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.
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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.
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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.
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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:
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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.
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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.
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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,
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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.
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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
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