2013-32 - EG City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2013-32
June 11,2013
This letter is to inform you that the Planning and Building Director has approved your
application for:
13-015 CDP (Applicant: Ed and Sandra Baetge) —A request for a Coastal Development
Permit for a major remodel and addition to a single-family residence that will not remain
habitable during construction. The subject property is located at 308 Sunset Drive within
the Residential 3 (R-3)Zone and Coastal Zone. (256-400-08)
Project Description and Discussion: The project is a request for a major remodel and addition
to a single-family residence. The residence will not meet the definition of a remodel in
accordance with Chapter 30.04 of the Municipal Code, and requires the issuance of a Coastal
Development Permit within the Coastal Zone.
The applicant is proposing a 1,213-square foot single-family residence on an existing 27,832-
square foot lot within the R-3 Zone. Access for the residence is taken directly off Sunset Drive,
while access for the existing accessory unit is taken via a private road easement through 255
North Vulcan Avenue to Vulcan Avenue. The lot currently has a 400-square detached garage
attached to a 561-square foot office/guest quarters and an existing detached accessory unit
located within the front yard and side yard setbacks. According to a Residential Building Record
the detached garage and office/guest quarters were permitted in 1978, and therefore are
considered legal, non-conforming in accordance with Section 30.76.040 of the Municipal Code.
The structures could not be expanded in size in accordance with the non-conformity regulations.
The residence is less than 2,500 square feet, and the applicant is thus required to provide two
enclosed parking spaces. The applicant has provided two enclosed parking spaces meeting all
parking standards in Chapter 30.54 (Off-Street Parking) of the Municipal Code.
A 1,440-square foot accessory unit is currently located on the western portion of the property.
Building Permit No. 97-008 was previously obtained for the construction of a 581-square foot
accessory unit with an attached workshop and garage. The total size of the detached garages,
guest quarters and workshop exceeded 1,200 square feet or 50% of the size of the principal
residence. A minor use permit was not obtained, but a building permit was issued and the project
received final inspection and is existing on-site. Additionally, the accessory unit was permitted
beyond the Municipal Code requirements of 30% or 750 square feet, whichever is less of the
principal residence in accordance Section 30.48.040T3 of the Municipal Code. Since a building
permit was issued by the City the detached structures are considered legal, non-conforming.
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The accessory unit will be required and the applicant is proposing to reduce the size permitted
under the previous Building Permit No. 97-008 to 581-square feet prior to or concurrently with
the remodel and addition building permit for the residence. The other area connected to the
accessory unit will be converted to a workshop and storage area. No direct access will be
allowed between the workshop or storage area to the accessory unit. Unenclosed parking spaces
are available for the accessory unit on the south and east sides of the unit. Any future expansions
of detached accessory structures will require the issuance of a minor use permit.
The applicant has documented that the average lot slope exceeds 10%, and therefore is subject to
the additional height standards from the crown of the road. As proposed the project complies the
22-foot height limitation from the lower of the existing or finished grade at the building wall and
the 12-foot height limitation from the crown of the road. As a condition of approval a height
certification will be required to be reviewed and approved demonstrating that the pro ect
complies with the 22-foot height limitation from the lower of the existing or finished grade atJthe
building walls and the 12-foot height limitation from the crown of the road.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten day comment period from May 31, 2013 to June 10, 2013. The Planning
Department did not receive correspondence on the project.
The remodel and addition to the single-family residence is exempt from design review in
accordance with Section 23.08.030B8 of the Municipal Code because the residence is
substantially consistent with the building design, color and character. The project complies with
all Municipal Code provisions and policies of the general plan.
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:
la 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 a Coastal Development Permit for a major and remodel to
an existing single-family residence within the R-3 Zone. The residence is proposed to be
1,213-square feet with an existing 400-square foot detached garage attached to 561-
square feet of an office/guest quarters. The existing detached garage and office/quarters
currently encroach into the front and side yard setback. The structures were documented
as constructed prior to City incorporation in 1978, and are considered legal, non-
conforming and could not be expanded in size in accordance with the non-conformity
regulations. An existing accessory unit is proposed to be reduced in size to 581-square
feet with an attached area to be converted to a 451-square foot workshop and 408-square
feet of storage area. Unenclosed parking for the accessory unit is available on the east
and south sides of the accessory unit. With the reduction of area the detached structures
would be consistent with the previously legal, non-conforming status from the City
issued Building Permit No. 97-008. The project complies with all development standards
of the R-3 Zone related to height, setbacks, lot coverage and parking requirements. The
single-family residence is exempt from design review in accordance with Section
23.08.030B8 of the Municipal Code because the residence is substantially because the
residence is substantially consistent with the building design, color and character.
Discussion: Related to finding No. 1, the project complies with the City's Local Coastal
Progam, General Plan 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 west side of Sunset Drive between Orpheus Avenue and Vulcan 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 the west side of Sunset Drive between Orpheus Avenue and
Vulcan 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(e)(1). Section
15303(e)(1) exempts from environmental review minor alterations of existing private structures
and additions to existing structures provided that the addition will not result in an increase of
more 50 percent of the floor area of the structure before the addition, or 2,500 square feet,
whichever is less.
This approval is subject to the following conditions:
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SC1 SPECIFIC CONDITIONS•
SC2 At any time after two years from the date of this approval,June 1 l, 2015 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 May 15, 2013, consisting of four sheets, including site
plan, floar plans (2 Sheets) and elevations, all designated as approved by the Planning and
Building Director on June 11, 2013, 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:
l. The subject property is currently being served by a 5/8 inch water meter. If the Fire
Department requires fire sprinklers for the development, then the developer will need
to upgrade the meter at his/her expense. All water meters shall be located in front of
the parcel they are serving and outside of any existing or proposed travel way. The
cost of relocation shall be the responsibility of the developer.
2. The developer shall show all existing and proposed water facilities on improvement
or grading plans for the approval of the San Dieguito Water District.
SCB Permanent address numbers with height conforming to Fire Department standards shall
be affixed to a monument marker for the accessory unit to the satisfaction of the Fire
Department.
SCC Building plans shall include the reduction of the existing legal non-conforming accessory
unit to 581-square feet to achieve compliance with the accessory unit regulations to the
satisfaction of the Planning and Building Department prior to the permit issuance. No
direct access shall be permitted between the proposed workshop area and storage area to
the accessory unit.
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Gl 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.
GS 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 surveyar 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/surveyar 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 Deparhnents. The applicant is advised to contact the Planning and Building
Department regarding Park Mitigation Fees, the Engineering Services Depariment 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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B 1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGA.RDING 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:
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 %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.
F17 SMOKE DETECTORS/FIRE SPRINKLER SYSTEMS: Smoke detectors/fire
sprinklers shall be inspected by the Encinitas Fire Department.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A"Roof coverin�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.
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This notice constitutes a decision of the Planning &Building Department only. Additional permits,
including Building Pertnits, 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.
I�l 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
15`h 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.
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Je`�f Murphy,
Pla.nning and Building Director
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