 101/I>S>2-97 for structural requirements; and (8) Structures shall have an automatic fire sprinkler system installed to the satisfaction of the Fire Department. Structures shall comply with 2006 International Wildland Urban Interface Standards and Encinitas Fire Department Amendments. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof coverin~ to the satisfaction of the Encinitas Fire Department. B1 BUILDING CONDITIONS: CONTACT THE ENCINITAS 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. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EGl Grading Conditions . EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from PBD/TGM/T: \NOD\ 10-145 MIN.nod -8- permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. ED1 Draina2e Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the proj ect site, and all surface waters that may flow onto the proj ect site from adj acent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. EDS The owner shall pay the current local drainage area fee prior to issuance of the 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. ESW1 Storm Water Pollution Control Conditions ESWS The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan/Permit Site Plan identifying all landscape areas designed far storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Engineering Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading/Permit Site plan. This notice constitutes a decision of the Planning & Building Department only. Additional permits, including Building Permits, may be required by the Building Division 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 the appropriate filing fee, prior to 5:00 p.m. on the 15`h calendar day PBD/TGM/T:\NOD\ 10-145MIN.nod -9- following the date of this notice of decision. The action of the Planning and Building Director may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Todd Mierau at the Planning and Building Depariment by telephoning (760) 633-2693. atrick Murphy Planning & Building Director PBD/TGM/T: \NOD\ 10-145MIN.nod -10-