2014-111 - EG City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2014-111
December 3,2014
This letter is to inform you that the Planning and Building Department has approved your
application for:
14-236 CDP (Applicant: Scott Leonard) —A request for a Coastal Development Permit for a
remodel and the construction of an addition to a single-family residence. The subject property
is located at 460 Naiad Street within the Residential 3 (R-3) Zone, Scenic/Visual Corridor
Overlay Zone and the Coastal Zone. (APN: 254-391-12)
Project Description:
The project is a request for a major remodel and the construction of a 487-square foot first-story
addition to an existing 1,176-square foot residence on a 20,550-square foot lot. The
construction of the addition to the existing residence exceeds 10% of the internal floor area of
the existing single-family residence, and requires the issuance of a Coastal Development
Permit. Access for the property is available directly from Naiad Street via an existing driveway.
Discussion:
The site is currently developed with a single-family residence with no enclosed garage. A
Residential Building Record has been provided by the applicant from the County Recorder's
Office, demonstrating that the residence was constructed in 1943, with no garage, and is legal
non-conforming. No new enclosed or unenclosed parking spaces would need to be provided
with the scope of work of this application since the residence is not exceeding 2,500-square feet
in size, and the property can remain without the enclosed garage as a legal non-conformity.
The applicant is proposing a major remodel and the construction of a 487-square foot addition
to a single-family residence. The majority of the residence will be demolished except for a few
existing bedroom walls. Additional improvements for the site entail outdoor amenities such as a
new covered wood deck and barbeque. A new carport is proposed on southerly portion of the
residence, and is proposed to comply with the required 10-foot side yard setback. The eaves of
the carport are proposed to not extend more than 3 feet into the side yard setback in
accordance with Encinitas Municipal Code Section 30.16.010E8.
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The project is located within the ScenicNisual Corridor Overlay (SNCO) zone. Section
30.34.080 of the Municipal Code provides that within the SNCO zone, consideration will be
given to the overall visual impact of the project and conditions or limitations pertaining thereto
may be applied to the project. The proposed addition to the residence is infill development in a
similar location to the other surrounding existing residences and is located approximately 750
feet to Interstate 5 and is also screened by residences to the east, and therefore will not create
any significant visual impacts relative to the scenic corridor.
As documented on the project plans, the average lot slope within the developable area is less
than 10%, and height for the proposed addition 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 addition at 16 feet in height from the lower existing grade at the structure, and the project
complies with the height limitations in accordance with Section 30.16.010136 of the Municipal
Code.
The proposed project complies with all R-3 standards related to setbacks, lot coverage, height
and parking. The single-family dwelling is exempt from Design Review as per Section 23.08.030137
of the Municipal Code because the project is a custom single-family detached dwelling with a
dissimilar design from other residences within the immediate neighborhood.
Public Notification:
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten-day comment period from November 21, 2014 to December 1, 2014. The
Planning and Building Department did not receive any correspondence on the project.
Determination:
The Planning and Building Department determined the 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.
Environmental Review: The project is for the construction of a 487-square foot first-story
addition to an existing 1,176-square foot single-family residence. CEQA Guidelines Section
15301(e)(1) 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 50 percent of the floor area of the structure before the addition, or 2,500 square feet,
whichever is less. The project complies with this exemption criterion. No historic resources are i
affected by the partial demolition work proposed with the project. None of the exceptions in
CEQA Guidelines Section 15300.2 exist.
This approval is based on the following findings:
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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 for a major
remodel and the construction of a 487-square foot addition to an existing 1,176-square
foot residence on a 20,550-square foot lot. The construction of the addition exceeds
10% of the internal floor area of the single-family residence, and requires a Coastal
Development Permit within the Coastal Zone.
The Planning and Building Department determined the Coastal Development Permit
application to be consistent with all applicable policies of the Local Coastal Program (LCP),
General Plan and provisions of the Municipal Code because the residential use is
consistent with the General Plan land use designation and all development standards are
met. The single-family dwelling is exempt from Design Review as per Section 23.08.030137
of the Municipal Code because the project is one custom single-family detached dwelling
with a dissimilar design from other residences within the immediate neighborhood.
Discussion: Related to finding No. 1, the project complies with all development standards
of the R-3 Zone related to height, setbacks, lot coverage and is legal non-conforming as
to the parking requirements, and is consistent with policies of the City's certified Local
Coastal Program including the.General Plan and the Municipal Code. The proposed
addition to the residence is an infill residence in a similar location to the other
surrounding existing residences and is located approximately 750 feet to Interstate 5 and
is also screened by residences to the east, and therefore will not create any significant
visual impacts relative to the scenic corridor. Related to finding No. 2, the project is
exempt from environmental review pursuant to Section 15301(e)(1) of the California
Environmental Quality Act (CEQA) Guidelines for the construction of an addition to an
existing single-family residence. Finding No. 3 is not applicable because the project site
located on a developed infill site that is not located between the sea and the nearest public
road.
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Conclusion: The Planning and Building Department finds that 1)the project complies with
the City's certified Local Coastal Program including applicable 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
15301(e)(1) of the California Environmental Quality Act (CEQA) Guidelines; and 3) finding
No. 3 is not applicable as the project site is located on a developed infill site that is not
located between the sea and the nearest public road.
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval,
December 3, 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 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 November 12, 2014, consisting of seven sheets, including
a cover sheet, existing site and floor plan, proposed floor plan, roof plan, elevations (3
Sheets), all designated as approved by the Planning and Building Department on
December 3, 2014, and shall not be altered without express written 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 storm water quality treatment facilities to collect and treat
the runoff generated by all new and/or removed and replaced impervious surfaces.
Additionally, any increase in runoff resulting from an increase in impervious surface
shall be mitigated by sizing and designing the IMP facilities to the HMP sizing
requirements with a lower flow threshold of 0.5Q2 to ensure no net increase in cross
lot drainage. The treatment facility IMPs shall be located entirely within private
property. The cross section of the IMP facility on the Site Plan shall show 10" of
ponding. This facility shall be sized on the site plan for an effective area equal to
9.8% of the new or replaced impervious surface area. Calculations shall be shown
on the building permit site plan. No increase in cross lot drainage shall be permitted.
2. The owner of the subject property shall execute a Hold Harmless Covenant Regarding
Drainage holding the City harmless for the existing cross lot drainage prior to approval
of the building permit for this project.
3. No private improvement encroachments shall be permitted within the public right of
way. If the existing fence along Naiad is located within the public right of way it shall be
relocated entirely on private property and shall comply with all zoning standards. The
exact location of the fence in relation to the property line shall be depicted accurately on
the building plans.
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4. If the area of habitable addition is modified to 500 square feet or more, or if the
electrical panel is upgraded to 200amps or larger, then the applicant shall reinstall all
overhead utility services serving this site underground.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
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.
B1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION:
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with California Amendments, the California Mechanical, Electrical
and 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.
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F1 Fire Conditions:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
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 '/2-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.
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 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, i
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.
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ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
ES1 Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
EU1 Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESW1 Storm Water Pollution Control Conditions
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.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or
into the public storm drain system. Grass and landscape areas designated for storm
water pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Grading/Permit Site plan.
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.
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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.
Manjeet Ranu, AICP
Deputy Planning and Building Director
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