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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 PBD\TGM\T:�1VOD\13-248cdp.nod.doc - 1 - , 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- PBD\TGM\T:�NOD\I3-248cdp.nod.doc -2 - 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 PBD\TGM�T:UVODU3-248cdp.nod.doc -3 - 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 PBD\TGM\T:WOD\13-248cdp.nod.doc -4- 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. PBD\TGM\T:\NOD\13-248cdp.nod.doc - 5 - 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. PBD\TGM\T:\NOD\I3-248cdp.nod.doc -6- 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. PBD\TGM\T:�NODU3-248cdp.nod.doc -7 - 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. PBD\TGM\T:\NOD\13-248cdp.nod.doc -8- 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 PBD\TGM\T:\NOD\13-248cdp.nod.doc -9- 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 PBD\TGM\T:�NOD\13-248cdp.nod.doc - 10-