2002-084CITY OF ENCIl~TITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2002-84
August 19, 2002
This letter is to inform you that the Director of Community Development has approved your
application for the following Administrative Permit for property located in the City of Encinitas:
02-123 CDP (Connell) -Coastal Development Permit request to build a new, single-family
residence in the R-8 zoning district. (APN: 254-261-43: 1235 Hygeia Avenue)
Project Description and Discussion: The applicant is proposing to construct a new, two-story
residence on an existing vacant lot on the east side of Hygeia Avenue. The proposed residence will
be built on a relatively flat pad. The proposed residence will be approximately 2,000 sq. ft. in size
and will not exceed 26'-0" in height.
A standard public notification was issued for the project, with no letters of concern received from
any of the neighbors.
Municipal Code Section 30.80 permits residential dwellings in the coastal zone provided the
following findings can be made:
Coastal Development Permit
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and
2. The proposed development conforms with Public Resources Code 21000 and following 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.
Conclusion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The subject zoning is R-8, which permits proposed single-family dwelling units in
both the Municipal Code and General Plan. No aspect of the project has been identified which could
have an adverse impact on coastal resources or any natural resources. The project will comply with the
applicable development standards (lot coverage, setbacks, floor area ratio, height etc.) as per the
Encinitas Municipal Code and the goals and policies contained in the General Plan. Since the project
complies with all applicable provisions of the City's Municipal Code and General Plan, the Community
Development Department finds that the project is consistent with the certified Local Coastal Program of
the City of Encinitas, and that required fmding #2 is not applicable since no significant adverse
environmental impact is associated with the project. Finding #3 is not applicable, as the project site is
not located between the sea and the nearest public road.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
California Environmental Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guideline Section 15303(a).
This approval is subject to the following conditions:
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT 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.
GS Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans.
G13 The applicant shall pay development fees at the established rate. Such fees may include,
but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees,
School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees,
and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made
prior to building permit issuance to the satisfaction of the 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.
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on August 19, 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 plans
designated as approved by the Community Development Director on August 19, 2002, and
shall not be altered without express authorization by the Community Development
Department.
In accordance with the provisions of Municipal Code Chapter 1.12, this decision may be appealed
to the City Council within fifteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by a $100.00 filing fee, prior to 6:00 P.M. on the 15th calendar day
following the date of this notice of decision. 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. All Fire Department, Engineering
Department and Building Department conditions shall be verified through the standard plan check
process. It is the property owner or applicant's responsibility to obtain all necessary permits
required for the type of project proposed.
If you have any questions regarding this determination, please contact Chris Miller at the
Community Development Department by telephoning (760) 633-2718.
Patrick IVlurphy, ~,~
Community Development Director