2002-013
City ofEncinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
REVISED NOTICE OF DECISION
(Revisions italicized)
DCD 2002-13
March 7,2002
This letter is to inform you that the Director of Community Development has approved your
application for:
01-186 TPM/CDP (Jung) - A request for a Tentative Parcel Map and Coastal Development
Permit to subdivide a 1.08-acre lot into two parcels. The project site is located on the east
side of Seeman Drive, north of Mango View Drive, in the RR2 (Rural Residential 2) Zone
and within the Coastal Zone. (APN: 259-131-54)
Project Description and Discussion: The subject 1.08-acre property, which is vacant, generally
slopes down from east to west at an average grade of 9.9%. The property is located in an area
where past records of survey have placed the monument marking the northwest corner of Section
14, Township 13 South, Range 4 West, San Bernardino Meridian, in two locations approximately
55 feet apart. Adjacent properties have since been surveyed and/or subdivided, fIxing some exterior
boundaries of the subject parcel and adjacent lots to the north and south but leaving interior
boundaries in limbo. The applicant has submitted copies of agreements between the subject
property owner and adjacent property owners agreeing to the location of the disputed boundaries.
For the purposes of this subdivision, the description of the subject property contained in the
boundary agreements is accepted as the proper legal description. Said boundary agreements were
recorded on December 17, 2001 as Document Nos. 2001-0924614 and 2001-0924615.
The project consists of the subdivision of the subject lot into two parcels with net lot areas of 21,528
square feet (parcel A) and 25,370 square feet (Parcel B). Both parcels will have direct access to
Seeman Drive. The proposed parcels provide ample space for development in compliance with the
development standards of the subject RR2 Zone. Originally proposed with large, flat pads and 8-
foot high, 2 to 1 west-facing slopes, the proposal now indicates split-level pads for both parcels with
reduced slope heights. The revision reflects better consistency with General Plan policies calling
for minimized grading and maintenance of the natural topography to the extent possible. As a
condition of approval, the applicant must provide undulation to the slope adjacent to Seeman Drive.
According to Section 30.16.01OA of the Municipal Code, the subject RR2 Zone requires a
minimum lot area of 21 ,500 square feet and minimum lot dimensions of 100 feet in width and 150
feet in depth. The proposed lot dimensions are consistent with required standards. The maximum
residential density allowed for the subject RR2 Zone is 2.0 dwelling units per net acre. Net acreage
calculations indicate a maximum of2 dwelling units could be allowed on the subject property. The
project proposes 2 residential lots yielding a residential density of 1.86 dwelling units per net acre;
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therefore, the project complies with the density requirements of the Municipal Code and General
Plan. The applicant has submitted service availability letters indicating that all required services are
available for the project site.
Pursuant to Municipal Code Chapter 23.06, the applicant developed and implemented a Citizen
Participation Program. The applicant held an informal open forum at the project site on May 5,
200 I, which eleven neighbors attended. According to the CPP final Report submitted by the
applicant, no objections to the project were made, however two items were discussed: the height of
the residences that could be built on the resulting parcel and the possibility of developing the subject
property with one residence. No homes are proposed with this subdivision, however the maximum
building height of future structures would be according to the Municipal Code. The applicant
declined the suggestion to develop the subject parcel with one residence.
A standard public notification was issued October 15, 2001 for the Tentative Parcel Map and
Coastal Development Permit, which allowed for a 20-day comment period. Three responses were
received. Bill Glockner of 1271 Mango View Drive expressed concern with the height of
construction on the easternmost pad, indicating a preference that the area be used as yard space and
expressing strong objection to any request for variance to City height limit. Richard Bettelon of220
Via Tierra and Ralph Peters of 212 Via Tierra expressed concern with the revision of the map from
one large pad per parcel to the split pad design and the effect the change may have on future
building height. The pad design was revised to be more consistent with General Plan policies
regarding minimizing grading and maintaining natural topography. Regarding height, any request
to exceed the standard height limits would require proper application to the City and would include
notification of surrounding residents and property owners.
A Notice of Decision approving the project was issued January 25, 2002. Mr. Peters and Mr.
Bettelonfiled an appeal on February 4, 2002. The appeal was based on the increased elevation of
the easternmost portion of the proposed subdivision with the incorporation of the split-pad design.
The appellants favored the original submittal, in which the easternmost portion of the proposed
subdivision was approximately 1.5 feet lower than the approved split-pad design. As per the "Fax
Memorandum" dated February 14, 2002 (revised March 4, 2002), the applicant has agreed to limit
the height of structures on the easternmost portion of the proposed subdivision to an elevation of
398.5 feet, 26 feet above the originally proposed pad elevation. Condition SCB has been added in
this Revised Notice of Decision to incorporate this limitation.
This approval is based on the following fmdings:
FINDINGS FOR A TENTATIVE PARCEL MAP
STANDARD: Section 66474 of the California Government Code requires that the authorized
agency approve an application for a Tentative Map unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following findings of fact:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
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Facts/Discussion: There is no specific plan associated with the subject property. The
General Plan allows for a density range of 1.01 to 2.00 dwelling units per acre in the subject
RR2 Zone. The project density, 1.86 dwelling units per net acre, is consistent with the
allowable density range of the RR2 Zone.
Conclusion: The Community Development Department finds that the proposed map is
consistent with the General Plan.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Facts/Discussion: Chapter 24.12 of the Municipal Code sets forth design standards for
subdivisions and Chapter 30.16 of the Municipal Code sets forth development standards
such as lot width, depth, and area requirements for the subject RR2 Zone. The proposed
parcels meet the development and design standards of the General Plan and Municipal
Code.
Conclusion: The Community Development Department finds that the design of the
subdivision is consistent with the General Plan and Municipal Code.
c. That the site is not physically suitable for the type of development.
Facts/Discussion: The project will create 2 parcels. The proposed parcels will provide
adequate space for development in compliance with all applicable development standards
for the subject RR2 zone.
Conclusion: The Community Development Department finds that the subject site is
physically suitable for development in compliance with all applicable development
standards of the subject RR2 Zone.
d. That the site is not physically suitable for the proposed density of development.
Facts/Discussion: The project proposes to create 2 lots for residential development, yielding
a residential density of 1.86 units per net acre. The subject RR2 Zone allows for a
maximum density of 2.00 dwelling units per acre, and the net acreage calculations indicate a
site specific maximum density of 2 units. Therefore, the project complies with the density
requirements of the subject RR2 Zone.
Conclusion: The Community Development Department finds that the subject site IS
physically suitable for the proposed density of development.
e. That the design of the subdivision or of the proposed improvements is likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
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Facts/Discussion: The project has been determined to be exempt from environmental
review pursuant to Section 15315 of the State CEQA Guidelines which exempts the
division of property in urbanized areas zoned for residential use into four or fewer parcels
when the division is in conformance with the General Plan and zoning, no variances or
exceptions are required, all services and access to the proposed parcels to local standards
are available, the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the parcel does not have an average slope greater than 20 percent.
Conclusion: The Community Development Department finds that the design of the
subdivision and of the proposed improvements is not likely to cause substantial
environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Facts/Discussion: The applicant has provided letters of service availability from sanitation,
water, fire and school districts which state that all services are available to serve the project.
Conclusion: The Community Development Department finds that, since all necessary
services can be provided for the proposed project, the design of the subdivision and of the
proposed improvements is not likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision. In this connection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
Facts/Discussion: No easements have been identified on the subject property that would
conflict with the proposed subdivision.
Conclusion: The Community Development Department finds that the design of the
subdivision or the type of improvements will not conflict with any easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following fmdings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
I. 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 City's General Plan and Municipal Code are the applicable components of the
City's Local Coastal Plan. The proj ect consists of the subdivision of the subject 1.08-acre lot
into two parcels with net lot areas of21,528 square feet (Parcel A) and 25,370 square feet
(Parcel B). The proposed parcels are consistent with the required standards for lot area and
dimensions in the subject RR2 Zone. The project has been determined to be exempt from
environmental review pursuant to Section 15315 of the California Environmental Quality
Act (CEQA) Guidelines.
Discussion: Related to fmding No.1, with the approval ofthe Tentative Parcel Map request,
the proj ect complies with or is conditioned to comply with the City's Local Coastal Program
and the Municipal Code. Related to fmding No.2, the project is exempt from
environmental review and no potentially significant adverse impacts to the environment will
result. Finding No.3 is inapplicable since the project is not located between the sea or other
body of water and the nearest public road.
Conclusion: The Community Development Department finds that 1) the project is
consistent with the certified Local Coastal Program of the City of Encinitas; 2) no
potentially significant adverse impacts to the environment will result since the project is
exempt from environmental review pursuant to CEQA Guidelines Section 15315; and 3)
finding No. 3 is not applicable to the proj ect since the proj ect site is not located between the
sea or other body of water and the nearest public road.
Environmental Review: This project is categorically exempt from environmental review
pursuant to Section 15315 of the State CEQA Guidelines which exempts the division of property
in urbanized areas zoned for residential use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are required, all
services and access to the proposed parcels to local standards are available, the parcel was not
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involved in a division of a larger parcel within the previous 2 years, and the parcel does not have
an average slope greater than 20 percent.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on March 7,2004 at 5:00 p.m., two years after the approval of this
project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on October 4,2001 consisting of a 1 sheet Tentative Parcel Map
designated as approved by the Community Development Director on March 7, 2002 and
shall not be altered without express authorization by the Community Development
Department.
SCA The grading design for the proposed slope on Parcel A adjacent to Seeman Drive shall be
modified to provide undulation for visual reliefto the satisfaction of the City Engineer.
SCB The standard height limit of22feetfrom adjacent pad grade as established by this approval
shall be allowed for structures on the easterly 79 feet (the upper pad area) of Parcel B but
the height of projections as per Municipal Code Section 30.16.01 OB7b shall be limited to a
maximum elevation of 398.5 feet mean elevation above sea level, as outlined in the Conway
& Associates, Inc. "FAX MEMORANDUM" dated revised March 4, 2002 and signed by
Ralph Peters and Richard Bettelon on March 5, 2002. Chimneys shall be allowed the
standard 2-foot projection above the 398.5-foot elevation but shall not exceed 30 inches in
any horizontal dimension above the 398.5-foot elevation. The height limit for structures on
the western, lower pad area of Parcel B and on Parcel A shall be according to Municipal
Code Section 30.16.010B7.
G 1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G4 Prior to recordation of the Parcel. Map, the applicant 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 Community Development
Director.
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.
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G 13 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
Final Map approval to the satisfaction of the Community Development and Engineering
Services Departments. The applicant is advised to contact the Community Development
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 Sewer Fees.
M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel
Map. In cases where no grading is proposed at the time of the Tentative Parcel Map, or in
cases where the grading plan later submitted is not consistent with the approved Tentative
Parcel Map, the applicant shall be required to obtain a design review permit for grading
prior to issuance of grading permits.
M4 The property owner/developer shall obtain design review permits through the City for
homes to be constructed on the lots resulting from the approved map, as well as all related
site improvements. If the property owner/developer elects to develop the lots resulting from
the approved fmal map as custom home sites, the design review permit requirement may be
waived by the Community Development Department pursuant to Section 23.08.030 (7) of
the Municipal Code. The property owner/developer is advised to contact the Community
Development Department at such time as development of the subject property is planned to
determine whether a design review permit will be required. A standard covenant specifying
this condition shall be recorded in the Office of the County Recorder to give constructive
notice to future purchasers of the site.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance
of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence
shall not be less than 16 feet of paved width.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The height of the address
numbers shall conform to Fire Department Standards.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed to
this marker.
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F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the
satisfaction ofthe Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance
shall apply.
EA The overhead utilities along the southerly property boundary shall be undergrounded.
EB Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface runoff shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or public storm drain
system. If pipes are used for area drainage, inlets shall be located to allow maximum flow
distance over grass and non-erodable landscaped areas. The proposed ditch along the
southerly property line shall be grass-lined and reinforced with erosion-control blanket.
Hardscape areas and driveways shall be sloped toward grass and landscaped areas.
Driveways with a grass or gravel-lined swale in the middle could be used if site topography
does not allow discharge of driveway runoff over landscaped areas. Grading plans shall
identify all landscape areas designed for storm water pollution control.
EG 1 Gradin2 Conditions
EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map,
or the City has deemed the final map technically correct.
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 ofthe Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG6 A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
EG7 All newly created slopes within this project shall be no steeper than 2: I.
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EG8 A soils/geological/hydraulicreport (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. Such report shall be submitted and
approved: At first submittal of a grading plan, as applicable.
EG 10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October I st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
de silting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ED I Drainage Conditions
ED2 The developer shall exercise special care during the construction phase of this project to
prevent any off site siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the Engineering Services Director. The basins and erosion control measures shall be shown
and specified on the grading plan and shall be constructed to the satisfaction of the
Engineering Services Director prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by
additional drainage facilities, slope erosion control measures and other methods required or
approved by the Engineering Services Director. The developer shall maintain the temporary
basins and erosion control measures for a period of time satisfactory to the Engineering
Services Director and shall guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types suitable to the Engineering Services
Director.
ED3 A drainage system capable of handling and disposing of all surface water originating within
the subdivision, and all surface waters that may flow onto the subdivision from adjacent
lands, shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
ED5 The developer shall pay the current local drainage area fee prior to approval of the [mal map
for this project or shall construct drainage systems in conformance with the Master Drainage
Plan and City ofEncinitas Standards as required by the Engineering Services Director.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the fmal map for this project.
ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed 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
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storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
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.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
ES8 The design of all private streets and drainage systems shall be approved by the Engineering
Services Director prior to approval of the Final Map for this project. The structural
section of all private streets shall conform to City of Encinitas Standards based on R -value
tests. The standard improvement plan check deposit is required.
EUI Utilities
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Bell, and
other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU 5 The developer shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
EU 6 If private sewer will serve this development, then a maintenance agreement must be
executed before recordation of the Final Map.
EU7 The design of the division of land shall provide each cable operator an opportunity to
construct, install and maintain, on land identified on the map as dedicated to public utility
use, any equipment necessary to extend cable television services to each residential parcel in
the subdivision. This conditions shall not apply to the conversion of existing dwelling units
to condominiums, community apartments, or stock cooperatives.
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EU8 Subject to all applicable Federal and State laws, statutes and regulations, in the event of
multiple cable communication operators desiring to serve new residential developments in
which the electric power and telephone utilities are underground, the following procedure
shall apply with respect to access to and utilization of underground easements:
(a) The developer shall be responsible for contacting and surveying all
franchised cable operators to ascertain which operators desire to provide
cable television service to the development. The developer may establish a
reasonable deadline to receive responses from cable operators. The final
tract map shall indicate the cable operator(s) that have agreed to serve the
development.
(b) If one or more cable operators wish to provide service, they shall be
accommodated in the joint utilities trench on a nondiscriminatory shared
basis.
(c) The developer shall provide at least (10) working days notice of the date that
the utility trenches will be open to the cable operators that have agreed to
serve the development.
(d) Sharing the joint utilities trench shall be subject to compliance with Public
Utilities Commission and utility standards. If such compliance is not
possible, or if three (3) or more operators desire to provide service to the
development, the developer shall provide a separate trench for the cable
television cables, with the entire cost shared among the participating cable
operators. With the concurrence of the developer, the affected utilities and
the cable television operators, alternative installation procedures, such as the
use of deeper trenches, may be utilized, subj ect to the applicable law.
(e) Any cable operator wishing to serve an area where the trenches have been
closed shall be responsible for separate trenching and associated costs;
provided that if the cable operator was not provided timely written notice of
the availability of such trenches, the developer shall reimburse the operator
for such costs.
EMI Map
EM3 This project is approved specifically as 1 ( single) phase.
SAN DIEGUITO WATER DISTRICT CONDITIONS
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
W A Upon development, each parcel will be required to be individually metered.
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WB The developer is required to comply with the District's fees, charges, rules and regulations.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
~~
uJ~~~ I~
Patrick Murphy
Community Development Director
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