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2015-40 - EG i i 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. s. 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. PBDIJDXT1NOD114-291 CDP Harrison 10%NOD.doc Page 1 of 8 f r C 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 5 ]6 j PBDIJDITINOD114-291 CDP Harrison 10%NoD.doc Page 2 of 8 E 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. PBDIJDITINOD114-291 CDP Harrison 10%NaD.doc Page 3 of 8 � i 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 PBDIJD\nNOD\14-291 CDP Harrison 10%NoD.doc Page 4 of S S 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. PBDIJDMNOD114-291 CDP Harrison 10%NOD.doc Page 5 of 8 I i 1 i I E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE { WITH THE FOLLOWING CONDITIONS: t 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 i 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. i 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. PBDIJDMNOD114-291 CDP Harrison 10%NOD.doc Page 5 of S l 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. s 1 PBDIJDMNOD114-291 CDP Harrison 10%NCD.doc Page 7 of 8 j 4 . 5" i- 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 PBDIJDITINOD\14-291 CDP Harrison 10%NOD.doc Page 8 of 8