2011-36 - EGCity of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2011-36
November 1, 2011
This letter is to inform you that the Planning and Building Director has approved your
application for:
11-100 CDP (Applicant: Compass Holdings, LLC.) — A request for a Coastal
Development Permit for a remodel and addition to an existing single-family residence. The
subject property is located at 529 Neptune Avenue within the Single-Family Residential 11
(RS-11) Zone and the appeal jurisdiction of the Coastal Commission within the Coastal
Zone. (APN 256-083-06)
Project Description and Discussion: The project is a request for a remodel and addition for an
existing single-family residence within the appeal jurisdiction of the Coastal Commission within
the Coastal Zone. The addition will exceed 10% of the internal floor area of the existing
residence within the appeal jurisdiction of the Coastal Commission, and therefore requires the
issuance of a Coastal Development Permit.
The applicant is proposing a 440-square foot addition attached to an existing 1,042 square foot
single-family residence. A Residential Building Record from the San Diego County Assessor's
Office indicates that a one-car garage was previously located on site. As part of the scope of
work the applicant will be converting a previously converted one-car garage back into a single-
car garage in accordance with the non-conformity regulations of the Municipal Code. An
additional unenclosed parking space is available within the driveway accessing the garage.
Other improvements for the site include a proposed exterior deck and stairs with a barbeque and
sink located on the deck. 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.
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter
23.06 of the Municipal Code. On August 27, 2011 a Citizen Participation Plan meeting was held
at the subject site. The applicant submitted a final citizen participation report to the Planning
Department that was approved on September 7, 2011, which indicated that three (3) neighbors
attended the meeting and two (2) neighbors had some concerns. Concerns raised during the
CPP meeting included limiting vacation rentals on the subject property and in regards to
construction worker parking in front of 533 Neptune Avenue.
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Vacation rentals are allowed within single-family residences, and the City cannot prohibit a
vacation rental on site. However, the applicants' representative indicated in the CPP final report
that the property owners spoke with the neighbors and that they do not plan on having a vacation
rental on site. Construction worker parking will be regulated by the Building Inspector or
Parking Enforcement during the construction process. The applicants' representative has agreed
to create a subcontractor/employee agreement for each person to sign to keep vehicles from
parking in front of 533 Neptune Avenue while construction is in process.
A standard public notification was issued for the Coastal Development Permit, which allowed for a
10 day comment period and a public administrative hearing was required because the proposed
single-family residence is located within the appeal jurisdiction of the Coastal Commission. The
public administrative hearing was held on October 31, 20ll at City Hall with Planning Staff, the
property owner and contractor for the project in attendance, and no issues were raised regarding the
project.
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:
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:
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.
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Facts: The applicant requests the construction of an addition and completion of a
remodel to an existing single-family residence within the RS-11 Zone. The residence is
proposed to be 1,482 square feet with a 345-square foot garage on an 8,964-square foot
lot. The proposed one-car garage is in compliance with the non-conformity regulations
of the Municipal Code. The applicant has provided one (1) enclosed parking space
within the remodeled garage and has an extra parking space available within the
driveway to the garage. The project complies with all development standards of the RS-
11 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 Section 15303(e)(1) of the California Environmental
Quality Act (CEQA). Finding No. 3 is not applicable because the lot is located on the east
side of Neptune Avenue, and no recreational access exists across the subject site to the
Pacific Ocean to the west, nor would they be desirable because the site is located on the
east side of Neptune Avenue with no direct access to the ocean.
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 located on the east side of Neptune Avenue, and no recreational access
exists across the subject site to the Pacific Ocean to the west, nor would they be desirable
because the site is located on the east side of Neptune Avenue with no direct access to the
ocean.
Environmental Review: The project is exempt from environmental review pursuant to
California Environmental Quality Act (CEQA) Guideline Section 15303(e)(1). Section
15303(e)(1) exempts from environmental review additions to existing structures provided the
addition does not result in an increase of more than 50 percent of the floor area of the structures
before the addition, or 2,500 square feet, whichever is less.
This approval is subject to the following conditions:
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SC 1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, November 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 October 13, 2011, consisting of four (4) sheets, site plan,
existing frst floor plan, proposed first floor plan and elevations and roof plan, all
designated as approved by the Planning and Building Director on November 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 San Dieguito Water District:
The developer shall install the water system according to Water Agencies' (WAS)
standards, and dedicate to the District the portion of the water system which is to be
public.
2. The developer shall show all existing and proposed water facilities on improvement
and/or grading plans for the San Dieguito Water District approval.
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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
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:
GS Approval of this request shall not waive
Code and all other applicable City regu
issuance unless specifically waived herein.
compliance with any sections of the Municipal
�tions in effect at the time of Building Permit
G 13 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.
BUILDING CONDITION:
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.
F 1 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.
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F 13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/ar 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.
F 18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof coverin� to
the satisfaction of the Encinitas Fire Department.
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. Because the project lies within the
appeal jurisdiction of the California Coastal Commission, this decision will be subject to appeal
directly to the California Coastal Commission, San Diego Disri-ict Office, for ten (10) business days
following receipt and acceptance by the Coastal Commission of the City's notice of final action,
which will be filed at the close of the City's appeal period or after the resolution of any timely
appeals to the City Council. The exact dates of the Coastal Commission's appeal period will be
determined by the Coastal Commission.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department by telephoning (760) 633-2718.
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P 'ck Murphy,
Planning and Building Director
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