2012-42 City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-201242
August 21,2012
This letter is to inform you that the Planning and Building Director has approved your
application for:
12-049 CDP (Applicant: Stephen and Jaymae Pennington) — A request for a Coastal
Development Permit for the construction of a new single-family residence on an existing
vacant lot. The subject property is located at 1401 Bella Azul Court within the Rural
Residential 1 (RR-1)Zone and Coastal Zone. (216-122-49)
Project Description and Discussion: The project is a request for the construction of a new
single-family residence with an attached garage on an existing vacant lot. The project requires
the issuance of a Coastal Development Permit within the Coastal Zone of City of Encinitas for
the construction of a new single-family residence and to utilize a temporary construction trailer
during construction.
This property (Parcel 1) was created by a 4-lot subdivision (Case No. 01-301 TM/CDP) and
recorded as Parcel Map 19619. The property is located on the corner of Bella Vista Drive and
Bella Azul Court and takes access on Bella Azul Court. The subdivision established pad
elevations as shown on the tentative parcel map and grading plan that will be utilized as the basis for
determination of height of the residence and structures in accordance with Section 30.16.010B6(d)
of the Municipal Code. The upper pad established for Parcel 1 for purposes of measuring height
was set at 361.0. Since that approval and during the previous grading pen-nit process that pad was
modified to 364.2. The middle pad area is now being proposed at 357.1 and the lower pad area is
proposed at 353.1 adjacent to Bella Vista Drive. For height purposes the applicant will be required
to measure height from the approved pad height of 361.0 for the proposed residence. Any future
structures within the lot outside the approved upper pad area will be required to measure height
from the lower of the existing or finished grade. The applicant has documented that the project
complies with the 26-foot and 30-foot height standards within Chapter 30.16 (Residential Zones)
of the Municipal Code.
The applicant is proposing a 4,034-square foot single-family residence with a 766-square foot
attached garage on an existing 1.03-acre lot. The residence exceeds 2,500 square feet and the
applicant is required to provide two enclosed parking spaces and one unenclosed or enclosed
parking space. The applicant has provided three enclosed parking spaces within the attached
garage and has ample unenclosed parking onsite meeting all parking requirements of the
Municipal Code.
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A temporary construction trailer is also proposed on the northeastern portion of the lot during
construction. Section 30.46.070 of the Municipal Code requires that temporary buildings and
structures supporting residential development obtain the approval of a Coastal Development
Permit. The construction trailer would be required to be removed before final building
occupancy.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten (10) day comment period from July 6, 2012 to July 16, 2012. The Planning
Department did not receive any correspondence regarding the project.
The single-family dwelling is exempt from Design Review as per Section 23.08.030B7 of the
Municipal Code because the project is one custom single-family detached dwelling with a dissimilar
design from other adjacent residences within the immediate neighborhood. 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.
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
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 a new single-family residence with an
attached garage within the RR-1 Zone. The residence is proposed to be a total size of
4,034 square feet with a 766-square foot attached garage on a 1.03-acre existing lot. The
applicant has provided three enclosed garage parking spaces in accordance with the off-
street parking requirements and has additional parking spaces available within the
driveway directly behind the garage. The project complies with all development
standards of the RR-1 Zone related to height, setbacks, lot coverage and parking
requirements. 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 with a dissimilar architectural design, orientation and
materials from the adjacent properties within the neighborhood.
Discussion: Related to finding No. 1, the project complies with the City's Local Coastal
Program, General Plan and the Municipal Code. Related to finding No. 2, the project is
exempt from environmental review pursuant to Section 15303(a) of the California
Environmental Quality Act (CEQA). Finding No. 3 is not applicable because the lot is
located on Bella Azul Court between Bella Laguna Court and Blue Heron Avenue, 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 as
the project site is located on Bella Azul Court between Bella Laguna Court and Blue Heron
Avenue,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 Section 15303(a). Section 15303(a)
exempts from environmental review the construction of one(1)single-family residence.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval,August 21, 2014 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.
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SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on August 10, 2012, consisting of eight sheets, including site
plan, preliminary grading plans (3 Sheet), floor plan, elevations (2 Sheets), roof plan and
plan details, all designated as approved by the Planning and Building Director on August
21, 2012, 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 obtain approval of precise Grading Permit No. 11278-G, which is
currently in plancheck with the City as well as a pull a grading permit before the
commencement of any work.
2. Though the Coastal Development Permit (CDP) site plan proposes stormwater quality
BMP facilities to collect and treat the site runoff the design is inadequate to be
considered a final design. The final design of the BMP facilities shall be approved
and permitted on Grading Permit No. 11278-G. Adequate storm water quality
treatment facilities shall be designed and constructed to capture and treat all runoff
generated by the proposed development.
3. If the total disturbed land area is greater than 1.0 acres, the applicant shall have a
SWPPP prepared by a qualified professional and filed with the State Water Resources
Control Board. The project would also be considered a Priority Development Project
for purposes of stormwater quality treatment and numerically sized BMPs as well as a
stormwater maintenance agreement would be required.
SCB The following condition shall be included on the building and/or grading plans and
performed to specification of the Olivenhain Municipal Water District:
1. The owner/developer shall upgrade to a 1-1/2 inch water meter to meet all standards
of the Olivenhain Municipal Water District. The meter must be located outside of the
proposed driveway.
SCC Prior to the issuance of the building permit the applicant shall establish a Maximum
Applied Water Allowance (MAWA) and complete a best landscape design practices
checklist pursuant to Section 23.26.160 of the Municipal Code. If the landscape area for
the project exceeds 5,000 sq. ft., then it will be subject to all additional landscape and
irrigation requirements within Chapter 23.26 of the Municipal Code.
SCD The temporary construction trailer shall be removed from the site prior to the issuance of
certificate occupancy for the residence.
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SCE Any wall, fence or combination thereof exceeding 6 feet in height and facing any
neighboring property or visible from the public right of way shall be subject to design
review pursuant to Section 23.08.040A1 of the Encinitas Municipal Code. Where a
minimum 2 feet horizontal offset is provided,within which screening vegetation is provided
to the satisfaction of the Planning and Building Department, the fence/wall may not be
considered one continuous structure for purposes of measuring height and may be exempted
from design review provided none of the offset fences or walls exceed 6 feet in height
pursuant to Section 23.08.030B1.
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 %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.
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BI 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:
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.
F-13 ADDRESS 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 %" 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.
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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).
F16 FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR
WILDLAND/URBAN INTERFACE AREAS: Structures shall meet all wildland/urban
interface standards to the satisfaction of the Fire Department. As a minimum structures
shall meet the following fire resistive construction requirements: (1) Exterior wall
surfacing materials shall be of non-combustible materials; (2) Glazing materials shall be
tempered multi-paned glass panels; (3) Skylights within one-half mile of the wildland
area shall be tempered glass; (4) Ventilation in exterior fire resistive walls, they shall be
constructed to maintain the fire resistive integrity of the wall; (6) Roof covering shall
not be less than a Class "A" roof assembly; (7) Vinyl windows, if used, shall meet the
following requirements: (a) Frame and sash are comprised of vinyl material with welded
corners; (b) Metal sash profiles are certified in AAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products Directory); and (e)
Certified and labeled to ANSI/AAMA/NWWDA 101/1>S>2-97 for structural
requirements; and(8) Structures shall have an automatic fire sprinkler system installed to
the satisfaction of the Fire Department. Structures shall comply with 2006 International
Wildland Urban Interface Standards and Encinitas Fire Department Amendments.
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.
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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.
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.
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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.
ES 1 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.
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.
ESW1 Storm Water Pollution Control Conditions
ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional
requirements from the State Water Resources Control Board (SWRCB). Those
additional requirements include filing a Notice of Intent (NOI) and preparing a
Stormwater Pollution Prevention Plan(SWPPP) for review and approval by the City.
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ESW4 Priority Projects shall implement a single or a combination of storm water Best
Management Practice methods in order to reduce to the maximum extent practicable the
quantity of pollutants entering the public storm drain system or any receiving body of
water supporting beneficial uses. All Priority Projects shall construct and implement a
structural treatment control BMP, such as natural bio-filtration system or a treatment
detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or
greater than the volume generated by a 0.6" precipitation storm event in a duration of
twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during
each hour of a storm event. The filtration system shall be designed based upon best
management practice standards and must be approved by the City Engineer. A covenant
approved by the City shall be recorded against the property to ensure the professional
maintenance, repair, and replacement of the storm water quality BMP as necessary into
perpetuity. The covenant shall also detail the funding mechanism for the required
maintenance. 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.
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.
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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. Any filing of an appeal will suspend
this action as well as any processing of permits in reliance thereon in accordance with Encinitas
Municipal Code Section 1.12.020(D)(1)until such time as an action is taken on the appeal.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department by telephoning(760) 633-2718.
atrick Murphy,
Planning and Building Director
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