2011-21City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2011-21
June 7, 2011
This letter is to inform you that the Planning and Building Director has approved your
application for:
11-035 CDP (Applicant: Bryan Bagley) - A request for a Coastal Development Permit for
the construction of a new single-family residence with a detached garage on an existing
vacant lot. The subject property is located at 189 North Vulcan within the North 101
Specific Plan Residential 8 (N-R8) Zone and Coastal Zone. (APN 256-400-70)
Project Description and Discussion: The project is a request for the construction of a single-
family residence with a detached garage on an existing vacant lot within the Coastal Zone. The
construction of a new residence requires the issuance of a Coastal Development Permit.
The applicant is proposing the residence to be a total size of 1,940 square feet with a detached
420-square foot garage on an existing 6,648-square foot lot. The detached garage is proposed to
be a maximum of 12 feet in height within the rear and side yard setbacks in accordance with
Section 30.48.040B2 of the Municipal Code. The residence is less than 2,500 square feet and
requires two (2) enclosed parking spaces. The applicant has provided two (2) enclosed spaces
and has an extra parking space located behind the garage within the access driveway. The
project is consistent with the floor area ratio, lot coverage, height, parking and all other
applicable development standards of the Municipal Code and North 101 Specific Plan.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten (10) day comment period from May 26, 2011 to June 6, 2011. The Planning
Department did not receive any correspondence regarding the application.
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
dissimilar design from other residences within the immediate neighborhood.
This approval is based on the following findings:
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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.
Facts: The applicant requests the construction of a new single-family residence with a
detached garage on a vacant lot within the N-R8 Zone. The residence is proposed to be
1,940 square feet with a 420-square foot garage on a 6,648-square foot lot. The proposed
detached garage complies with all size, height and setback standards. The residence is
proposed at less than 2,500 square feet, and thus requires two (2) enclosed parking
spaces. The applicant has provided two (2) enclosed parking spaces within the detached
garage and has extra parking available within the driveway to the garage. The project
complies with all development standards of the N-R8 Zone related to height, setbacks, lot
coverage, floor area ratio and parking. The project is exempt from the design review
regulations in accordance with Section 23.08.030B7 of the Municipal Code because the
project is one (1) custom detached single-family dwelling.
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
environmental review pursuant to Sections 15303(a) of the California Environmental
Quality Act (CEQA). Finding No. 3 is not applicable because the lot is on Vulcan Avenue
north of Sunset 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 Program including General Plan policies
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
because the lot is on North Vulcan Avenue north of Sunset Drive, which is not located
between the sea and the nearest public road.
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Environmental Review: The project is exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA) Guidelines Section 15303(a). Section 15303(a)
exempts from environmental review the construction of one single-family residence, or a second
dwelling unit in a residential zone, and in urbanized areas up to three single-family residences
may be converted or constructed.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, June 7, 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 6 sheets, including cover
sheet, site plan, bmp plan, floor plan and elevations (2 Sheets), all designated as approved
by the Planning and Building Director on June 7, 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:
1. The applicant shall rehabilitate and maintain the existing water quality treatment swale
that accepts and treats the street runoff as originally approved and installed on grading
plan 9577-G along the southerly boundary of this property.
2. The applicant shall obtain a simplified grading permit from the Engineering Services
Department for the construction of this project. The applicant shall obtain rough grade
approval on the simplified grading permit prior to issuance of a building permit.
3. The applicant shall remove and replace any curb, gutter, sidewalk, or other public
improvements that are currently damaged or are damaged during construction to the
satisfaction of the City Engineer. Additionally, the applicant shall repair any damage
to the private driveway caused by the development of this property to the satisfaction
of the City Engineer.
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SCB The following conditions shall be included on the building and/or grading plans and
performed to specification of the San Dieguito Water District:
The developer shall show all existing and proposed water facilities on improvement
or grading plans for the San Dieguito Water District.
2. The developer shall comply with the San Dieguito Water District fees, charges, rules
and regulations.
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
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.
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.
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F1 Fire Conditions:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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.
F8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building
construction materials to the project site all of the following conditions shall be
completed to the satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate
inspecting department or agency;
2. As a minimum the first lift of asphalt paving shall be in place to provide a
permanent all weather surface for emergency vehicles; and
3. All fire hydrants shall be installed, in service and accepted by the Fire
Department and applicable water district.
F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Encinitas
Fire Department standards.
1710 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways
shall be a minimum of 24 feet in width during construction and maintained free and clear,
including the parking of vehicles, in accordance with the California Fire Code and the
Encinitas Fire Department.
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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.
F 15A 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.
EG1 Grading 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.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
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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 1st 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.
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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the grading or building permit for
this project.
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.
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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.
ESW 1 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.
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, 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.
GPatrick Murphy,
Planning and Building Director
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