2019-12RESOLUTION NO. PC 2019 -12
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A
DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE
RENOVATION WITH A NEW SECOND FLOOR ADDITION TO AN EXISTING DUPLEX AND
A TEMPORARY CONSTRUCTION TRAILER FOR THE PROPERTY LOCATED AT 404 AND
406 FOURTH STREET
(CASE NO. 18 -169 CDP; APN 258 - 074 -01)
WHEREAS, Donna Miano submitted an application for the renovation of an existing
duplex with a new second floor addition and a temporary construction trailer located at 404 and
406 Fourth Street, legally described as:
Lot 1 in Block 42, in the City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 18, filed in the Office of the County Recorder of San Diego
County, June 12, 1883.
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
February 7, 2019 and April 4, 2019.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission
hereby APPROVES Case No. 18 -169 DR /CDP based on the following Environmental
Determination and Findings:
Section 1. California Environmental Quality Act Determination
This project is a remodel and addition to an existing duplex. The project is exempt from
environmental review pursuant to Section 15301(e)(2) of the CEQA Guidelines. This exemption
applies when: 1) the project involves an addition to an existing structure and the addition will not
result in an increase of more than 10,000 square feet, 2) the project is in an area where all
public services and facilities are available to allow for the maximum development permissible in
the General Plan, and 3) the area in which the project is located is not environmentally
sensitive. The proposed addition totals 1,281.5 square feet, which is below the 10,000 - square
foot threshold for this exemption. The project site has been previously developed and public
services and utilities currently serve the site, and the subject property is not located in an
environmentally sensitive area. Therefore, the project qualifies for this CEQA exemption. In
addition, 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.
Section 2. Discretionary Action(s) Findings
Based on the findings for a Design Review Permit as per Encinitas Municipal Code
Section 23.08.080 (Design Review) and the aforementioned analysis, the Planning
Commission has made the following findings to support the approval, with conditions:
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Finding for Design Review
Explanation of Finding
a. The project design is inconsistent with the
The project is consistent with the General Plan
General Plan, a Specific Plan or the
Specific Plan and Municipal Code. The
provisions of this Code.
community character is maintained while
allowing creativity in architectural design and
site improvements. All development standards
of the D -R15 Zone have been met with the
exception to the existing features of the duplex
that are legal nonconforming and would be
maintained with this application
b. The project design is substantially
The project is consistent with the Downtown
inconsistent with the Design Review
Encinitas Specific Plan Design
Guidelines.
recommendations as it relates to the building
design, reduction of bulk and scale, colors and
materials, architectural character and detailing.
The design includes a contemporary beach
modern architectural theme and color scheme
with high - quality building materials and
enhanced wall materials that all contribute to
the high - quality project design.
c. The project would adversely affect the
The project is conditioned to ensure that the
health, safety, or general welfare of the
public health, safety and welfare of the
community.
community are maintained. The conditions of
approval will ensure that the project is
constructed in accordance with local zoning
codes and building codes, and that the project
complies with the Downtown Encinitas Specific
Plan and Encinitas Municipal Code.
Compliance with the building code, Downtown
Encinitas Specific Plan and Encinitas
Municipal Code will ensure that the project will
not adversely affect the health, safety and
welfare of the community.
d. The project would tend to cause the
The project will not cause the surrounding
surrounding neighborhood to depreciate
neighborhood to depreciate materially in
materially in appearance or value.
appearance or value. The project will renovate
an aging duplex, thereby the project will
reinvest in an aging residential property. The
duplex will be in scale with the surrounding
development. The duplex will result in an
updated more contemporary residential use,
enhancing the appearance and value of the
surrounding neighborhood.
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Based on the findings for a Coastal Development Permit per Encinitas Municipal Code
Section 30.80.090 and the aforementioned analysis, Planning Commission has made the
following findings to support the approval, with conditions:
Finding for a Coastal Development Permit
1. The project is consistent with the certified
Local Coastal Program of the City of
Encinitas.
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.
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.
Explanation of Finding
The project complies with all applicable
requirements and policies of the General Plan.
The project, as conditioned, also complies with
all applicable Downtown Encinitas Specific
Plan and Municipal Code standards and the
Design Review findings can be made.
Therefore, the proposed project is consistent
with the Local Coastal Program for the City of
Encinitas.
Previously developed properties surround the
project site. There are no environmental
issues associated with the project. The project
will not have a harmful effect on environmental
quality or natural resources. The project
qualifies for the CEQA exemption pursuant to
Section 15301(e)(2). In addition, 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. No
mitigation measures or feasible alternatives
are required to lessen any significant adverse
impacts on the environment. No significant
adverse impacts will occur.
This finding is not applicable because the
property is not located between the sea and
the nearest public road.
The above environmental determination and findings are supported by the minutes, maps, and
exhibits, all of which are herein incorporated by reference.
BE IT FURTHER RESOLVED that based on the Environmental Determination and
Findings hereinbefore adopted by the Planning Commission, Case No. 18 -169 DRICDP is
hereby subject to the conditions in Exhibit A.
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PASSED AND ADOPTED this 4th day of April, 2019, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT: Ql ,-1
Michael Glenn O'Grady, Qfiair
WI!
NOTE: Th action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legaVoKallenges.
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EXHIBIT "A"
RESOLUTION NO. PC 2019 -12
Case No. 18 -169 DR /CDP
CONDITIONS OF APPROVAL
Applicant: Donna Miano
Location: 404 and 406 Fourth Street (APN 258 - 074 -01)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on April 4, 2021, at 5 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 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
stamped received by the City on March 21, 2019, consisting of seven sheets including a
Title Sheet/Notes/Site Plan (Sheet Al), Existing /Demolition Floor Plans (A2), Proposed
Floor Plans (A3), Proposed Upper Level Floor Plan /Roof Plan /Sections (A4), Elevations
(A5 and A6), Elevation Points (One Sheet), and Colored Elevations (Three sheets), all
designated as approved by the Planning Commission on April 4, 2019, and shall not be
altered without express authorization by the Development Services Department.
SCA The following conditions shall be completed and /or fulfilled to the satisfaction of the
Development Services Department:
1. A Planning Final Inspection is required prior to final occupancy.
2. To the satisfaction of the Development Services Department, the proposed
temporary construction trailer shall be removed upon project completion.
3. Prior to the issuance of the building permit, the applicant shall record a covenant on
the property ensuring that the applicant or any successors in interest to the property
will maintain the basement area as such. The basement shall not be enlarged or
altered in any way without prior City approval.
4. The three existing, open parking spaces (single and tandem) shall be maintained so
as to be fully usable and shall be permanently available for the parking of
owner /tenant vehicles at all times, and may not be rented or conveyed separately
from the appurtenant dwelling units.
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SCC The following conditions shall be completed to the specification of the San Dieguito
Water District (SDWD):
1. The subject property is currently being served by a one -inch water meter. If fire
sprinklers are required, the owner /applicant shall upgrade the meter and/or water
service at owner's expense.
2. The developer shall install the water system according to SDWD standards.
3. Water meters shall be located in front of the parcel they are serving and outside of
any existing or proposed travel way. Appurtenances shall not be placed in roadside
ditches. Cost of relocation shall be the responsibility of the developer.
4. The developer shall show all existing and proposed water facilities on improvement
and/or grading plans for SDWD approval.
5. The developer shall comply with SDWD fees, charges, rules and regulations.
G1 STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter
30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 working days following the
Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by
the Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
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 Development
Services Director.
G5 The Owner(s) shall waive any claims of liability against the City and indemnify, hold
harmless and defend the City and City's employees regarding any component of the
City's approval, by executing an indemnity agreement in substantially the form as
provided by the Development Services Department prior to building permit issuance
and the Development Services Director, or designee, is hereby authorized to execute
the same.
G6 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.
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G8 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 1/2 inches x 11 inches) copy of the site plan and
elevations depicting the exact point(s) of certification. The engineer /surveyor shall
contact the Development Services Department to identify and finalize the exact point(s)
to be certified prior to conducting the survey.
G11 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
Development Services Department prior to the issuance of building and /or grading
permits.
G12 All roof- mounted equipment and appurtenances, including air conditioners and their
associated vents, conduits and other mechanical and electrical equipment, shall be
architecturally integrated, and shall be shielded from view and sound buffered to the
satisfaction of the Development Services Department. Note: All rooftop equipment
shall be assumed visible unless demonstrated otherwise to the satisfaction of the
Development Services Department, and adequate structural support shall be
incorporated into building design. Rooftop vent pipes shall be combined below the
roof, and shall utilize decorative caps where visible from any point. Ground - mounted
mechanical and electrical equipment shall also be screened through use of a wall, fence,
landscaping, berm, or combination thereof to the satisfaction of the Development
Services Department. All exterior accessory structures shall be designed to be
compatible with the primary building's exterior to the satisfaction of the Development
Services Department.
G13 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 Development
Services Department.
G14 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 on this permit to the satisfaction
of the Development Services Departments. The applicant is advised to contact the
Development Services Department regarding Park Mitigation Fees, 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.
G22 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 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.
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DESIGN REVIEW
DR1 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 Development Services
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.
131 BUILDING CONDITION(S):
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans 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 CONDITION(S):
CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITION(S):
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.
F13 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: four inches high with a half (' /z)- inch stroke
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width for residential buildings, eight inches high with a half (1 /z)-inch stroke for
commercial and multi - family residential buildings, 12 inches high with a one -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.
F1 5A 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 installation.
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 DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS):
E2 All City Codes, regulations, and policies in effect at the time of building /grading permit
issuance shall apply.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
EG1 Grading Conditions
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm water pollution control, and on -site pavement.
ED1 Drainage Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best
Management Practice Manual shall be employed to determine appropriate storm water
pollution control practices during construction.
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.
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