2013-30RESOLUTION NO. PC 2013 -30
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR A REMODEL AND ADDITION TO AN EXISTING LEGAL
NONCONFORMING DUPLEX ZONED RESIDENTIAL 8 (R -8) WITHIN THE
COMMUNITY OF CARDIFF -BY- THE -SEA AND THE COASTAL ZONE OF THE
CITY OF ENCINITAS, LOCATED AT 1603 AND 1605 GLASGOW AVENUE
CASE NO. 12 -059 DR/CDP (APN 260 - 301 -20)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Derek Berg for Vivek and Marcia Samant to allow for a
remodel and addition to an existing legal nonconforming duplex located within a single - family
zone, Residential -8. This request is pursuant to Chapters 23.08 (Design Review), 30.76
(Nonconformities) and 30.80 (Coastal Development Permit) the Encinitas Municipal Code for
the property located in the Residential 8 (R -8) zone in the Cardiff -by- the -Sea community, legally
described as:
Lot 10 of Block 106 of Cardiff Vista, in the City of Encinitas, County of San Diego,
State of California, according to map thereof No. 1547, filed in the Office of the
County Recorder of San Diego County, March 18, 1913.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on December 5, 2013, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The December 5, 2013 agenda report to the Planning Commission with
attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of six sheets, including Plot Plan (Sheet T -1),
Existing Floor Plan/Demolition Plan (AB -1), Proposed Main Floor Plan (A -1),
Proposed Upper Floor Plan (A -2), Exterior Elevations (A -3 and A -4),
Color/Materials Sheet (one 11 inches x 17 sheet inches) — stamped received on
November 13, 2013 and Colored Elevations (2 sheets of 11 inches x 17 inches
each) stamped received on November 12, 2013; and
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WHEREAS, the Planning Commission made the following findings pursuant to
Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas
Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Encinitas hereby approves application 12 -059 DR/CDP subject to the following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
the California Environmental Quality Act (CEQA) Section 15301(e)2, which exempts additions
to existing structures provided that the addition will not result in an increase of more than 10,000
square feet.
wit:
AYES:
NAYS:
PASSED AND ADOPTED this 5 °i day of December, 2013, by the following vote, to
Brandenburg, Felker, Groseclose, ( -
ABSENT: Shannon
UIRIWAW
ATTEST:
e�-r-
eff Murphy,
Secretary
Planning Commission of the City of Encinitas
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2013 -30
Case No. 12 -059 DR/CDP
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.080 of the Encinitas Municipal Code provides that an
application for a design review permit must be granted unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes
any of the following regulatory conclusions:
a. The project design is inconsistent with the General Plan, Local Coastal Program, a
Specific Plan, or the provisions of the Municipal Code.
Facts: The applicant requests a Design Review Permit and Coastal Development Permit
for a remodel and addition to an existing legal nonconforming duplex. The project site is
zoned Residential 8 (R -8) within the Community of Cardiff -by- the -Sea and in the Coastal
Zone. Since the duplex was legally approved by San Diego County and constructed prior
to the adoption of the City of Encinitas Municipal Code establishing the R -8 zone, it is
currently maintained as a legal nonconforming use and its renovation is subject to
Chapter 30.76 (Legal Nonconformities) and Chapter 30.16 (Residential Zones). All
public utilities and services are in place to serve the proposed use. There is no specific
plan applicable to the property.
Discussion: The project as proposed will comply with all applicable development
standards of the subject R -8 zone, including parking, building height, lot coverage, floor
area ratio (FAR), and setbacks, and will be required to comply with all applicable
Building and Fire codes through the standard plan checking process. The project will be
consistent with the General Plan and the provisions of the Municipal Code.
Conclusion: The Planning Commission finds that the project design is consistent with
the General Plan and the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Guidelines.
Facts: Requests for Design Review are processed in accordance with Chapter 23.08
(Design Review) of the Municipal Code and the citywide Design Review Guidelines.
Discussion: The proposed site plan, building massing, and existing landscaping are
designed to be respectful of views from neighboring properties by providing a mixture of
one- and two -story elements. The proposed grading is minimal since the project is an
addition to an existing legal nonconforming duplex and conforms to the existing
topography of the site. Drainage and storm water treatment measures are well designed
and in conformance with applicable codes. The project's varied rooflines and wall and
story articulation give the project visual interest. That, in combination with the use of a
deck and insets, serves to reduce apparent bulk and mass of the proposed structure.
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Review of the project colored elevations and color /materials board shows that the
proposed duplex will be compatible with existing developments in the neighborhood.
The character of the building design is carried out consistently throughout all elevations.
The existing site walls and fences and existing landscaping along the perimeter of the
project along Glasgow Avenue and Warwick Avenue sufficiently screen and soften the
appearance of the duplex and the proposed addition. All plantings are watered by a
permanent irrigation system.
Conclusion: The Planning Commission finds that the project is substantially consistent
with the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare of the
community.
Facts: The project complies with all applicable standards outlined in the Municipal Code.
This project has no significant adverse environmental impacts and is exempt from
environmental review pursuant to the California Environmental Quality Act (CEQA)
Guidelines Section 15301(e)2, which exempts additions to existing structures provided
that the addition will not result in an increase of more than 10,000 square feet.
Discussion: No evidence has been received by the City to indicate that the proposed
project would adversely affect the health, safety, or general welfare of the site, the
immediate neighborhood, or the greater community. All public utilities and services are
in place to serve the proposed use. The proposed Design Review and Coastal
Development Permit will conform to all applicable provisions of the General Plan,
Municipal Code, and Encinitas Ranch Specific Plan.
Conclusion: The Planning Commission finds that the project will not adversely affect the
health, safety or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts /Discussion: The project site is surrounded in the immediate vicinity by residences
comparable to the existing use. The proposed duplex and site improvements including
existing landscaping will enhance the appearance of the property in a manner consistent
with the character of the neighborhood since the home was originally built in 1956. The
subject property provides sufficient area to accommodate the proposed development. No
evidence has been submitted or discovered that would suggest that the proposed project
will cause any material depreciation in appearance or value of the surrounding
neighborhood.
Conclusion: The Planning Commission finds that the project will not cause the
surrounding neighborhood to depreciate materially in appearance or value.
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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 a Design Review Permit and Coastal Development Permit
for a remodel and addition to an existing legal nonconforming duplex. The project site is
zoned Residential 8 (R -8) within the Community of Cardiff -by- the -Sea and in the Coastal
Zone. Since the duplex was legally approved by San Diego County and constructed prior
to the adoption of the City of Encinitas Municipal Code establishing the R -8 zone, it is
currently maintained as a legal nonconforming use and its renovation is subject to
Chapter 30.76 (Legal Nonconformities) and Chapter 30.16 (Residential Zones). All
public utilities and services are in place to serve the proposed use. There is no specific
plan applicable to the property.
Discussion: Related to finding No. 1, with the approval of the Design Review and
Coastal Development Permit request the proposed project will comply with all applicable
Sections of the City's General Plan, certified Local Coastal Program, and Municipal
Code,. Related to finding No. 2, the project has been determined to be categorically
exempt from environmental review as per California Environmental Quality Act (CEQA)
Guidelines Section 15301(e)2. Finding No. 3 is not applicable since the project is not
located between the sea or other body of water and the nearest public road.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal program of the City of Encinitas; 2) the project is exempt from
environmental review as per CEQA Guidelines Sections Section 15301(e)2 and no
potentially significant adverse impacts to the environment will result, and 3) finding No.
3 is not applicable to the project since it is not located between the sea or other body of
water and the nearest public road.
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ATTACHMENT "B"
Resolution No. PC 2012 -30
Case No. 12 -059 DR/CDP
CONDITIONS OF APPROVAL
Applicant: Vivek and Marcia Samant
Location: 1603 and 1605 Glasgow Avenue (APN 260 - 301 -20)
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on December 5, 2015 at 5:00
pm, 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 application 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.
SC5 This project is conditionally approved as set forth on the application and project drawings
consisting of six sheets, including Plot Plan (Sheet T -1), Existing Floor Plan/Demolition
Plan (AB -1), Proposed Main Floor Plan (A -1), Proposed Upper Floor Plan (A -2),
Exterior Elevations (A -3 and A -4), and Color/Materials Sheet (one 11 inches x 17 sheet
inches) — all stamped received on November 13, 2013; and Colored Elevations (2 sheets
of 11 inches x 17 inches each) stamped received on November 12, 2013; and shall not be
altered without express authorization by the Planning and Building Department.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Planning and Building Department:
Prior to final occupancy, a final inspection will be completed by the Planning and
Building Department.
2. Prior to the issuance of building permits, the applicant shall establish a Maximum
Applied Water Allowance (MAWA) and complete a best landscape design
practices checklist pursuant to Section 23.26 (Water Efficient Landscape
Regulations) of the Municipal Code per Standard Condition L1 below.
3. Prior to building permit issue, the building plans shall show the patio cover along
Glasgow Avenue to be modified to meet Section 30.16.010E8 which permits
architectural features (the patio cover) to encroach a maximum of four feet into
the front yard setback.
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SCB The following conditions shall be completed and /or fulfilled to the satisfaction of the
Engineering Services Department:
1. As shown on the approved site plan, the applicant shall install stormwater quality
treatment facilities to collect and treat all runoff from new and/or removed and
replaced impervious surfaces. The final design shall be approved, permitted, and
inspected prior to final approval.
2. Prior to building permit issuance, the applicant shall remove the majority of the
existing wooden fence that encroaches into the public right-of-way on Warwick
Ave. as shown on the CDP /DR site plan. The roughly 38 -foot long portion of the
existing wood fence between the retaining wall and driveway that encroaches 2-
feet into the right -of -way in front of the mature tree on Warwick Avenue may be
allowed to stay as long as a Permanent Encroachment Permit is obtained and a
Maintenance and Removal Covenant is Recorded. The right to place these
structures into the public right -of -way shall be considered temporary and shall be
subject to removal at a later date at the request of the City.
3. The applicant shall place a 4 -inch thick layer of gravel along the property frontage
to Glasgow Avenue in the area between the street paving and the property line to
prevent future erosion of this area. Additionally, the applicant shall provide a 4-
inch thick layer of gravel along the frontage to Warwick Avenue between the
property line and the new paving that will be installed as part of the Encinitas
Community Park project. A right -of -way construction permit shall be obtained
for any and all work in the right-of-way.
4. The applicant shall repair the broken pavement sections along the property
frontage to Glasgow Avenue to the satisfaction of the City Engineering
Department. The repair shall include the removal of broken pavement and a 2-
inch AC overlay. A right -of -way construction permit shall be obtained for any
and all work in the right -of -way.
SCC Pursuant to the Planning Commission direction received at the December 5, 2013 Planning
Commission meeting, all window and door trim shall be darker, wider, and bolder in
accordance with Sections 5.4.2, 5.5.1, and 5.6.1 of the Citywide Design Review Guidelines
to the satisfaction of the Planning and Building Department. The applicant shall submit
revised colored elevations showing the darker, wider, and bolder window and door trim
prior to building permit issuance.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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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.
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 Director. 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.
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.
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 Building Department prior to the issuance of building and/or grading
permits.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
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.
G21 All utility connections shall be designed to coordinate with the architectural elements of
the site so as not to be exposed except where necessary. Locations of pad mounted
transformers, meter boxes, and other utility related items shall be included in the site plan
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submitted with the building permit application with an appropriate screening treatment.
Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be
placed above ground provided they are screened with landscaping.
DESIGN REVIEW
DRl Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140
of the Municipal Code. Modifications beyond the scope described therein may require
submittal of an amendment to the design review permit and approval by the authorized
agency.
DR2 Side and rear elevations and window treatments shall be trimmed and architecturally
treated so as to substantially match the front elevations. This treatment shall be reflected
in building plans and shall be found satisfactory by the Planning and Building
Department prior to the issuance of building permits.
DR3 All project grading shall conform with the approved plans. If no grading is proposed on
the approved plans, or subsequent grading plans are inconsistent with the grading shown
on the approved plans, a design review permit for such grading shall be obtained from the
authorized agency of the City prior to issuance of grading or building permits.
LANDSCAPING
L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient
Landscape Program), which requires a landscape and irrigation plan to be prepared by a
State licensed landscape designer. The requirements for the plans are listed in Chapter
23.26. The landscape and irrigation plans including the required signature block of the
State licensed landscape designer must be submitted as part of the building permit
application for the project.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated
irrigation systems shall be maintained in good condition, and whenever necessary, shall
be replaced with new materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All landscaping and irrigation
systems shall be maintained in a manner that will not depreciate adjacent property values
and otherwise adversely affect adjacent properties. All irrigation lines shall be installed
and maintained underground (except drip irrigation systems).
B1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
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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.
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" high with a 3/8" stroke for residential
buildings, 8" high with a %2" 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.
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.
El 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.
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EG1 Grading Conditions
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm water pollution control, and on -site pavement.
ED1 Drainage Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best Management
Practice Manual shall be employed to determine appropriate storm water pollution
control practices during construction.
ED3 A drainage system capable of handling and disposing of all surface water originating
within the project site, and all surface waters that may flow onto the project site from
adjacent lands, shall be required. Said drainage system shall include any easements and
structures required by the Engineering Services Director to properly handle the drainage.
ES 1 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.
EUl Utilities Conditions
EU4A The existing overhead utilities service to the property shall be undergrounded.
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 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
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pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Permit Site plan.
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