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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. PBD\AM\T\NOD\13-229 PMWcdp.nod.doc - 1 - 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. PBD\AM\T\NOD\13-229 PMWcdp.nod.doc -2 - 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 PBD\AM\T WOD\13-229 PMWcdp.nod.doc -3 - 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. PBDWM\T-\NOD\I3-229 PMWcdp.nod.doc -4- 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 PBDWM\T-\NOD\13-229 PMWcdp.nod.doc -5 - 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. PBDWM\T\NOD\13-229 PMWcdp.nod.doc -6- 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). PBDWM\T\NOD\l3-229 PMWcdp.nod.doc -7- 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 PBD\AM\T\NOD\13-229 PMWcdp.nod.doc -8- 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. PBD\AM\T\NOD\13-229 PMWcdp.nod.doc -9- 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 I I PBD\AM\T WOD\13-229 PMWcdp.nod.doc - 10-