2014-69 City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2014-69
July 29, 2014
This letter is to inform you that the Planning and Building Department has approved your
application for
13-229 PMW/CDP (Applicant: Dennis Mehl) — A request for a Coastal Development Permit
and Parcel Map Waiver for a major remodel and addition to an existing single-family residence.
The Parcel Map Waiver is proposed for the consolidation of two existing legal lots into one legal
lot. The subject property is located at 2142 Glasgow Avenue within the Residential 11 (R-11)
Zone and the Coastal Zone. (APN: 260-412-24)
Project Description:
The project is a request for a major remodel with significant demolition work and construction of
an addition to a single-family residence. The existing residence is currently built across two
existing legal lots. The addition will include a 402-square foot first floor addition and a 1,286-
square foot second-story addition to an existing 936-square foot single-family residence on a
proposed 5,000-square foot lot. An existing 440-square foot attached garage is proposed to be
retained on the property The addition will exceed 10% of the internal floor area of the
residence and height of the existing residence, and the applicant is proposing the consolidation
of the two lots into one lot, all of which require the issuance of a Coastal Development Permit.
Discussion:
Access to the site is available via an existing driveway located from Glasgow Avenue. The
Municipal Code requires to the extent feasible access to the garage from the alleyway to
preserve parking within the public street. Since the applicant is proposing to retain the existing
garage and driveway on-site, with additional parking located from the alleyway, the project
complies with Municipal Code access requirements.
The project site is currently developed with an existing residence constructed across a middle
property line between Lots 11 and 12 of Map No. 1334 A portion of the residence will be
maintained on-site, but the majority of the residence will be demolished, and a first-story and a
second-story addition are proposed to be constructed. The applicant is proposing to
consolidate the two existing legal lots into one legal lot. Prior to the issuance a building
construction permit the applicant will be required to submit a Certificate of Compliance
application and record a new grant deed with the San Diego County Recorder's Office.
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The easterly portion of the existing residence is currently non-conforming because it is located
within the required 20-foot front yard setback. Pursuant to Encinitas Municipal Code Section
30 76.040, the applicant provided evidence demonstrating the residence was constructed with
permits, and is legal, non-conforming. The applicant has documented on the project plans that
the reconstructed area will not be enlarged extended or expanded beyond the existing three-
dimensional building envelope in accordance with Section 30 76.050B of the Municipal Code.
A separate average lot slope exhibit has been provided by the applicant and prepared by a
licensed land surveyor, and documents the average lot slope within the developable area at
9 5%, less than 10%, and height for the new residence is required to be measured from the
lower of the existing or finished grade at the building wall. The applicant has documented on the
project plans the residence at 25 feet in height for the sloped roof elements from the lower existing
grade at the structure, and the project complies with the height limitations in accordance with
Section 30.16.010B6 of the Municipal Code. The project is exempt from Design Review for a
custom single-family residence with a dissimilar building footprint, orientation, elevations,
architectural features and exterior materials from the immediate neighborhood in accordance
with Section 23.08.030B7 of the Municipal Code.
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 is proposing to maintain an existing two-car attached
garage. An additional unenclosed parking space is proposed on northwest corner of the site
and is accessed from the alleyway Screening from a proposed solid fence is required in
accordance with the Off-Street Parking Design Manual. With the enclosed parking spaces and
proposed off-street parking space the project complies with all parking standards in Chapter
30.54 (Off-Street Parking) of the Municipal Code.
Public Notification:
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten-day comment period from July 11, 2014 to July 21, 2014 The Planning and
Building Department did not receive any correspondence during the comment period on the
project.
Determination:
The Planning and Building Department determined the Parcel Map Waiver and Coastal
Development Permit application to be consistent with the City's certified Local Coastal Program,
including all applicable policies of the General Plan and provisions of the Municipal Code because
the residential use is consistent with the General Plan designation and all development standards
are met. Therefore the project is hereby approved based upon the attached findings and subject to
the attached conditions of approval.
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Environmental Review: The project includes a major remodel and the construction of a 1,688-
square foot addition to a single-family residence, and the consolidation of two legal lots into one
legal lot. The proposed demolition activity would not result in impacts to a historically significant
resource. CEQA Guidelines Section 15301(e)(2) 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 than 10,000 square feet. Section 15305 exempts
from environmental review minor alterations in land use limitations in areas with an average
slope of less than 20%, which do not result in any changes in land use or density, including
minor lot line adjustments, side yard, and set back variances not resulting in the creation of any
new parcel. The project complies with these exemption criteria. None of the exceptions in
CEQA Guidelines Section 15300.2 exist.
This approval is based on the following findings:
FINDINGS FOR A PARCEL MAP WAIVER
STANDARD: Section 24.60.050 of the Municipal Code provides that the authorized agency
must make the following finding of fact in order to approve a parcel map waiver:
1 The proposed subdivision and each of the lots proposed to be created comply with
requirements as to area, on-site improvements, design, access, floodwater drainage
control, adequate boundary monumentation, dedications of right-of-way, payment of
development fees, appropriate improved public streets and other off-site improvements,
sanitary disposal facilities, water supply availability, fire protection facilities, environmental
review and protection, grading, and any and all other requirements of this Title and the
State Subdivision Map Act which would be applicable to review and approval of a tentative
parcel map.
Facts/Discussion: The proposed project is a request to consolidate two existing lots into
one legal lot, and no new lots are proposed by this application. All necessary on- and
off-site improvements are in place. All utilities and services are in place for the
development. The resulting consolidated lot complies with all standards of the R-11
Zone, including lot area, width and depth standards.
Conclusion: Planning and Building Department staff has reviewed and analyzed the
application in relationship to the Municipal Code and the Subdivision Map Act requirements
applicable to the consolidation of the residential property and find that all applicable
provisions are met.
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
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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.
Facts: The applicant requests approval of a Parcel Map Waiver and Coastal
Development Permit for a major remodel and the construction of an addition to a single-
family residence within the R-11 Zone. A Parcel Map Waiver is also proposed to
consolidate two existing legal lots (Lots 11 and 12) on Map No. 1334 into one legal lot.
A portion of the existing garage is currently non-conforming because it is located within
the required 20-foot rear yard setback on the subject property The applicant is not
proposing to enlarge or expand the existing non-conformity in accordance with the
Municipal Code non-conformity regulations.
The single-family residence is proposed to be 2,624 square feet with a 440-square foot
attached garage on a 5,000-square foot lot. A two car enclosed garage is proposed with
an additional unenclosed space for the residence available within the driveway
accessing the garage meeting all parking requirements for the residence. The project
complies with all development standards of the R-5 Zone related to height, setbacks, lot
coverage and the floor area ratio, except for the aforementioned legal, nonconforming
portion of the residence. The project is exempt from the Design Review regulations in
accordance with Section 23.08.03087 of the Municipal Code because the project is one
custom detached single-family dwelling.
Discussion: Related to finding No. 1, the project complies with all development standards
of the R-11 Zone related to height, setbacks, floor area ratio, lot coverage and parking
requirements, with exception of the legal, nonconformity including a portion of the
garage, and is consistent with the City's Local Coastal Program because it complies with
the General Plan and the Municipal Code. Related to finding No. 2, the project is exempt
from environmental review pursuant to Sections 15301(e)(2) and 15305 of the California
Environmental Quality Act (CEQA). The proposed project is in conformance with the
development standards of the Municipal Code, the General Plan and the Local Coastal
Program. The project will not cause significant negative impacts to the surrounding area
and the project will not adversely impact public coastal access or existing recreational
opportunities.
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
Sections 15301(e)(2) and 15305 of the California Environmental Quality Act (CEQA)
Guidelines; and 3) the development is in conformance with the public access and public
recreation policies of Section 30200 et. seq. of the Coastal Act.
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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, July 29, 2016 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 10 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 July 2, 2013, consisting of six sheets, including a site
plan, site survey, floor plans (2 Sheets) and elevations (2 Sheets), and a plat and legal
description (3 Sheets) received on March 6, 2014, all designated as approved by the
Planning and Building Department on July 29, 2014, 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 provide stormwater quality treatment facilities to collect and treat
the runoff generated by all new and/or removed and replaced impervious surfaces.
HMP shall be utilized to mitigate any anticipated increase in runoff from the project.
The required facilities shall be designed and constructed as part of the projects
grading plan/permit.
2. The applicant shall underground all existing overhead utility service lines to the
property including cable, telephone, and electricity
3. For purposes of public improvement requirements, the scope of work for this project
shall be considered a new house and public improvements shall be required along
the property frontage to Glasgow Avenue. Prior to obtaining a building permit, the
applicant shall be responsible for the construction of public improvements along the
property frontage to Glasgow Avenue and the public alley The road along the
property frontage shall be widened as necessary to ensure a minimum of 24 feet of
AC pavement. Street improvements shall include 6-foot wide (minimum) permeable
pavers parking area along entire property frontage to the right of way The pavers
shall be surrounded on all sides by a 6-inch wide by 16-inch deep PCC flush curb.
From the sawcut line in the pavement the PCC flush curb and first 2 feet of the
permeable pavers shall be sloped at 2% to the flow line, and then rise at no more
than 5% slope to the back of the pervious pavers.
4 The existing alley shall be improved to public standards with full width asphalt paving
with a 3-foot wide concrete ribbon gutter down the center along the entire property
frontage. The alley shall be sloped to the center of the gutter If any retaining walls
are required they shall constructed on private property out of the public right of way
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5. An Encroachment Maintenance and Removal Covenant will be required for the
proposed private permeable paver parking area.
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 being served by 5/8-inch water meter The applicant shall
install a water meter at his/her expense for the required fire sprinklers. All water
meters be located in front of the parcel they are serving and outside of any existing
or proposed travel way
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.
SCC Prior to the issuance of the grading/building permit the applicant shall submit a
Certificate of Compliance application with all applicable forms, deed with revised legal
description, fees and materials to the Planning and Building Department for review and
final recordation with the San Diego County Recorder's Office.
SCD Prior to the issuance of the Building Permit the applicant shall demonstrate that all walls,
fencing and gates within the first fifteen feet of the property from the front property line
are a maximum of 4 feet solid. An additional 2 feet of fence or wall can be added
provide it is at least 50% open. All other perimeter combined walls/fences shall not
exceed 6 feet in height.
SCE All existing, non-conformities shall documented on the building construction permit plans
and shall not be enlarged, extended or expanded beyond the existing envelope in
accordance with Section 30.76.0508 of the Encinitas Municipal Code.
SCF Prior to the issuance of the building permit and the Building final inspection, the applicant
shall provide an unenclosed off-street parking space with 6-foot tall solid fencing for
screening from adjacent properties in accordance with all standards of the Off-Street
Parking Design Manual.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
BA3 Pursuant to Encinitas Municipal Code Section 24.60.050(E) this Parcel Map Waiver is valid
for one (1) year until July 29, 2015, prior to which a certificate of compliance must have
been recorded or this approval shall expire.
G2 This approval may be appealed to the City Council within 10 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.
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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 '/i' x 11") copy of the site plan and elevations depicting the exact point(s)
of certification. The engineer/su'rveyor 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 vehiclesiat all times.
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.
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-inches high with a 3/8-inch stroke for
residential buildings, 8-inches high with a %:-inch stroke for commercial and multi-family
residential buildings, 12-inches high with a 1-inch 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.
F1 5A 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).
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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
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24 090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site 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.
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
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.
ES10 Improvements constructed within the present or future public right-of-way shall be
considered temporary The owner shall enter into an encroachment removal covenant
agreeing to remove those improvements at the direction of the City
i
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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 Muhicipal Code.
ESW1 Storm Water Pollution Control Conditions
ESW3 Best Management Practice shlall be utilized for storm water pollution control to the
satisfaction of the City Engineer The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the public
storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodable landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall
be sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined
swale in the middle can be used if the site topography does not allow for the discharge
of driveway runoff over landscaped areas. The Grading Plan/ Permit Site Plan shall
identify all landscape areas designed for storm water pollution control (SWPC). A note
shall be placed on the plans indicating that the BMPs are to be privately maintained and
the facilities not modified or removed without a permit from the City
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.
i
In accordance with the provisions of Municipal Code Section 1 12, the decision of the Planning and
Building Department may be appealed to the City Council within 10 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 10th 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.
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I'
The project site is in the Coastal Zone but not within the appeal jurisdiction of the Coastal
Commission. This determination may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department, by telephoning (760) 633-2718 or via email at
amaynard @encinitasca.gov I
x4
Manleet Ran , AICP
Deputy Planning and Building Director
I
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