2014-86 - EG City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2014-86
September 16, 2014
This letter is to inform you that the Planning and Building Department has approved your
application for:
13-248 CDP (Mezich) — The applicant requests approval of a Coastal Development Permit to
convert an existing duplex into a single-family residence and construct a new accessory
dwelling unit, including additions to the structure and remodeling of the existing structure. A
temporary construction trailer is also proposed. The subject property is located at 2580 and
2582 San Elijo Avenue in the Residentiai 11 (R-11) zone, Scenic/Visual Corridor Overlay
(SNCO) zone and the Coastal Appeal Zone. (APN: 261-143-08)
PROJECT DESCRIPTION AND DISCUSSION: The subject property is a 7;743-gross square
foot lot (5,573 square feet net). A two-story duplex exists on-site with direct driveway access off
of San Elijo Avenue. The project site utilizes an access easement which is on the adjacent
parcel to the west (APN: 261-143-02). The duplex will be converted into a single-family
residence consisting of 2,833 square feet. A two-car garage of 397 square feet will be located
off of this easement. The 625-square foot attached accessory dwelling unit is proposed at the
front of the property on the first floor adjacent to San Elijo Avenue. A one car garage consisting
of 248 square feet is proposed attached to the accessory dwelling unit. The applicant has
provided two enclosed parking spaces and has two additional unenclosed parking spaces within
the driveway, thus meeting and exceeding parking standards in Chapter 30.54 (Off-Street
Parking) of the Municipal Code, including for the accessory unit.
The applicant has documented that fhe project complies with the height standards within Chapter
30.16 (Residential Zonesl of the Municipal Code. All R-11 development standards have been
met. Minimal grading will be conducted on site; mostly to improve an existing driveway that lies
adjacent to San Elijo Avenue on the northeast portion of the site. The applicant will be required
to dedicate to the City an additional 5 feet of right-of-way and an additional 5 feet of Public
Pedestrian, Drainage, and General Utility Easement along the property frontage. Prior to
approval of a building permit, the applicant shall be responsible for the construction of public
improvements along the property frontage of San Elijo Avenue including the northeasterly
access easement. Street improvements shall include 9 feet wide (min.) permeable paver
parking area along entire property frontage.
The project is in the ScenicNisual Corridor Overlay (SNCO) zone. No visual impacts will be
realized by the proposed project, as it complies with the R-11 development standards envelope.
Additionally, the overall bulk, mass and height of the building will remain essentially the same
(as the previous duplex that was onsite), preserving the scenic view corridor towards San Elijo
Lagoon. This is consistent with Policy 4.5 of the Resources Management Element of the
General Plan. The project is within the Coastal Appeal Zone however, no impact to public
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resources or public access is impacted as none exists. The existing private easements to
adjacent properties are being improved.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten-day comment period from August 15, 2014 to August 25, 2014. A Public Hearing
was conducted on August 25, 2014. One neighbor from the public attended the meeting along with
the project architect. Construction noise was raised as a concern by the neighbor. Construction
hours and noise are regulated by Chapter 30.40 (Performance Standards) of the Encinitas
Municipal Code. The Planning and Building Department did not receive any written
correspondence on the project.
ENVIRONMENTAL REVIEW: The project is exempt from environmental review pursuant to
California Environmental Quality Act (CEQA) Guidelines Section 15303(a) and 15303(e).
Section 15303(a) exempts from environmental review the construction of one single-family
residence. Section 15303(e) exempts from environmental review the construction of accessory
structures such as accessory units. The proposed demolition activity would not result in impacts
to a historically significant resource. None of the exceptions in Section 15300.2 exist.
DETERMINATION: The Planning and Building Department determined the Coastal Development
Permit application to be consistent with all applicable policies of the General Plan including the
Local Coastal Program and provisions of the Municipal Code because the project meets ali
development standards, development criteria for the underlying zone and the Residential Land Use
is consistent with the land use designation. Therefore, the project is hereby approved based upon
the attached findings and subject to the attached conditions of approval.
This approval is based on the following findings:
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the
Coastal Act.
Facts: The applicant requests approval of a Coastal Development Permit to convert an
existing duplex into a single-family residence and construct a new accessory dwelling
unit, including additions to the structure and remodeling of the existing structure. The
subject property is located at 2580 and 2582 San Elijo Avenue in the Residential 11 (R-
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11) zone, ScenicNisual Corridor Overlay (SNCO) zone and the Coastal Appeal Zone.
The,project complies with all development standards of the R-11 zone related to height,
setbacks, lot coverage and parking requirements and applicable policies of the general
plan.
The Planning and Building Department determined the Coastal Development Permit
application to be consistent with all applicable policies of the General Plan including the
Local Coastal Program and provisions of the Municipal Code because all development
standards have been met and the residential land use is consistent with the residential land
use designation.
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) and Section 15303(e)
of the California Environmental Quality Act (CEQA). Finding No. 3 is applicable, but the
project will be in conformity with the public recreation policies of Section 30200 et. seq of
the Coastal Act. The project is in the ScenicNisual Corridor Overlay (SNCO) zone. No
visual impacts will be realized by the proposed project, as it complies with the R-11
development standards env.elope. Additionally, the overall bulk, mass and height of the
building will remain essentially the same (as the previous duplex that was onsite),
preserving the scenic view corridor towards San Elijo Lagoon, consistent with Policy 4.5
of the Resources Management Element of the Generai Plan.
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
Section 15303(a) and 15303(e) of the California Environmental Quality Act (CEQA)
Guidelines; and 3) finding No. 3 is applicable, but the project will be in conformity with the
public recreation policies of Section 30200 et. seq of the Coastal Act.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval,
September 17, 2014 at 5:00 P.M., or the expiration date of any extension granted in
accordance with the Municipal Code, the City may require a noticed public hearing to be
scheduled before the authorized agency to determine if there has been demonstrated a
good faith intent to proceed in reliance on this approval. If the authorized agency finds that
a good faith intent to proceed has not been demonstrated, the Coastal Development Permit
shall be deemed expired as of the above date (or the expiration date of any extension).
The determination of the authorized agency may be appealed to the City Council within 15
days of the date of the determination as listed on this Permit.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on February 24, 2014, consisting of 11 sheets, including
cover sheet (Sheet A1.0), Site Plan (Sheet A1.1), Demolition Plan (Sheet A2.0), First
Floor Plan (Sheet A2.1), Second Floor Plan (Sheet A2.2), Roof Plan (Sheet A2.3),
Elevations (Sheets A3.0, A3.1 and A3.2), Sections (Sheet A3.3) and Preliminary Grading
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plan all designated as approved by the Planning and Building Department on September
17, 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 Department:
1. The applicant shall dedicate to the City an additional 5 feet of right-of-way and an
additional 5 feet of Public Pedestrian, Drainage, and General Utility Easement along
the property frontage for property line to centerline distance of 25 feet and 30 feet
respectively.
2. Prior to approval of a building permit, the applicant shall be responsible for the
construction of public improvements along the property frontage of San Elijo Avenue
including the northeasterly access easement. Street improvements shall include 9
feet wide (min.) permeable paver parking area along entire property frontage. The
pavers shali be surrounded on all sides by a 6-inch wide by 16-inch deep PCC flush
curb. The existing AC pavement shall be sawcut such that 1-inch of the pervious
pavers shall be located on the street side of the existing/proposed flow line. The
remaining pervious pavers shall rise at no more than 5% slope to ensure a minimum
of 4-inch rise from flow line to property line. The existing public catch basin shall be
protected in-place. Provide a cross section on the grading plan.
3. The existing site wall shall be demolished within the existing and/or proposed right-
of-way and Public Pedestrian, Drainage, and General Utility Easement.
4. Applicant shall demonstrate legal access along the westerly property line for access
to the new garage.
5. The Grading Plan shall clearly show the limits of the existing access road along the
westerly property line.
6. A drivable AC berm shali be constructed along the westerly access from San Elijo
Avenue, so that all street water shall remain in the street and drain to the existing
catch basin along the property frontage.
7. The applicant shall pay for the increase in sewer capacity fees for the proposed
accessory unit from the existing 1.5 EDU's to the proposed 1.8 EDU's prior to
building permit issuance.
8. The proposed Single-Family Residence shall connect to the existing sanitary sewer
in San Elijo Avenue.
9. All overhead utility service lines serving the subject property including cable,
television, electricity, etc. shall be installed underground.
10. The existing survey monuments shall be referenced on the grading plan and shall be
protected in-place, which includes the nail and disc located in the existing driveway
at the northeasterly corner. If any monument is disturbed or destroyed it shall be
replaced by a licensed land surveyor and a Corner Record shall be filed with the
County and shall tie submitted to the Engineering Department prior to release of
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securities. A separate monumentation bond may be required at the discretion of the
City Engineer.
SCB The foilowing conditions shall be included on the building and/or grading plans and
performed to specification of the San Dieguito Water District (SDWD):
1. The subject property is currently being served by a 3/4-inch water meter. If the fire
department requires fire sprinklers for the new development; the owner/applicant will
need to upgrade the meter at their expense. The District will require that water meters
be located in front of the parcei they are serving and outside of any existing or proposed
travel way.
2. The owner/applicant shall be required to show all existing and proposed water facilities
on improvement or grading plans for District approva�.
SCC The owner/applicant shall record a covenant for the proposed Accessory Dwelling unit
proposed on the project site as per Section 30.48 (Accessory Use Regulations) to the
satisfaction of the Planning and Building Department.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
G2 This approvaf 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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter '
30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Appiicants will be notified by the
Coastal Commission as to the date the Commission's appeai period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
G4 Prior to building permit issuance, the owner shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Planning and Building
Department. The Owner(s) agree, in acceptance of the conditions of this approval, to
waive any claims of liability against the City and agrees to indemnify, hold harmless and
defend the City and City's employees relative to the action to approve the project.
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.
G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally
designed in a manner similar to, and consistent with, the primary structures (e.g. stucco-
, coated masonry, split-face block or slump stone). These items shall be approved by the
Planning and Buiiding Department prior to the issuance of building and/or grading permits.
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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 DepaRments. The applicant is advised to contact the Planning and
Building Department regarding Park Mitigation Fees, the Engineering Services Department
regarding Flood Control and Traffic Fees, applicable School District(s) regarding School
Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the
applicable Utility Departments or Districts regarding Water and/or Sewer Fees.
G19 Garages enclosing required parking spaces shall be kept available and usable for the
parking of owner/tenant vehicles at all times.
B1 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/Geotechnicai 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:
F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in one of the following formats (AutoCad DWG,
DXF, ESRI shapefite, ESRI personal geodatabase, or XML format) and shall be charged
a reasonable fee for updating all response maps.
F13 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.
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F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS:
Structures shall be protected by an automatic fire sprinkler system designed and
installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler
system shall be approved by the Fire Department prior to the issuance of building
permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof coverinq to
the satisfaction of the Encinitas Fire Department.
F22 Basement:
1. All basements shall be designed and equipped with emergency exit systems
consisting of operable windows, lightwells or exit door that leads directly outside
via staircase and exit door or exit door at grade.
2. Lightwells that intrude into side yard or backyard setbacks of five feet or less,
shall require a hinged grating covering the lightwell opening. The grating shall be
capable of supporting a weight of 2501b person; yet must be able to be opened
by someone of minimal strength with no special knowledge, effort or use of key
or tool. Any modification of previously approved plans related to this condition
shall be subject to re-submittal and review by City staff(Fire, Building, Planning).
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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 Gradinq Conditions
EG3 The developer shall obtain a grading permit prior to the commencement of any c�earing 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 unless a letter of permission is
obtained from the owners of the affected properties.
EG6 Separate grading plans shall be submitted and approved and separate grading permits
issued for borrow or disposal sites if Iocated within the city limits.
EG7 All newly created slopes within this project shali be no steeper than 2:1.
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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 developer shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The developer 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 properEy
from damage by erosion, flooding, or the deposition of mud or debris which may originate
from the site or resuit from such grading operations.
EG13 Owner shall provide a precise grading plan prior to approval of building permit. Grading
• plan shall provide design for drainage improvements, erosion control, storm water pollution
control, and on-site pavement.
ED1 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 poilutiort controi
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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the any grading or building permit
for this project.
ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.
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ES1 Street Conditions
ES3 The owner shall make an offer of dedication to the City for all public streets and easements
required by these conditions or shown on the site development plan. The offer shall be
made by execution of a grant deed prior to issuance of any building permit for this project.
All land so offered shall be granted to the City free and clear of all liens and encumbrances
and without cost to the City. Streets that are already public are not required to be
rededicated.
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.
ES8 The design of all private driveways and drainage systems shall be approved by the
Engineering Services Director prior to issuance of any grading or building permit for this
project. The structural section of all private streets shall conform to City of Encinitas
Standards based on R-value tests. The standard improvement plan check deposit is
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.
EU1 Utilities Conditions
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 responsibie for coordination with S.D.G. & E., AT&T, and other
applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESW1Storm Water Pollution Control Conditions
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 identifying all landscape areas designed for storm water
pollution control (SWPC) and Best Management Practice shall be submitted to the City
for Engineering Services Department approval. A note shall be placed on the plans
indicating that the modification or removal of the SWPC facilities without a permit from
the City is prohibited.
ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the
City Engineer, and secured with a performance bond prior to the issuance of a grading
permit for this project.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or
into the public storm drain system. Grass and landscape areas designated for storm
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water pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Grading plan.
This notice constftutes a decision of the Planning and Building Department only for the entitlement.
Additional permits, including Building Permits, may be required by the Building Division or other
City DepaRments. It is the properry 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 Department 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. The action of the Planning and Building Department mav be appealed to the California
Coastal Commission.
If you have any questions regarding this determination, please contact Todd Mierau at the Planning
and Building Department by telephoning (760)633-2693 or via email at tmierau@encinitasca.gov.
anjeet Ranu, AICP
Deputy Director
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