2014-112 - EG City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2014-112
December 3,2014
This letter is to inform you that the Planning and Building Department has approved your
application for:
14-175 CR/CDP (Applicant: Tracey Reigle) — A request for a Coastal Development Permit
for the construction of an addition to an existing single-family residence. The subject property
is located at 1061 Nolbey Street within the Residential 8 (R-8) Zone and the Coastal Zone.
(APN: 260-472-06)
Project Description:
The project is a request for the construction of a 356-square foot addition to a 1,240-square foot
single-family residence on a 7,400-square foot lot. The construction of the addition exceeds
10% of the internal floor area and height of an existing single-family residence, and requires the
issuance of a Coastal Development Permit. Access to the property is available directly from
Nolbey Street via an existing driveway.
Discussion:
The site is currently developed with a 1,240-square foot single-family residence with an
attached 478-square foot garage and a 770-square foot detached structure. A Residential
Building Record has been provided with the application demonstrating the accessory structure
was permitted as a storage shed and recreation room in 1965 and later extended in 1973, and
is legal, non-conforming. A variance and minor use permit (Case No. 90-015 V/MIN) was
processed and approved on June 21, 1990 on appeal allowing an accessory apartment within
the detached structure and waiving the parking requirement for the unit.
The applicant is proposing a 356-square foot second-story addition to a single-family residence
above the existing garage along with a new exterior access stairway. The existing 478-square
foot garage is proposed to be demolished and rebuilt in like-kind. The project includes a
Conceptual Review request to utilize an existing non-conforming side yard setback in
accordance with Section 30.16.010139c of the Municipal Code, provided no view issues exist.
The request includes utilizing a 8-foot side yard setback instead of a standard 10-foot side yard
setback. The applicant provided documentation with photographs and hand renderings that the
second-story allowance will match the existing non-conforming footprint including the roof eave,
and will not visually impact neighboring properties. The access stairway is also allowed to
match 8-foot existing non-conforming side yard setback in accordance with Encinitas Municipal
Code Section 30.16.010139A1. No correspondence was received during the comment period
with any concerns from neighboring properties with visual impacts from the proposed addition.
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As documented on the project plans, the average lot slope within the developable area is less
than 10%, and height for the proposed single-family 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 addition at 25 feet in height from the lower existing grade at the structure, and
the project complies with the height limitations in accordance with Section 30.16.010B6 of the
Municipal Code. Prior to the roof framing/nailing inspection, the applicant will be required to
provide a height certification to City for review and approval from a licensed land surveyor
demonstrating that the addition complies with all height limitations.
The single-family residence is proposed at less than 2,500 square feet, and the applicant is thus
required to provide two enclosed parking spaces. The applicant is proposing to demolish and
rebuild 478-square foot attached garage with additional parking space available within the
access driveway to the garage, thus meeting all parking standards in Chapter 30.54 (Off-Street
Parking) of the Municipal Code.
The proposed project complies with all R-8 standards related to setbacks, floor area ratio, lot
coverage, height and parking. The single-family dwelling is exempt from Design Review as per
Section 23.08.03087 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 14, 2014 to November 24, 2014. The
Planning and Building Department received one letter of correspondence on the project with
concerns indicating that the project was inconsistent with the Encinitas Municipal Code Chapter
30.00 and the community character of established home and neighborhoods.
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 356-square foot addition to a
1,240-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 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 Conceptual Review and Coastal
Development Permit for the construction of a 356-square foot second-story residence to
a 1,240-square foot residence on 7,400-square foot lot. The construction of the addition
exceeds 10% of the internal floor area and height of the existing single-family residence,
and requires a Coastal Development Permit within the Coastal Zone.
Encinitas Municipal Code Section 30.16.010B9c of the Municipal Code allows for
additions to existing non-conforming structures within the side yard setback provided no
view issues exist. Through the Conceptual Review request, the applicant is proposing to
utilize an existing 8-foot side yard setback with an architectural eave to match the non-
conforming roof.
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-8 Zone related to height, setbacks, floor area ratio, lot coverage and parking
requirements, and is consistent with policies of the City's certified Local Coastal Program
including the General Plan and the Municipal Code. The applicant has documented with
renderings and other evidence, and staff has analyzed the site and determined that with
the addition no visual impacts would be created. Related to finding No. 2, the project is i
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 October 1, 2014, consisting of four sheets, including a site
plan, demolition plan, proposed floor plan and elevations, 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 San Dieguito Water District:
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1. The subject property is currently being served by a 5/8-inch water meter. If fire
sprinklers are required during the building review or construction process, then the
applicant shall upgrade the service for the water meter at his/her expense. All water
meters shall be located in front of the parcel they are serving and outside of any
existing or proposed travel way. The cost of relocation is the responsibility of the
applicant.
2. All existing and proposed water facilities shall be shown on improvement or grading
plans for the approval of the San Dieguito Water District.
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SCB Prior to the issuance of the Building Permit, the applicant shall record a covenant on the
property ensuring that the applicant or any successor's in interest to the property will
maintain the office in accordance with provisions of Chapter 30.48 of the Municipal Code.
The upstairs office shall not be rented at any time nor shall any kitchen facilities be installed
within the office.
SCC Prior to the issuance of the Building Permit, the applicant shall depict a detailed scope of
work for all remodeling work on the building permit construction plans to determine if fire
sprinklers are required for the project.
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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.
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 %2"x 11") copy of the site plan and elevations depicting the exact point(s)
of certification. The engineer/surveyor 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 vehicles at all times..
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 6
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 %-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.
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 9
Practice Manual shall be employed to determine appropriate storm water pollution control
practices during construction.
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.
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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
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 15th 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 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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