2015-40 - EG i
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City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue f
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2015-40
May 6, 2015
This letter is to inform you that the Planning and Building Department has approved your
application for the following Administrative Permit for property located in the city of Encinitas:
14-291 CDP (Harrison) — A request for a coastal Development Permit for a first and second
floor addition to an existing single-family.home. The subject property is located at 346 La Mesa
Avenue (APN 256-293-26) within the Residential Single-Family-11 (RS-11) Zone of the old
Encinitas community, and the coastal Zone.
PROJECT DISCUSSION: Although the proposed single-family residence is exempt from
Design Review in accordance with Encinitas Municipal Code (EMC) Section 23.08.030B7, this
project requires the issuance of a coastal Development Permit in accordance with EMC 4
Chapter 30.80 (Coastal Development Permit). The residence is proposed to be approximately
2,003 square feet (SF) with an attached, approximately 593-SF garage. All surrounding
residential parcels are zoned RS-11 which permits single-family homes at a maximum density of
11.0 dwelling units per acre and requires a minimum lot size of 3,950 SF.
Development Standards
The project complies with all applicable policies of the General Plan, Local coastal Program,
applicable provisions of the Municipal Code, and with all applicable development standards of r
the underlying RS-11 Zone and would be required to comply with all applicable Building and Fire
codes through the standard building permit plan checking process.
Public Participation
Custom single-family homes are exempt from the citizen Participation Plan requirements of
EMC Chapter 23.06. A standard public notification to all property owners and tenants within
500 feet of the project site was issued for the coastal Development Permit application, which
allowed for a minimum 10-day comment period per the Municipal code. Staff received two
comments which are available for review as part of the administrative record.
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ENVIRONMENTAL STATUS: The project has been determined to be exempt from
environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines
Sections 15301(e)(2). Section 15301(e)(2) exempts additions to existing structures provided
that the addition will not result in an increase of more than 10,000 square feet if the project is in
an area where all public services and facilities are available to allow for maximum development
permissible in the General Plan and the area in which the project is located is not
environmentally sensitive. The project meets the criteria for the exemption. The project does
not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines
and no historic resources are affected by the proposed project.
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DETERMINATION: The Planning and Building Department determined the Coastal
Development Permit application to be consistent with all applicable policies of the General Plan
and provisions of the Municipal Code. 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 for the
demolition of all structures and the construction of a new single-family home and site
improvements. The Planning and Building Department determined the Coastal
Development Permit application to be consistent with all applicable policies of the
General Plan and provisions of the Municipal Code since all development standards.are
met and the primary land use is consistent with the underlying land use designation.
Discussion: EMC Chapter 23.08 (Design Review), EMC Chapter 23.24 (Grading,
Erosion, and Sediment Control), EMC Title 24 (Subdivisions), and EMC Title 30 (Zoning)
comprise the City's adopted Local Coastal Program. The proposed project is in
conformance with the development standards of the R5-I1 Zone found in EMC Chapter
30.10 of the Municipal Code and applicable provisions of EMC Chapter-30.34 (Special
Purpose Overlay Zone) of EMC Title 30 (Zoning). Related to finding No. 1, the project
complies with the City's Local Coastal Program and the Municipal Code. Related to
finding No. 2, the project is exempt from environmental review pursuant to Section
15301(e)(2) of the California Environmental Quality Act (CEQA). Finding No. 3 is not
applicable because the lot is located on La Mesa Avenue, which is not located between
the sea and the nearest public road.
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
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will result from the project and the project is exempt from environmental review pursuant
to the California Environmental Quality Act (CEQA) Guidelines; and 3) finding No. 3 is
not applicable because- the lot is located on La Mesa Avenue, which is not located
between the sea and the nearest public road.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on May 6, 2017 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.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on March 5, 2015, consisting of four sheets including Site
Plan/Title Sheet (Sheet C-1), Demolition/Floor Plans/Roof Plans (A--1 and A-2), and
Elevations (A-3) - all designated as approved by the Planning and. Building. Department
on May 6, 2015, 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
Engineering Services Department:
1. One new 12-foot wide driveway, 18-foot wide curb opening, per SDRSD O-14B for
non-contiguous sidewalk shall be constructed in La Mesa Avenue.
2. The existing alley shall be improved to full width asphalt paving with a 3-foot pervious
paver gutter down the center along the entire property frontage. The alley sh-all be
sloped to the center of the gutter, and each side of the gutter shall include a 6-foot
wide by 16-inch deep PCC flush curb.
3. The existing pavers placed in the parkway of La Mesa Avenue shall be removed
from the right-of-way.
4. During the building permit review, the applicant shall work with the Engineering-plan
checker to prepare the exhibits for an Encroachment Maintenance and Removal
Agreement (EMRA) for any private improvements located within the public right-of-
way of La Mesa Avenue such as landscaping and the pervious paver gutter in the
alley. The detailed plan and cross section used for-the EMRA shall be used for the
construction Permanent Encroachment permit. No occupancy shall be granted until
said improvements have been constructed and approved by the Engineering
Inspector.
5. The overhead utility service lines to the property shall be installed underground.
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8. Any portion of the existing curb, gutter, and sidewalk or any other public
improvements damaged during construction shall be replaced to the next joint to the
satisfaction of the city Engineer..
7. The existing survey monuments, including the two nail & disc stamped "LS 4458"
shall be referenced on the site plan and shall be protected in-place. If any
monument is disturbed or destroyed it shall be replaced by a licensed land surveyor :
and a Corner Record or Record of Survey shall be filed with the county prior to
release of occupancy.
8. Stormwater treatment BMP's shall be required for all new and/or replaced impervious
areas including the new driveway to La Mesa Avenue. The building site plan shall
show onsite BMP treatment areas for the new driveway and any other impervious
surfaces for an effective area of 4%. A cross section of proposed BMP facility shall
be provided on the site plan.
G1 STANDARD CONDITIONS:
CONTACT -THE PLANNING 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 M2 inches x 11 inches) 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.
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
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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.
G22 Building plans for all new dwelling units shall include installation of wiring for future or
current or future installation of photovoltaic energy generation systems. Applicants are
highly encouraged to preplumb for solar water heating, and also install- circuitry
infrastructure to support one or more electric vehicle charging stations.
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 plans), 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-inches high with a 318-inch stroke for
residential buildings, 8-inches high with a Y2-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.
F-15A 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).
F-18 CLASS "A" ROOF: All structures shall be provided with a class "A" Roof coverin to
the satisfaction of the Encinitas Fire Department.
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E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE {
WITH THE FOLLOWING CONDITIONS:
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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 Grading-Conditions
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EG14 A grading p ermit 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.
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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.ed Said drainage system shall include any easements �
and structures required by the Engineering Services Director to properly handle the
drainage.
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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.
ES1 g 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 responsible 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.
ESw1 Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the public
storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodable landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a rip--rap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall
be sloped toward grassy and landscaped areas. Driveways with a grass or gravel lined
swale in the middle can be used if the site topography does not allow for the discharge
of driveway runoff over landscaped areas. The Permit Site Plan shall identify all
landscape areas designed for storm water pollution control (SWPC). A note shall be
placed on the plans indicating that the BMPs are to be privately maintained and the
facilities not modified or removed without a permit from the City.
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.
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 building
permit for this project.
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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 Permit Site plan.
This notice constitutes a decision of the Planning and Building Department only for the
discretionary permit entitlement. Additional permits, including Building Permits, may be required
by the Building Division or other City Departments. It is the property 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 $259 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 action of the Planning and Building department may not be
appealed to the Coastal commission.
If you have any questions regarding this determination, please contact J. Dichoso, Associate
Planner, at (760) 633-2681 or by email at dichoso encinitasca.� ov; or contact the Planning
and Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 5332710 or
by email at lannin @encinitasca. ov.
n j eet Ra n u, AI C P
Deputy Director
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