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2012-10RESOLUTION NO. PC 2012-10 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH A DETACHED GARAGE WITHIN THE HILLSIDE/ INLAND BLUFF OVERLAY ZONE FOR THE PROPERTY LOCATED AT 1070` URANIA AVENUE. (CASE NO. 11-190 CDP; APN: 254-363-37) WHEREAS, a request for consideration of a Coastal Development Permit was filed by Jayme Moorman to allow for the construction of a new single-family residence in accordance with Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the Residential 3 (R-3) Zone, Hillside/ Inland Bluff Overlay Zone and within the Coastal Zone, legally described as: PARCEL 2 OF PARCEL MAP NO. 20901, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 13, 2011. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on April 5, 2012, at which time all those desiring to be heard were heard; and WHEREAS, the.Planning Commission considered, without limitation: 1. The April 5, 2012 agenda report to the Planning Commission with attachments; 2. The General Plan, Municipal Code, Local Coastal Program, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings consisting of seven sheets, including site plan, landscape area plan, floor plan, roof plan, elevations (2 Sheets) and a preliminary grading plan all stamped received by the City of Encinitas on February 8, 2012; and WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application Case No. 11-190 CDP subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that the project is categorically exempt from environmental review pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. PBD/AM/g:\Reso1utions\RPC11-190CDP - 1 - PASSED AND ADOPTED this 5th day of April, 2012, by the following vote, to wit: AYES: Brandenberg, Felker, Groseclose and O'Grady NAYS: None ABSENT: Shannon ABSTAIN: None randenberz. Acting Chair of ATTEST: atrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD/AM/g:\Reso1utions\RPC11-190CDP -2- ATTACHMENT "A" Resolution No. PC 2012-10 Case No. 11-190 CDP 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 aspecific 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 seeks approval for the construction of a new single-family residence with a detached garage. The property is located within the R-3 Zone, Hillside/Inland Bluff Overlay Zone and within the Coastal Zone. The project requires a Coastal Development Permit because the applicant is proposing the construction of a new single-family residence on an existing vacant lot within the Coastal Zone. The residence is proposed to be a total size of 1,239 square feet with a 390-square foot garage. The applicant has provided two tandem enclosed parking spaces for the residence. The proposed project complies with all parking standards as per Chapter 30.54 (Off Street Parking) of the Municipal Code. The project is exempt from Design Review in accordance with Section 23.080.030B7 of the Municipal Code because the project is one custom single-family detached dwelling with a dissimilar design from other residences within the immediate neighborhood. The project is subject to the Hillside/ Inland Bluff Overlay Zone regulations because the applicant has previously documented with Case No. 05-007 TPM/CDP that more than 10 percent of the site has slopes of 25 percent or greater in gradient. The proposed project does not require a Design Review permit approval since the proposed improvements would not encroach within sloped areas of 25% gradient or more. The previous applicant executed Document No. 2006-0898797 to preserve all steep slopes within an open space easement. Discussion: With the approval of the Coastal Development permit the project conforms or is conditioned by the City to conform to the Encinitas Municipal Code, General Plan and Local Coastal Program. The project is determined to be categorically exempt from environmental review pursuant to Section 15303(a) of the CEQA Guidelines, which exempts from environmental review the construction of one (1) single-family residence. The site is located off Urania Avenue Leucadia Boulevard and Normandy Road, which is not located between the sea and the nearest public road. PBD/AM/g:\Reso1utions\RPC11-190CDP -3- Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no mitigation measures will be required for the project since staff has determined the project will not result in any significant adverse environmental impacts and is exempt from CEQA; and regarding finding 3) the project is located off Urania Avenue between Leucadia Boulevard and Normandy Road, which is not located between the sea and the nearest public road. ATTACHMENT "B" Resolution No. PC 2012-10 Case No. 11-190 CDP Applicant: Jayme Moorman Location: 1070 Urania Avenue (APN: 254-363-40) SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on April 5, 2014 at 5`:00 pm, or the SC5 SCA 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 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. This project is conditionally approved as set forth on the application and project drawings stamped received by the City on February 8, 2012, consisting of seven sheets including a site plan, landscape area plan, floor plan, roof plan, elevations (2 Sheets) and preliminary `grading plan, all designated as approved by the Planning Commission on April 5, 2012, and shall not be altered without express authorization by the Planning and Building Department. 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 submit and obtain approval of a grading permit from the Engineering Department for the proposed site improvements. Based on the grading proposed on the Coastal Development Permit (CDP) site plan the project may qualify for a simplified` grading permit. 2. Prior to issuance of a grading or building permit, the applicant shall grant an Emergency Access Easement to the City of Encinitas over the proposed fire truck turnaround area. 3. This property drains to the adjacent northerly property. No increase in cross lot drainage will be allowed. Contrary to the CDP site plan, the proposed bioretention basin shall be designed in a manner to capture and mitigate all increased runoff generated by this project. The basin as shown on the CDP plan will not be sufficient. It is recommended that for ease of design the ESM Hydromodification Management Plan criteria be used for the sizing. Final design and sizing shall be approved by the required grading plan: PBD/AM/g:\Resolutions\RPCI 1-190CDP -5- SCD All access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 lbs with an approved surface for all-weather driving capabilities. 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 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, and may not be rented or conveyed separately from the appurtenant dwelling unit. Ll 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 irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the project. PBD/AM/g:\Reso1utions\RPC11-190CDP -6- B1 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. 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. F4 DEAD ENDS: All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provision for the turning around of emergency apparatus. A cul-de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking. 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. PBD/AM/g:\Reso1utions\RPC11-190CDP -7- 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. 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 1/Z" stroke for commercial and multifamily 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. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. 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 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, PBD/AM/g:\Reso1utions\RPCI1-190CDP -8- 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. 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. EDl 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. ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm under developed conditions is equal to or less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. ED9 Runoff from this property drains to the adjacent property. The applicant shall design and construct i~ an underground infiltration basin to receive all site runoff discharging onto the adjacent property. " The infiltration basin shall be an underground storage basin filled with 3/4" crushed rock and lined with a City-approved filter fabric. The surface runoff shall enter the crushed rock filled storage through a grate inlet and disperse via a 4" perforated pipe running laterally through the crushed rock. The detention/infiltration basin shall be designed consistent with Engineering Standard Condition ED8 in order to ensure that the impact of the runoff on the adjacent property is less than or equal to the predevelopment condition. PBD/AM/g:\Resolutions\RPC11-190CDP -9- 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. EUl 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. 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. i PBD/AM/g:\Resolutions\RPC1 1-190CDP -10-