2013-74 �
City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2013-74
December 19, 2013
This letter is to inform you that the Planning and Building Director has approved your
application for:
13-085 CDP (Applicant: Shea Homes, L.P.) — 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 224 Andrew Avenue within
the Residential 3 (R-3) Zone and Coastal Zone. (APN: 216-052-10).
Project Description and Discussion: The project is a request for the construction of
new single-family residence with an attached garage on an existing vacant lot, which
requires a Coastal Development Permit within the Coastal Zone.
The subject undeveloped site (Lot 4) was included as part of Case No. 04-286
TPM/CDP, a 4-lot subdivision which has not been recorded with the County Recorder's
Office. That map is required to be recorded prior to issuance of the building permit for
the subject home, thereby creating its lot as approved. This parcel previously had a
single-family residence, which since has been removed from the site. Pads were
established with the subdivision map application for measuring height in accordance
with Section 30.16.01066(d) of the Municipal Code. Since that initial approval of the map
the Citizen Initiative Proposition A has been passed by voters and adopted by the City
Council, eliminating the ability to measure height from raised pads within subdivisions.
Therefore, the applicant will be required to measure height from the lower of the existing
or finished grade adjacent to the exterior building wall. The applicant has documented
that the project complies with the applicable 22-foot and 26-foot height standards within
Chapter 30.16 (Residential Zones) of the Municipal Code from the lower of the existing
or finished grade at the building wall.
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The applicant is proposing a two-story single-family residence at a size of 4,590 square
feet with two attached garages on a 15,463-square foot lot. The total attached garage
will be 826-square feet in size. Access for the residence is taken via 20-foot and a 16-
foot wide private road easement located off Andrew Avenue. The single-family
residence is proposed at more than 2,500 square feet, and the applicant is thus
required to provide two enclosed parking spaces and one additional enclosed or
unenclosed parking space. The applicant has provided three enclosed parking spaces
and has additional unenclosed parking spaces within the driveway, thus meeting and
exceeding ail parking standards in Chapter 30.54 (Off-Street Parking) of the Municipal
Code.
The applicant has designed a residence with distinct window treatments, colors,
orientation and massing from the other four proposed residences (Case Nos. 13-183
CDP, 13-184 CDP and 13-185 CDP). Materials and colors for the proposed residence
will include asphalt shingle roofing, with green shingle siding, dark brown doors, gates,
shutters and horizontal siding, tan stucco and white railings, rafters, plaster trim and
other similar details. 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 custom single-family detached dwelling with a dissimilar design from other residences
within the immediate neighborhood. The Planning Department determined the Coastal
Development Permit application to be consistent with all applicable policies of the Generai
Plan and provisions of the Municipal Code.
A standard public notification was issued for the Coastal Development Permit application,
which allowed for a ten day comment period from November 8, 2013 to November 18,
2013. The Pianning Department did not receive any correspondence on the project.
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
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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.
Facts: The applicant requests approval of a Coastal Development Permit for the
construction of a new single-family residence on a vacant lot within the R-3 Zone.
The applicant will be constructing a 4,590 -square foot residence with an
attached 826-square foot garage on a 15,463-square foot lot. The project
includes three enclosed garage parking spaces and additional unenclosed
parking spaces meeting and exceeding all off-street parking requirements. The
project complies with all development standards of the R-3 Zone related to
height, setbacks, lot coverage and parking requirements and policies of the
general plan.
The Pianning 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 residence as proposed, with the fa�ade
treatments, orientation, elevations, materials and colors comply as approved
herein is exempt from Design Review as per Section 23.08.03067 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.
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 applicabie
because the project site is located on the north side of Andrew Avenue between
North Vulcan Avenue and Sheridan Road, 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 inciuding
General Plan policies and Municipal Code requirements, and all other applicable
development and design standards; 2) no potentially significant adverse impacts to
the environment wiil result from the project and the project is exempt from
environmental review pursuant to Section 15303(a) of the Califomia Environmental
Quality Act (CEQA) Guidelines; and 3) finding No. 3 is not applicable as the project
site is located on the north side of Andrew Avenue between North Vulcan Avenue
and Sheridan Road, 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 a single-family
residence.
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This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval,
December 19, 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 October 23, 2013, consisting of ten
sheets, including site plan/preliminary grading plan, title sheet, floor plan (2
Sheets), roof plan and elevations (5 Sheets), all designated as approved by the
Planning and Building Director on December 19, 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 Engineering Department:
1. This lot is part of a subdivision that has not been perfected with Case No. 04-
286 TPM/CDP. Prior to issuance of any building permits for this project, the
applicant shall be responsible for completing the original subdivision
improvements and recording the Parcel Map as well as obtaining rough grade
approval on the individual lots on an approved grading plan.
2. The grading plan for the original subdivision shall be revised to provide
precise grading including stormwater quality and drainage for each of the
proposed lots.
3. The original subdivision was required to pay a contribution toward storm drain
improvements on Vulcan Avenue. In lieu of the payment, the applicant shall
install a headwall on the pipe that crosses La Costa Avenue at Vulcan
Avenue and a PCC browditch to connect this projects outfall pipe to that La
Costa stormdrain. The cost of this will likely be significantly less than the in-
lieu fee.
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SCB The following conditions shall be included on the building and/or grading plans and
performed to specification of the San Dieguito Water District:
1. The subject property is currently being served by a 5/8 inch water meter. The
current owner has a capacity credit toward the subject property. Upon
development, each parcel shall be individually metered. The owner shall
provide a written statement to the San Dieguito Water District indicating which
lot each meter will serve.
2. A hydraulic analysis will be required for the proposed subdivision. The results
of the analysis will dictate the approved design of the water system.
3. The developer shall install the water system according to the San Dieguito
Water DistricYs standards.
4. The developer shall enter into a secured agreement with the San Dieguito
Water District prior to the map recordation and/or building permit.
5. The developer shall dedicate to the San Dieguito Water District all necessary
easements for that portion of the water system which are to be public water.
6. 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 shail be
the responsibility of the developer.
7. The developer shall show all existing and proposed water facilities on
improvement and/or grading plans for the approval of the San Dieguito Water
District.
8. The developer shali compiy with the San Dieguito Water DistricYs fees,
charges, rules and regulations.
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 four lot subdivision established with Case No. 04-286 TPM/CDP shall be
recorded prior to the issuance of the building construction permit.
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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.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civi] engineer verifying that the building height is in
compliance with the approved plans. The height certification/survey shall be supplemented
with a reduced (8 %" 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 andlor Sewer Fees.
G19 Garages enclosing required parking spaces shall be kept available and usabie for
the parking of ownerltenant vehicles at ali times.
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61 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION:
62R 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 Piumbing Codes). These
comments are preliminary only. A comprehensive piancheck 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:
F7 RESPONSE MAPS: Any new development, which necessitates updating of
emergency response maps by virtue of new structures, hydrants, roadways or
similar features, shali 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.
F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants
of a type, number, and location satisfactory to the Encinitas Fire Department. A
letter from the water agency serving the area shall be provided that states the
required fire flow is available. Fire hydrants shall be of a bronze type. Multi-
family residential or industrial fire hydrants shali have two (2) 4" inch and two (2)
2 '/2' inch NST outlets. Residential fire hydrants shall have one (1) 4" inch NST
outlet, and one (1) 21/2" inch NST outiets.
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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 '/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.
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 shail 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.
EG1 Gradinp 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.
EG5 No grading shall occur outside the limits of the project uniess a letter of permission
is obtained from the owners of the affected properties.
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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 shail 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 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.
ED1 Drainaqe 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 ail 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.
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ES1 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
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
ESW2Grading 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.
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 controi 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 controi (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.
ESW6Storm 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 greding/building permit for this project.
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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 poliution 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.
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 15w calendar day following the date of this Notice of
Decision. Any filing of an appeal wiil 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 Pianning and Building Department by telephoning (760) 633-2718 or via email at
amaynard@encinitasca.gov.
/� �
o-L
Jeff Murphy,
Planning and Building Director
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