2011-20 - EGCity of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2011-20
June 1, 2011
This letter is to inform you that the Planning and Building Director has approved your
application for:
10-175 CDP (Applicant: Ed Durvey and Coreen Friend) - A request for a Coastal
Development Permit for the demolition of an existing single-family residence and
construction of a new single-family residence. The subject property is located at 1034
Cornish Drive within the Downtown Encinitas Specific Plan Residential 11 (DR-11) Zone
and Coastal Zone. (APN 258-322-03)
Project Description and Discussion: The project is a request for the demolition of an existing
single-family residence and the construction of a new two story single-family residence with a
basement and attached accessory unit. The demolition of the existing residence and construction
of the new residence requires the issuance of a Coastal Development Permit within the Coastal
Zone.
The lot currently is developed with a single-family residence and a detached affordable unit. The
affordable unit was established with Case No. 97-133 ADP through the Affordable Dwelling
Unit Policy, and a covenant was signed and recorded restricting the unit as an income restricted.
Since the applicant is proposing to demolish the detached affordable dwelling unit the covenant
for the affordable unit will be required to be relinquished prior to the issuance of any building
permit for the new residence.
The applicant proposes the residence to be 2,437 square feet with a 749-square foot basement
garage and 456-square foot accessory unit located within the basement. Access for the residence
is proposed off Dewitt Avenue for both the main residence and the proposed accessory unit.
Two (2) enclosed parking spaces are available within the basement garage and two (2) additional
unenclosed parking spaces are available within the driveway to the garage in accordance with
Section 30.54.030A of the Municipal Code.
A portion of the existing residence is located within the front yard setback for the property. The
applicant is proposing to demolish the existing structure and to utilize the existing legal, non-
conforming envelope. The height of existing structure will be slightly reduced, but maintain the
envelope and not be enlarged, expanded or intensified in accordance with Section 30.76.050B of
the Municipal Code.
PBD\AM\T:\NOD\10-175cdp.nod.doc - 1 -
A 456-square foot accessory unit is proposed within the basement. No direct access is proposed
or is allowed to the main residence. The accessory unit has one (1) unenclosed parking space
available with the driveway to the garage off Dewitt Avenue. The owner will be required to
record a covenant for the accessory unit agreeing to all terms of Section 30.48.040T of the
Municipal Code.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten (10) day comment period from May 13, 2010 to May 23, 2010. The Planning
Department received one verbal comment at the Planning Department Counter and one (1) letter of
concern from a neighbor located at 1035 Cornish Drive. The neighbor with the verbal comments
had concerns with a common chain link fence along the property line, and the letter raised concerns
regarding the construction of a second story, views and the devaluation of adjacent properties.
The chain link fence along the property lines is proposed to remain in place during construction. A
note was previously added to this affect on the preliminary grading plan. The City does not have
any private view ordinance. The applicant has documented that the average lot slope for the
property exceeds 10%, and therefore is subject to the 12-foot height restriction to the top of roof
above the exterior wall and the 16-foot height limit to the ridge from the crown of Cornish Drive.
As proposed the project meets all height requirements for residential structures, and all other
development standards with the Municipal Code, Downtown Encinitas Specific Plan and policies of
the General Plan.
The Planning Department determined the Coastal Development Permit application to be consistent
with all applicable policies of the General Plan and provisions of the Municipal Code. The single-
family dwelling as approved herein is exempt from Design Review as per Section 23.08.030B7 of
the Municipal Code because the project is one (1) custom single-family detached dwelling with a
accessory unit with a dissimilar design from other residences within the immediate neighborhood.
This approval is based on the following findings:
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
PBD\AM\T:\NOD\ 10- 1 75cdp.nod.doc - 2 -
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.
Facts: The applicant requests a Coastal Development Permit for the demolition of an
existing residence and detached affordable dwelling unit and the construction of a new
single-family residence with a accessory unit within the DR-11 Zone. The residence is
proposed to be a total size of 2,437 square feet with a 749-square foot basement garage
and 456-square foot accessory unit located within the basement. The applicant is
proposing to utilize existing legal, non-conforming setbacks within the front yard. The
existing non-conforming area will not be enlarged, expanded or increase the
inconsistency with the regulations in accordance with Section 30.76.050B of the
Municipal Code. Two (2) enclosed parking spaces have been provided along with two
(2) unenclosed spaces within the driveway to the garage. An unenclosed parking space is
available within the driveway for the attached accessory unit. The project complies with
all development standards of the DR-11 Zone related to height, setbacks, lot coverage,
floor area ratio and parking requirements. The project is exempt from the Design Review
regulations in accordance with Section 23.080.030B7 of the Municipal Code because the
project is one (1) custom detached single-family dwelling with an accessory unit.
Discussion: Related to finding No. 1, the project complies with the City's Local Coastal
Program and the Municipal Code. Related to finding No. 2, the project is exempt from the
California Environmental Quality Act (CEQA) Guidelines pursuant to Sections 15303(a)
and 15301(L)(1). Finding No. 3 is not applicable because the lot is located north of East J
Street Drive between Dewitt Avenue and Cornish Drive, which is not located between the
sea and the nearest public road.
Conclusion: The Planning and Building Department finds that 1) the Coastal Development
Permit complies with the City's Local Coastal Plan including policies of the General Plan
and Municipal Code requirements, and all other applicable development and design
standards; 2) no potentially significant adverse impacts to the environment will result from
the project and the project is exempt from environmental review pursuant to the California
Environmental Quality Act (CEQA) Guidelines; and 3) finding No. 3 is not applicable as
the project site is located north of East J Street Drive between Dewitt Avenue and Cornish
Drive, which is not located between the sea and the nearest public road.
Environmental Review:
The project is exempt from environmental review pursuant to the California Environmental
Quality Act (CEQA) Guidelines Sections 15303(a) and 15301(L)(1). Section 15303(a) exempts
from environmental review the construction of one (1) single-family residence. Section
15301(L)(1) exempts from environmental review the demolition of up to three (3) single-family
residences.
This approval is subject to the following conditions:
PBD\AM\'T:\NOD\10-175cdp.nod.doc - 3-
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, June 1, 2013 at 5:00 P.M., or the
expiration date of any extension granted in accordance 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 Coastal Development Permit 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 as listed on
this Permit.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on April 28, 2011, consisting of seven (7) sheets, including
site plan, basement floor plan, first floor plan, second floor plan, elevations (2 Sheets)
and a preliminary grading plan, designated as approved by the Planning and Building
Director on June 1, 2011, and shall not be altered without express authorization by the
Planning and Building Department.
SCA The following conditions shall be included on the building and/or grading plans and
performed to specification of the Engineering Services Department:
The applicant shall provide public improvements along the property frontage to
Cornish Drive. The improvement shall include the installation of City approved
permeable pavers such as Uni EcoStone or Orco Aquabric underlain by a minimum
ten (10) inches thick crushed rock base to the satisfaction of the City Engineer. The
applicant shall ensure a minimum paving width of 24 feet and/or 12 feet from striped
centerline. A 6 inch by 16 inch flush curb shall be placed at the edge of paving
followed by two (2)-foot of pavers at 0% and permeable pavers at 2% for the
remaining area within the public right of way. A six (6) inch berm shall be placed at
the property line to ensure that water from the street will not enter private property.
The applicant shall record a "Permanent Encroachment Maintenance and Removal
Covenant" to ensure the perpetual maintenance of the pavers.
PBD\AM\`I :\NOD\10-175cdp.nod.doc -4-
2. The applicant shall provide public improvements along the property frontage to
Dewitt Avenue. The applicant shall grade the existing slope out of the right of way to
28 feet from centerline (not the full 30 feet). The applicant shall provide 12 feet of
paving from centerline, followed by a 6 inch by 16 inch flush curb and 7.5 feet of
pervious pavers with the same section as described above. Standard curb and five (5)
feet of PCC or DG sidewalk shall be installed 20 feet from centerline. The parkway
area shall be graded at 2% and a retaining wall or slope shall be placed at 28 feet from
centerline. The applicant shall grind and overlay the paving from centerline so that
the pervious pavers receive the runoff. The grade of the street shall be transitioned so
that the runoff drains to the inlet on the West side of Dewitt at the south end of the
property. No private encroachment shall be allowed within the 56 feet with the
exception of modular walls to support the adjacent slope to the north and south with a
Permanent Encroachment Permit and Maintenance and Removal Covenant.
3. A standard G-14 driveway apron shall be installed on Dewitt Avenue.
4. The stormwater treatment for the driveway runoff shall occur on private property, not
within the public right of way.
5. The applicant shall install any proposed utilities serving the site underground.
6. The proposed grass swale for stormwater treatment shall use the City approved
"Vegetated Swale with Underdrain for use in Well Drained Soils" cross section.
SCB The following conditions shall be included on the building and/or grading plans and
performed to specification of the San Dieguito Water District:
1. The developer shall comply with the San Dieguito Water District fees, charges, rules
and regulations.
2. The developer shall pay to upgrade the water meter in order to meet all fire sprinkler
requirements.
SCC Prior to the issuance of the building permit the applicant shall establish a Maximum
Applied Water Allowance (MAWA) and a best landscape design practices checklist
pursuant to Section 23.26.160 of the Municipal Code
SCD Prior to the issuance of the building permit, the applicant shall execute and record a
covenant ensuring that the applicant or any successors in interest to the property will
maintain the attached accessory unit in accordance with all provisions within Section
30.48.040T of the Municipal Code.
SCE Prior to the issuance of the building or grading permit, the applicant shall record a release of
covenant for the existing detached affordable dwelling unit. Additionally, the applicant
shall submit an address request form to remove the "A" designation for the affordable unit.
PBD\AM\T:\NOD\1 0- 1 75cdp.nod.doc -5 -
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING 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 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. The height certification/survey shall be supplemented
with a reduced (8 1/2" x 11 copy of the site plan and elevations depicting the exact point(s)
of certification. The engineer/surveyor shall contact the Planning and Building Department
to identify and finalize the exact point(s) to be certified prior to conducting the survey.
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
Services Departments. The applicant is advised to contact the Planning and Building
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.
G19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times.
Fl Fire Conditions:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in one of the following formats (AutoCad DWG,
DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged
a reasonable fee for updating all response maps.
PBD\AM\T:\NOD\10-175cdp.nod.doc -6-
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 ''/z" 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.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY
DWELLINGS: Structures shall be protected by an automatic fire sprinkler system
designed and installed to the satisfaction of the Fire Department. Plans for the automatic
fire sprinkler system shall be approved by the Fire Department prior to the issuance of
building permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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.
EGI GradinE Conditions
EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG6 Separate grading plans shall be submitted and approved and separate grading permits issued
for borrow or disposal sites if located within city limits.
PBD\AM\T:\NOD\10- I 75cdp.nod.doc -7-
EG7 All newly created slopes within this project shall be no steeper than 2:1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. The report shall be submitted with
the first grading plan submittal and shall be approved prior to issuance of any grading permit
for the project.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the owner shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The owner shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October 1 st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
EG13 Owner shall provide a precise grading plan prior to approval of building permit. Grading
plan shall provide design for drainage improvements, erosion control, storm water pollution
control, and on-site pavement.
ED1 Drainage 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 project site, and all surface waters that may flow onto the project site from adjacent
lands, shall be required. Said drainage system shall include any easements and structures
required by the Engineering Services Director to properly handle the drainage.
ED5 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.
PBD\AM\T:\NOD\10-175cdp.nod.doc - 8 -
ES I Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
ES10 Improvements constructed within the present or future public right-of-way shall be
considered temporary. The owner shall enter into an encroachment removal covenant
agreeing to remove those improvements at the direction of the City.
EU1 Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other
applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESWI Storm Water Pollution Control Conditions
ESW5 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 for
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.
ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the
City Engineer, and secured with a performance bond prior to the issuance of a
grading/building permit for this project.
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.
PBD\AM\'T:\NOD\10-175cdp.nod.doc -9-
EB1: Underground Basement/ Garage Conditions
E133 The developer shall design and have approved the shoring and construction dewatering
systems necessary for the construction of the underground garage prior to issuance of any
grading permit for the project.
EB4 No permanent dewatering system shall be allowed for the underground garage. The
underground garage shall be designed to withstand the hydrostatic pressure without any
dewatering.
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, the decision of the Planning and
Building Director may be appealed to the City Council within 15 calendar days of the date of this
determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm on the
15th calendar day following the date of this Notice of Decision.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department by telephoning (760) 633-2718.
a Murphy,
Planning and Building Director
PBD\AM\T:\NOD\ 10- 1 75cdp.nod.doc - 10-