2023-21 - EGDocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
E n%initas Development NOTICE OF DECISION
Services Department
rFvEi_OPMENTEEEwri..s iDEPAial MEN'r
Project Name:
145 Athena Street Residence Remodel
Request:
Demolition of an existing single-family residence and the
construction of a new single-family residence with a
detached accessory dwelling unit (ADU)
Discretionary Actions:
Coastal Development Permit (CDP)
CEQA Determination:
Exempt
DECISION:
APPROVED
Project Number:
CDP-005251-2022
DSD Number:
2023-21
Location:
145 Athena Street
Community:
Leucadia
APN:
256-083-12-00
Applicant:
Brett Johnson and Sonia Rodriguez
Representative:
Chris Miller
Project Planner:
Rachael Lindebrekke, Associate Planner,
Decision Date:
April 10, 2023
Report Approval:
® Katie Innes, Planning Manager
® Andrew Maynard, Principal Planner
PROJECT DESCRIPTION
A request for a Coastal Development Permit (CDP) to demolish a 1,346 square -foot single-family
residence and detached accessory structure and construct a new 1,822 square foot single-family
residence with a new 300 square foot detached accessory dwelling unit (ADU).
DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
PROJECT ANALYSIS
Background
The project site is a single-family residential lot developed under the County of San Diego with a
single-family residence and detached accessory structure. Since incorporation, the City has
received no other discretionary planning applications or development permits for the project site,
and there currently are no open Code Enforcement cases associated with the property.
Project Site Characteristics:
The project site is located within the in the RS-11 Zone and Residential Single -Family 11 General
Plan Land Use Designation. Pursuant to EIVIC Chapter 30.08 (Zones), the RS-11 Zone provides
for primary single-family residential units with accessory uses. The project is on a legal lot that is
similar in size and use to other lots in the vicinity. The project site has an average lot slope of less
than 10 percent. The project will continue to take access off Athena Street, a public road. Public
improvements and utility services are available to serve the site.
The project site is also located within Coastal Zone.
The table below summarizes the characteristics of the project site:
General Plan:
Residential Single -Family 11 RS-11
Specific Plan:
None
Zoning District:
RS-11
Zoning Overlay:
Coastal Zone
Other Key City Plan:
None
Notable State or Regional Plan and Law:
None
Adjacent Area:
The area surrounding the project site is developed. The immediate surrounding area includes
single-family and duplex residential structures having a mix of architectural styles, construction
ages, and are one or two stories. The project proposes to demolish the existing 1,346 square foot
one-story single-family residence and detached accessory structure, and construct a new 1,822
square foot single-family residence with a new 300 square foot detached accessory dwelling unit,
which is consistent with the existing surrounding development.
The table below summarizes the characteristics of the adjacent area:
Direction
General Plan and Zoning District
Land Use
North
Residential Single -Family 11; RS-11
Single-family residences
South
Residential Single -Family 11; RS-11
Single-family residences
East
Residential Single -Family 11; RS-11
Single-family residences, duplexes and
multi -family development
West
Residential Single -Family 11; RS-11
Single-family residences and duplexes
General Plan Consistency
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
The City of Encinitas General Plan includes a number of goals and policies that guide
development and land use within the City. A discussion of how the project is consistent with
applicable General Plan policies is summarized below:
General Plan Goal or Policy
Explanation of Project Conformance
Policy 1.12: The residential
The proposed project is the demolition of an existing single -
character of the City shall be
family residence and accessory dwelling units, and
substantially single-family
reconstruction of a new single-family residence and
detached housing.
detached accessory dwelling unit. The proposed project will
construct a new single-family residence consistent with this
policy.
Land Use Goal 6: Every effort
The proposed project has been designed to ensure that the
shall be made to ensure that the
existing desirable character of the community is maintained
existing desirable character of
and will be compatible with the surrounding neighborhood,
the communities is maintained.
which consists primarily of single-family units. The project
has been designed in compliance with the municipal code
standards of the RS-11 Zone to ensure the residential
structure height, setbacks, floor area ratio and lot coverage
blend with the character of the surrounding community.
Municipal Code Analysis
Below is a table summarizing how the proposed project meets the applicable zoning standards
for the RS-11 Zone:
Development Standard
Project Proposed
Complies?
Zone: Residential Single Family 11
Single-family detached residence
Yes ® No ❑
(RS-11) — This zone is intended to
and accessory dwelling unit
provide for single-family detached
residential units with minimum lot sizes
of 3,950 net square feet and maximum
densities of 11 units per net acre. One
primary dwelling is permitted on each
legal lot.
Minimum Net Lot Area: 3,950 square
Net: 7,317 square feet
Yes ® No ❑
feet
Gross: 7,317 square feet
Lot Width: 40 feet
46 feet
Yes ® No ❑
Lot Depth: 90 feet
158 feet
Yes ® No ❑
Front Yard Setback: 20 feet
28 feet, 6 inches
Yes ® No ❑
Rear Yard Setback: 20 feet
41 feet, 4 inches
Yes ® No ❑
Interior Side 1 (West) Yard Setback: 5
5 feet
Yes ® No ❑
feet
Interior Side 2 (East) Yard Setback: 5
5.5 feet
Yes ® No ❑
feet
Lot Coverage: 40%
1,822 square feet/ 7,317 square feet
Yes ® No ❑
*Up to 800 square feet of area excluded
= 24.9%
for ADU.
*300 square foot ADU excluded
from calculation
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
Development Standard
Project Proposed
Complies?
Floor Area Ratio: 0.6
1,822 square feet/ 7,317 square feet
Yes ® No ❑
*Up to 800 square feet of area exempt
= .249
for an ADU.
*300 square foot ADU excluded
from calculation
Height
Yes ® No ❑
Single -Family Residence
Single Family Residence — Pitched
a. 22 feet (measured from the lower of
Roof
the existing or finished grade) to the
a. 10 feet (measured from the
top of the finished roof material
lower grade) to top of the
above the exterior wall.
finished roof material above the
b. 26 feet (pitched roof)
exterior wall.
c. Two -stories maximum
b. 17 feet, 3 inches (measured
from lower grade) to highest roof
ADU
point of the pitched roof.
a. 16 feet maximum when:
c. One-story
1. not constructed above a garage,
or wholly within or to the same
dimensions as an existing or
proposed primary residence or
ADU — Flat Roof
accessory structure; and
a. 15 feet, 7 and 3/4 inches
2. not in compliance with the
(measured from lower grade to
required setbacks of the
highest roof point.
underlying zone.
b. One-story
b. no projections permitted above the
maximum 16-foot height limit.
c. Two -stories maximum
Parking —
Two (2) existing, unenclosed
Yes ® No ❑
Single-family residence:
parking spaces are provided. (see
* Legal non -
Two (2) enclosed parking spaces for
non -conformity discussion below)
conforming
single-family homes less than 2,500
square feet.
Accessory Dwelling Unit:
One (1) parking space required for
accessory dwelling units not within .5
miles of a major transit stop.
Non -conformities
The existing single-family residence and a detached garage was constructed in 1956 under the
County of San Diego's jurisdiction. As constructed, and since the City of Encinitas incorporation
in 1986, there is one legal nonconformity for the site (parking - see below). All nonconformities
will not be expanded, enlarged, or intensified in accordance with Encinitas Municipal Code
Chapter 30.76.
1. Parking- In accordance with the City of Encinitas Municipal Code (Chapter 30.54), single
and two-family dwelling units (duplexes) of up to 2,500 square feet of floor area, require
two enclosed parking spaces for each unit. The existing 1,346 square foot residence would
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ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
therefore require two (2) enclosed parking spaces, if constructed today. In 1976, and
under the County's jurisdiction, the detached garage was permitted to be converted to a
"miscellaneous" accessory structure as verified through the County Accessor's
Residential Building Record. As a result of the conversion, the two existing parking spaces
were relocated to the existing driveway in the front yard setback, unenclosed.
The current project proposes the demolition of the existing residence and detached
accessory structure, and construction of a new 1,822 square foot residence and a new
300 square foot detached ADU. The construction of the 1,822-square foot single-family
residence requires the two parking spaces be maintained. No parking is required for the
ADU because the site is within a half mile of a major transit stop.
The project proposes to maintain the two unenclosed parking spaces in their existing
location and condition (unenclosed), as approved through the County of San Diego.
Therefore, the nonconformity will not be expanded, enlarged, or intensified in accordance
with Encinitas Municipal Code Chapter 30.76.
Single Family Residential Zones (RR-2/R-3/R-5/R-8/RS-11)
Pursuant to EMC Section 30.16.010.C, projects proposed within the RS-11 Zone must comply
with the following development standards: 1. Residences shall be oriented with the rear of the
residence toward collector and larger streets where possible, consistent with the pattern of
development in the neighborhood; 2. Walkways connecting with city sidewalk/trail systems shall
be provided in new residential developments; 3. Driveway or other concrete or asphalt concrete
areas available for parking shall not exceed 50%, where practical, of the required front yard area;
4. Access to the garage shall be from the alley or side street, if available. Project compliance with
the four requirements is discussed below.
1. The existing residence and all properties along Athena Street are oriented towards Athena
Street. The project proposes to maintain the same existing orientation which matches the
existing pattern of development within the neighborhood.
2. The project is not a new residential development and therefore will not be providing
additional city sidewalks/trail systems.
3. The existing driveway covers 53 percent of the required front yard area (932 square foot
driveway/ 932 square foot required front yard). The project exceeds the 50 percent limit;
however, it is not practical to reduce the existing driveway area as two parking spaces are
required to be maintained in that area. This requires the driveway to maintain the width
and length as existing to meet parking dimension requirements as discussed in the non -
conformities section above.
4. There is no existing garage on site and no garage is proposed as part of the project.
Building Height
On lots in the R-3 to R-25 zones with greater than 10 percent average lot slope, the building height
at the uphill side of the lot shall not exceed 12 feet above the crown of the Right -of -Way (ROW).
The site is located within the RS-11 Zone and the average lot slope was determined to be less
than 10 percent. Therefore, the site is not subject to the additional height restriction of 12 feet
above the crown of the right-of-way. The project complies with the standard height limitation of
22 feet from the lower of the existing or finished grade at the building wall for the main residence
and 16 feet in height for the proposed detached accessory dwelling unit.
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ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
Grading
Approximate earthwork quantities include 15 cubic yards of cut with 15 cubic yards fill with no
import or export. Maximum cut depth will be four feet six inches and maximum fill height will be
two feet nine inches. Therefore, the grading work related to cut and fill is exempt from Design
Review in accordance with Encinitas Municipal Code Section 23.08.030B.14, since proposed
grading does not exceed the thresholds of eight -foot cut and four -foot fill.
Design Review Exemptions
The applicant is proposing to demolish a 1,346 square -foot single-family residence and a
detached accessory structure and construct a new 1,822 square foot single-family residence with
a new 300 square foot ADU. The exterior design of both the residence and ADU consists of a
white stucco finish, silver metal window and door trims, and silver metal standing seam roofing
material. The residence is designed with a dissimilar building footprint, orientation, elevations,
and architectural features from surrounding residential units.
Additionally, as discussed above, the limited grading proposed does not exceed cut and fill
thresholds requiring Design Review. Therefore, pursuant to EMC Sections 23.08.030.13.7 and
23.08.030.B.14, the project is exempt from design review.
Local Coastal Program Consistency
The project site is located in the Coastal Zone and requires a Coastal Development Permit. The
proposed project is consistent with the policies of the City's certified Local Coastal Program, and
all -applicable goals and policies of the General Plan. The project is consistent with all RS-11
zoning development standards including setbacks, lot area, floor area ratio, lot coverage, and
building height, with the exception of the two unenclosed parking spaces for the single-family
residence (which have a legal non -conforming status).
PUBLIC NOTICE AND PARTICIPATION
Public Notice
The Notice of Pending Action for the Coastal Development Permit was mailed on March 23, 2023,
to all property owners and occupants within 500 feet of the project site, and to anyone who
requested such notice in writing, in compliance with Encinitas Municipal Code Sections 30.01.070
and 30.80.080, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and
on the Development Services Department internet site under "Public Notices".
One comment was received requesting the project not impact La Mesa Avenue with noise, dust,
water runoff, or other nuisances. The project will not negatively impact La Mesa Avenue as it is
required to comply with all project conditions. Project conditions that will mitigate impacts to
surrounding properties include the submittal and review of drainage and erosion control plans to
prevent discharge of sediment and all other pollutants onto adjacent streets and properties; the
submittal of a security treatment plan; and compliance with Fire Codes, which ensure that during
construction all roadways shall be maintained free and clear, including the parking of vehicles. In
addition, the project is required to remain in compliance with Chapter 9.38 (Noise Abatement and
Control) and 30.40.010A (Performance Standards — Noise) of the Encinitas Municipal Code to
ensure the project will not create a noise nuisance during and after construction.
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ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
No other comments were received in response to the public notices or throughout the process.
ENVIRONMENTAL CONSIDERATIONS
The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Sections 15301(1)(1) and (4) and 15303(a) and (d).
Section 15301(1)(1) exempts the demolition and removal of one single family residence and
Section 15301(1)(4) exempts the demolition and removal of accessory structures. Section
15303(a) exempts the construction of one single-family residence and accessory dwelling unit in
a residential zone. Section 15303(d) also exempts water main, sewage, electrical, gas, and other
utility extensions to serve such construction. It has been determined that the project is not in an
environmentally sensitive location; will not have a cumulative effect on the environment; is not a
hazardous waste site; will not cause substantial change in significance of a historic resource; and
will not result in damage of a scenic highway. The proposed project is consistent with Sections
15301(1)(1) and 15303(a) and (d) — and 15300.2 — Exceptions of the CEQA Guidelines, therefore,
the project may rely on the categorical exemptions.
DISCUSSION
The project complies with all applicable policies of the General Plan, Local Coastal Program, and
provisions of the Encinitas Municipal Code including the RS-11 Zone development standards and
nonconformity regulations. The proposed project is consistent with the development character of
the surrounding neighborhood and shall be required to comply with all applicable Building and
Fire codes through the standard building permit plan checking process.
FINDINGS
Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 and the aforementioned analysis, the Development Services Department
has made the following findings to support the approval, with conditions:
Findings for Coastal Development Permit
Explanation of Finding
1. The project is consistent with the
The proposed project complies with all
certified Local Coastal Program of the
development standards of the RS-11 Zone,
City of Encinitas.
including the nonconformity standards for
parking. The project is consistent with the
applicable goals and policies of the General
Plan. Therefore, the project is consistent the
City's certified Local Coastal Program, comprised
of the General Plan and the Municipal Code.
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ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
Findings for Coastal Development Permit
Explanation of Finding
2. The proposed project is consistent with
The project will not result in significant adverse
the certified Local Coastal Program of
impacts to the environment and the project is
the City of Encinitas. The proposed
exempt from environmental review pursuant to
development conforms with Public
Sections 15301(1)(1) and (4) and 15303(a) and
Resources Code Section 21000 et al.
(d). Section 15301(1)(1) exempts the demolition
(CEQA) and that there are no feasible
and removal of one single family residence and
mitigation measures or feasible
Section 15301(1)(4) exempts the demolition and
alternatives available, which would
removal of accessory structures. Section
substantially lessen any significant
15303(a) exempts the construction and
adverse impact that the activity may
conversion of one single-family residence and
have on the environment.
accessory dwelling unit in a residential zone.
Section 15303(d) exempts water main, sewage,
electrical, gas, and other utility extensions to
serve such construction. The project is
consistent with the Sections identified above,
and the project is consistent with Section
15300.2 — Exceptions of the CEQA Guidelines,
and therefore may rely on the categorical
exemptions.
3. For projects involving development
The project site is located on Athena Street,
between the sea or other body of water
which is not located between the sea and the
and the nearest public road, approval
nearest public road. Therefore, Section 30200
shall include a specific finding that such
et. seq. of the Coastal Act does not apply.
development is in conformity with the
public access and public recreation
policies of Section 30200 et. seq. of the
Coastal Act.
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ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
CONCLUSION
The Development Services Department has determined that the application and plans for a
Coastal Development Permit are consistent with the City's certified Local Coastal Program,
including all applicable policies of the General Plan and provisions of the Municipal Code including
the nonconformity regulations.
The construction of a new single-family residence and detached accessory dwelling unit is
consistent with the General Plan Land Use Designation and applicable General Plan policies. The
project meets all development standards for the RS-11 Zone, except for parking, which shall
remain as legal non -conforming. Therefore, the project is hereby approved based upon the
aforementioned findings and subject to the following conditions of approval:
CONDITIONS OF APPROVAL
SPECIFIC CONDITIONS:
SCA The following Planning -related condition shall be completed/fulfilled to the
satisfaction of the Development Services Department:
Two required parking spaces shall be always available and usable for the parking of
owner/tenant vehicles and are not to be rented or conveyed separately from the
dwelling units without City approval.
STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
A 01 Approval — General: At any time after two years from the date of this approval, on
April 10, 2025 at 5 p.m., or the expiration date of any extension granted in
accordance with the Municipal Code, the application shall be deemed expired as
of the above date.
A 02 Approval — General: 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.
A 04 Approval — General: This project is conditionally approved as set forth on the
application and project drawings stamped received by the City on March 10, 2023,
consisting of ten (10) sheets including Title Sheet (Sheet A0.1), Existing Site Plan
(Sheet A0.2), Impervious Area Calcs (Sheet A0.3), General and Engineering Notes
(Sheet A0.5), Existing Floor and Roof Plan (Sheet A1.1), Existing Elevations
(Sheet A1.2), Proposed Floor Plan - Main House (Sheet A2.1), Proposed Roof
Plan - Main House (Sheet A2.2), Proposed Elevations - Main House (Sheet A2.3)
and Proposed ADU Floor Plan, Roof Plan, Elevations (Sheet A2.4) all designated
as approved by the Development Services Department on April 10, 2023 and shall
not be altered without express authorization by the Development Services
Department.
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ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
A 08 Approval — General: 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.
A 09 Approval — General: Prior to any use or issuance of final occupancy 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.
ADU 01 Accessory Dwelling Units: Prior to Building Permit issuance, a covenant
regarding real property shall be recorded regarding the accessory unit providing
that compliance with the following conditions shall be maintained: a) The
accessory unit is approved for use as a second dwelling unit, accessory to the
principal use of the property as a single-family residence. b) The use of the
accessory unit shall be incidental, related, appropriate and clearly subordinate to
the single-family residence. c) Sale or ownership of the accessory unit separate
from the associated single-family residence is prohibited. d) All required parking
for the accessory unit shall be located, constructed, and maintained as approved
and shown on the approved plans.
AEB 01 All -Electric Building: All new residential and non-residential buildings shale be
constructed all -electrically per Encinitas Municipal Code Section 23.12.O8OD-E. An
all -electric budling is defined as a building that has no natural gas or propane
plumbing installed within the building and there is no gas meter connection, and that
uses electricity as the source of energy for its space heating, water heating, cooking
appliances, and clothes drying appliances. All Electric Buildings may include solar
thermal pool heating.
DF 01 Development Fees: The applicant shall pay development fees at the established
rate. Such fees may include but are not 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, and fire cost recovery fees.
All plan check, permit, and service fees shall be paid in accordance with the
table below to the satisfaction of the applicable Department Director or
designee. The applicant is advised to contact the Development Services
Department regarding Park Mitigation Fees (Planning Division), Flood Control and
Traffic Fees (Engineering Division), applicable School District(s) regarding School
Fees (Building Division), Fire Mitigation/Cost Recovery Fees (Fire Department),
and the applicable Utility Departments or Districts regarding Water and/or Sewer
Fees.
Fee Name
Department/Division
Timing for fee collection'
Fire mitigation fee
Fire Prevention
Prior to building permit
issuance
Fire cost recovery fee
Fire Prevention
Prior to building/fire permit
issuance
Flood control
Engineering Division
With grading permit
mitigation fee
issuance/or prior to final
building permit issuance
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PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
Inclusionary housing
Planning Division
Prior to final map recordation
in -lieu fee
or prior to building permit
issuance
Parkland acquisition
Planning Division
Prior to building permit
fee
issuance
Parkland development
Planning Division
Prior to building permit
fee
issuance
Plan check fee
Building, Engineering,
At plan check submittal
Fire Prevention and
Planning Divisions
Permit fee
Building Division and
At permit issuance
Engineering Division
School fees
Building Division
Prior to building permit
issuance
Traffic mitigation fee
Engineering Division
Prior to building permit
issuance
Water and sewer fee
Engineering Division
Prior to permit issuance
' Initiating use in reliance on this approval may apply when no permits required.
EE 01 Energy Efficiency: Existing residential building additions or alterations with a permit
value of $50,000 or higher shall include applicable energy efficiency measures
depending on the age of the home. Measures may include duct sealing, cool roof,
lighting package, water heating package, or attic insultation. See Encinitas Municipal
Code Section 23.12.080.C.
EM 01 Electrical and Mechanical Equipment: 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.
EM 02 Electrical and Mechanical Equipment: All ground -mounted mechanical and
electrical equipment shall be screened, and sound buffered through use of a wall,
fence, landscaping, berm, or combination thereof and shall be designed to be
compatible with the primary building's exterior to the satisfaction of the
Development Services Department.
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PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
EV 01 Electric Vehicle Charging Ready: New one- and two-family dwellings, including
townhouses with private garages must include a dedicated 208/240-volt branch
circuit rated to 40 amperes minimum for each unit capable of accommodating a future
Level 2 home electric vehicle charging station. See Encinitas Municipal Code
23.12.110.
GWS 01 Greywater Systems: Newly constructed single-family dwelling units shall be pre -
plumbed for a greywater system permitted and constructed in accordance with
Chapter 15 of the California Plumbing Code and including a stub -out in a
convenient location for integration of the greywater system with landscape
irrigation systems and accepting greywater from all sources permissible in
conformance with the definition of greywater as per Section 14876 of the California
Water Code. Exception: A greywater system shall not be permitted where a
qualified soils engineer determines in a written, stamped report, or percolation test
shows, that the absorption capacity of the soil at the project site is unable to
accommodate the discharge of a greywater irrigation system.
GWS 02 Greywater Systems: The greywater system shall be identified on the Building Permit
construction plans and installed to the satisfaction of the Building Official prior to Final
CO or occupancy.
101 Indemnification: To the maximum extent permitted by law, the Owner(s) shall
waive any claims of liability against the City, and shall indemnify, hold harmless
and defend the City of Encinitas, and its agents, officers and employees from and
against any and all actions, claims, damages, liabilities and/or proceedings arising
from: (i) the City's approval of any and all entitlements or permits relating to the
project; (ii) any injury to or death of any person, or damage or injury of any kind to
property which may arise from or be related to the direct or indirect operations of
the Owner(s) or its contractors, subcontractors, agents, employees, or other
persons acting on the Owner(s)'s behalf relating to the project; and (iii) the
operation of the project.
The Owner agrees to execute an indemnity agreement provided by the City prior
to Building Permit issuance and the Development Services Director, or
designee, is hereby authorized to execute the same. The Owner further agrees
that such indemnification and hold harmless shall include all defense related fees
and costs associated with the defense of the City by counsel approved by the
City. This indemnification shall not terminate upon expiration of the conditions of
approval or completion of the project but shall survive in perpetuity.
SSO 01 Security, Safety and Operations: Prior to issuance of a Grading / Building
Permit, a Security, Safety, and Operations plan shall be submitted and approved
by the Development Services Department and the Fire Department. Such plan
shall include, but not be limited to, the following items (as applicable): site location,
owner info, 24-hour emergency contact info, safety and perimeter fencing, access
location(s), loading/unloading zones, onsite/offsite circulation, worker parking and
signage, temporary parking lot location/design, neighborhood traffic flow, model
home phasing and fencing, large vehicle turnaround areas, signage for haul routes
per EMC 23.24.410, construction trailer location, hours of grading and building
permit operations, City tree protection zones, hours of hauling (i.e. school routes,
prime arterials, impacted streets, etc.), and construction phasing.
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
SPV 01 Solar Photovoltaic Panels: All newly constructed low-rise residential buildings the
installed PV system must be big enough to offset the electricity use of the proposed
building as if it was a mixed -fuel building. See Section 150.1(c)14 of the California
Building Code, Part 6 (Energy Code).
UTILITY 01 Utility Connections: 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.
WF 01 Walls and Fences: 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.
WF 03 Walls and Fences: All masonry freestanding or retaining walls visible from points
beyond the project site shall be treated with a protective sealant coating to facilitate
graffiti removal. The sealant shall be of a type satisfactory to the Development
Services Department. The property owner shall be responsible for the removal in
a timely manner of any graffiti posted on such walls.
SAN DIEGUITO WATER DISTRIC (SDWD) CONDITIONS:
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
SDWD EWS 03 Existing Water Service— SFR/Miscellanies Improvements: The subject property
is currently being served by a 5/8-inch water meter. If the existing water meter
needs to be upsized, the cost of upgrading the meter and/or service shall be the
responsibility of the developer.
SDWD WS 02 Water System — Fees/Charges: The developer shall comply with SDWD's fees,
charges, rules and regulations.
SDWD WS 04 Water System — Grading/Improvement Plans: The developer shall show all
existing and proposed water facilities on improvement and/or grading plans for
SDWD Approval (if applicable).
SDWD WS 07 Water System — Water Agencies' Standards: The developer shall install the water
system according to Water Agencies' (WAS) standards.
SDWD WS 08 Water System — Water Meter Location: Water meters shall be 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.
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
FIRE CONDITIONS:
CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
FIRE 01 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 '/2" inch
stroke width 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.
FIRE 05 Construction - Class "A" Roof: All structures shall be provided with a Class "A"
Roof covering to the satisfaction of the Encinitas Fire Department.
FIRE 18 Automatic Fire Sprinklers -One and Two Family: 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.
FIRE 24 Obstruction of Roadways During Construction: All roadways shall be a minimum
of 20 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.
BUILDING CONDITION:
CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
BLDG 02 Single Family and Duplex: The applicant shall submit a complete set of
construction plans to the Development Services Department for building permit
plan check 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 plan check 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.
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
ENGINEERING CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
Grading
GRD 01 Grading — Regulations: All City Codes, regulations, and policies in effect at the time
of building/grading permit issuance shall apply.
GRD 02 Grading — Datum: All drawings submitted for Engineering permits are required to
be based on the NAVD 88 datum; the NGVD 29 datum will not be accepted.
GRD 05 Grading — Offsite Authorization: No grading shall occur outside the limits of the
project boundary and easements unless a letter of permission is obtained from the
owners of the affected properties and provided to the Development Services
Department.
GRD 06 Grading — Borrow/Disposal Sites: Separate grading plans shall be submitted and
approved, and separate grading permits issued for borrow or disposal sites if located
within the city limits. Import material shall be free of organic material, trash, debris,
and environmental contaminants.
GRD 07 Grading — Slopes: All newly created slopes within this project shall be no steeper
than 2:1.
GRD 10 Grading — Haul Route: Prior to hauling dirt or construction materials to any proposed
construction site within this project the developer shall submit to and receive approval
from the Development Services Department for the proposed haul route. The
applicant shall comply with Municipal Code section 23.24.410 as well as all conditions
and requirements the Development Services Department may impose with regards
to the hauling operation.
GRD 11 Grading — Drainage Plan: The project's building plan(s) shall include an engineered
drainage and stormwater quality treatment BMP site plan prior to approval of building
permit. The plan shall provide at a minimum the design for precise grading, drainage
improvements, erosion control, stormwater pollution control, and impervious
surfaces.
GRD 12 Grading — Permit Exemption: 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 applicant shall
provide a precise site plan prior to approval of a building permit. The building site
plan shall provide design for precise grading, drainage improvements, erosion
control, stormwater pollution control, and impervious surfaces.
Drainage Conditions
DRAIN 01 Drainage — Erosion Control: 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
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
system. The City of Encinitas Stormwater Standards Manual shall be employed to
determine appropriate stormwater pollution control practices during construction.
DRAIN 03 Drainage — Flood Control Fee: Pursuant to Municipal Code Chapter 23.96, the
applicant shall pay the current adopted Flood Control Fee for the creation of new
impervious surfaces prior to issuance of the building or grading permit for this project
to the satisfaction of the Development Services Department.
DRAIN 04 Drainage — Hold Harmless: The owner of the subject property shall execute and
record a covenant holding the City harmless for drainage prior to approval of any
grading or building permit for this project.
DRAIN 05 Drainage — Concentrated Flows: Concentrated flows across driveways and/or
sidewalks shall not be permitted.
DRAIN 06 Drainage — Flow Rate: The drainage system shall be designed to ensure that runoff
resulting from a 100-year frequency storm underdeveloped conditions is equal to or
less than the runoff from a storm of the same frequency and duration under existing
conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine
the mitigation necessary to accomplish the desired results.
DRAIN 07 Drainage — Cross Lot Drainage: Runoff from this property may drain to the
adjacent property. The applicant shall design and construct a detention/infiltration
basin to receive site runoff discharging onto the adjacent property. The
detention/infiltration basin shall be designed to ensure that the impact of the runoff
on the adjacent property is less than or equal to the predevelopment condition to
the satisfaction of the Development Services Department.
Street Conditions
ST 01 Street — Right -of -Way Permit: Prior to any work being performed in the public right-
of-way or City easement, a right-of-way construction permit shall be obtained from
the Development Services Department and appropriate fees paid, in addition to any
other permits required.
ST 02 Street — Encroachment Agreement: Private improvements constructed within the
present or future public right-of-way shall be considered temporary. The owner shall
enter into an Encroachment Maintenance and Removal covenant agreeing to
maintain the improvements in perpetuity and to remove those improvements at the
direction of the City.
ST 21 Street — ADA General: All paths of travel, sidewalks, curb ramps, pedestrian
ramps, driveway aprons, etc. shall be designed and constructed in compliance with
ADA standards. Prior to completion of the project, each and every facility shall be
inspected against the City's Public Right -of -Way Curb Ramp Inspection form.
ST 25 Street — Public Improvement Repairs: Any portion of the existing sidewalk or
any other public improvements damaged during construction shall be repaired
and/or replaced to the next joint to the satisfaction of the Development Services
Department.
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
ST 26 Street — Public Facility Protection: All street signs, lights, lamps, utilities, etc.
located within the public right-of-way shall be protected in -place during
construction or replaced to the satisfaction of the Development Services
Department.
ST 30 Streets — Traffic Control Plan: Prior to commencement of any work in the public
right-of-way or other work that may cause a traffic disturbance, the applicant shall
obtain approval of a Traffic Control Plan from the City's Traffic Engineering division,
as necessary.
Utilities Conditions
UT 01 Utility — Regulations/Coordination: The owner shall comply with all the rules,
regulations, and design requirements of the respective utility agencies regarding
services to the project. The owner shall be responsible for coordination with S.D.G.
& E., AT&T, Cox, SDWD, OMWD, LWD, and all other applicable utility companies.
UT 02 Utility — Underground: All proposed utility services within the project shall be
installed underground including existing utilities unless exempt by the Municipal
Code.
UT 09 Utility— LWD: The project lies within the Leucadia Wastewater District. Project plans
shall be submitted to the District for requirements and processed to approval.
UT 16 Utility — Existing & Proposed Facilities: The location of all utility facilities such
as backflow preventers, transformers, etc. shall be plotted and adequate screening
shall be provided to the satisfaction of the Development Services Department.
Private facilities shall be located out of the public right-of-way to the maximum
extent practicable. Any authorized encroachment into the public right-of-way will
require an Encroachment Maintenance and Removal Covenant.
UT 18 Utility — Clearance: No excavation shall be permitted within five (5) feet of any
utility pole or anchor without written approval of the utility pole owner.
Stormwater Pollution Control Conditions
STORM 02 Stormwater — LID BMP's: Best Management Practices shall be utilized for
stormwater pollution and flow control per the City of Encinitas BMP Design Manual
to the satisfaction of the Development Services Department. The Site Plan shall
identify all landscape areas designed for stormwater pollution control and
incorporate Low Impact Development (LID) BMP's. A note shall be placed on the
plans indicating that the BMP's are to be privately maintained and the facilities not
modified or removed without a permit from the City.
STORM 03 Stormwater — Post Construction BMP Required: The applicant shall provide
permanent post construction stormwater quality treatment BMP facilities to collect
and treat all runoff generated by all new and/or removed and replaced impervious
surfaces prior to discharge from the subject site. 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.
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DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA
ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL
PROJECT NUMBER: CDP-005251-2022
APRIL 10, 2023
STORM 12 Stormwater — Roof Drains: For stormwater 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
unless directly connected to an adequately designed BMP facility to the maximum
extent practical. Grass/landscape areas and BMPs designated for stormwater
pollution control shall not be modified without a permit from the City. A note shall
be placed on the plans indicating that the BMP's are to be privately maintained
and the facilities not modified or removed without a permit from the City.
En_gineerin_g Special Conditions:
SPCL 04 Special — Survey Monuments: The existing survey monuments shall be
referenced on the grading 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 securities and/or building occupancy.
DISCLOSURES
This notice constitutes a decision of the Development Services Department only for the
discretionary entitlement. Additional permits, such as Building and Grading Permits, may be
required by the Development Services Department or other City Departments. It is the property
owner's and applicant'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
Development Services Department may be appealed to the City Council 15 calendar days of the
date of this determination. The appeal must be filed, accompanied by a $406 filing fee, prior to
5:00 pm on the 151h 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 Development Services Department may not be
appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Rachael Lindebrekke,
Associate Planner, at 760-633-2703 or by email at a lluu� IIu.IIII Iuuu �u�s 2.r or contact the
Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633-
2710 or by email at pulluuuu.q.w.uuiu�a::a:�.
SIGNATURE
DocuSigned by:
llaln.f,,s
OA16A15BEC64492...
Katie Innes
Planning Manager
18 of 18
M fM
Certificate Of Completion
Envelope Id: BDB5F6A7A69B4E46A608AEE1 BDOBF9CA
Subject: Complete with DocuSign: 005251-2022 CDP (145 Athena St) 2023-21.docx
Source Envelope:
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Status: Original
4/10/2023 12:54:22 PM
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Katie Innes
kinnes@encinitasca.gov
Principal Planner
City of Encinitas
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Holder: Brayden Davis
bdavis@encinitasca.gov
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OA16A15BEC64492..
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Envelope Originator:
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505 S Vulcan Ave
Encinitas, CA 92024
bdavis@encinitasca.gov
IP Address: 70.183.94.130
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Sent: 4/10/2023 12:55:15 PM
Viewed: 4/10/2023 2:31:28 PM
Signed: 4/10/2023 2:31:40 PM
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