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2015-55 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760)633-2710 NOTICE OF DECISION PBD-2015-65 June 9, 2015 This letter is to inform you that the Planning and Building Department has approved your application for: 15-069 CDP (Applicant: Greg and Kathleen Simon) — 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 1762 Eolus. Avenue within the Residential 3 (R-3) Zone, Scenic/Visual Corridor Overlay Zone and the Coastal Zone. (APN: 216-082- 44) Project Description: The project is a request for construction of a 584-square foot addition to an existing single- family residence on a 17,385-square foot lot. The construction of the new addition exceeds 10% of the internal floor area and height of the existing single-family residence and requires the issuance of a Coastal Development Permit. Discussion: This site is currently developed with a single-family residence with an existing detached garage. The detached garage is legal, non-conforming because it was originally constructed with a building permit within the northerly 5-foot side yard setback. The detached garage will remain within its 3-dimensional building envelope in accordance with the Municipal Code non- conformity regulations. The applicant is proposing the construction of a 584-square foot one-story addition to a 1,711 square foot on a 17,385-square foot lot. The addition area is proposed on the easterly and westerly portion of the existing single-family residence. Other improvements on-site include a new patio cover with raised concrete deck, new staircase and a roof deck The patio cover will extend from the westerly portion of the residence and will encroach approximately 2 feet into the rear yard setback and complies with all setback encroachment standards. A new exterior staircase is proposed on the northerly side of the residence outside of the required 10-foot setback. The staircase will be utilized for access to the roof deck above the westerly addition to the residence. The roof deck is proposed at approximately 17 feet in height from grade, and complies with all setbacks and height limitations. PBD\AM\T:\NOD115-069cdp nod.doc - I - . . .................. The applicant has documented on the project plans that the average lot slope for the property is less than 10%, and therefore height is measured from the lower of the existing or finished grade at the building wall. The addition to the single--family residence is proposed at 17 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 single-family residence complies with all R-3 Zone development standards related to setbacks, height and lot coverage, and non-conforming with the two-car enclosed garage located within the northerly side yard setback. 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 public visual impact of the project and conditions or limitations pertaining thereto may be applied to the project. The proposed residence is an infill one-story addition in a similar location to the other surrounding existing residences, and is located approximately 1,200 feet to Interstate 5. The applicant is proposing a small one-story addition with a low roof deck. Therefore, the residence will not create any significant public visual impacts relative to the scenic corridor. The single-family residence is proposed at less than 2,500 square feet, and the applicant is thus required to provide a two-car enclosed garage. The applicant is proposing to retain the existing two-car enclosed legal, non-conforming garage and has additional unenclosed parking on-site, thus meeting and exceeding all parking standards in Chapter 30.54 (Off-Street Parking) of the Municipal Code. Public Notification: A standard public notification was issued for the Coastal Development Permit application, which allowed for a ten-day comment period from May 22, 2015 to June 1, 2015. 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 includes a major remodel and the construction of a 584- square foot addition to a 1,711-square foot existing 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 demolition work proposed with the project. None of the exceptions in CBQA Guidelines Section 15300.2 exist. This approval is based on the following findings: PBDIAMIT:INOD115-069cdp nod.doc -2- 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 Tearing, 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 construction of a new 584-square foot addition to a 1,711-square foot single-family residence on a 17,385-square foot lot within the R--3 zone. 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. 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 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 23.08.03087 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 and lot coverage, and the parking requirements related to the non--conformity regulations, and is consistent with policies of the City's certified Local Coastal Program including the General Plan and the Municipal Code. The proposed infill addition to the single-family residence is in a similar location to other surrounding existing residences and the project area is located 1,200 feet from Interstate 5, and therefore will not create any significant public visual impacts relative to the scenic corridor. Related to finding No. 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. 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. PBDIAMIT:INOD115-08ocdp nod.doc -3 - 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, June 9, 2017 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. SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on April 30, 2015, consisting of four sheets, including a site plan, floor plans (2 Sheets) and elevations, all designated as approved by the Planning and Building Department on June 9, 2015, 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 Department: 1. The applicant shall provide stormwater 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 9.0% of the new or replaced impervious surface area. Calculations shall be shown on the site plan. 2. Cross lot drainage currently exists to the parcel to the west. A Hold Harmless for Drainage Agreement will be required with the grading plan/building permit; however, no increase in cross lot drainage will be allowed. SCB Prior to the issuance of the Building Permit, the applicant shall submit plans with all necessary materials and fees for review and approval of the Leucadia Wastewater District. PBD\AMIT:1NOD\15-059cdp nod.doc -4- 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 Seger 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 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. PBDIAM1T:\NOD115-O69cdp nod.doc -5- F1 Fire Conditions: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. 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-inch high with a 3/8-inch stroke for residential buildings, 8-inch high with a Y2-inch stroke for commercial and multi-family residential buildings, 12-inch 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. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. 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 SER'V'ICES 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. EG 1 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. PBD1AM\T:1NOD\15-a59cdp nod.doc -6- 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. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the faster Drainage Plan and city of Encinitas Standards as required by the Engineering Services Director. ED5 The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the grading or building permit for this project. ED7 concentrated flows across driveways and/or sidewalks shall not be permitted. 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 D 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. EU 1 Utilities 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. PBD1AM\T:1NODt15-o59cdp nod.doc -7- 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 flora 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 Grading Plan/ 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 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. Crass 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 prn on the 15h 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 (750) 633-2718 or via email at amaynar encinitasca.gov. Manje anu, AICP Deputy Planning and Building Director PBDIAMIT:INOD115-050cdp nod.doc ..8