2003-017
CITY OF ENCINIT AS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2003-017
February 12, 2003
This letter is to inform you that the Planning and Building Director has approved your application
for the following Administrative Permit for property located in the City of Encinitas:
02-278 CDP (Brimmer/J. Campbell) - Coastal Development Permit request to buil4 a new,
single-family residence in the R-3 zoning district. (APN: 258-251-55: 676 Melba Road.)
Project Description and Discussion: The applicant is proposing to construct a new, two-story
residence on an existing vacant lot. The proposed residence will be built on a relatively flat pad
that has been previously approved as part of a grading plan approved by the City's Engineering
Department. The subject site is a vacant lot, known as Parcel 4, that was created via Parcel Map
18845.
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-3, 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
ern/f/02278edp03.pbd
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 Planning
and Building Department finds that the project is consistent with the certified Local Coastal Program of
the City of Encinitas, and that required finding #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 Qualitv 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:
G 1 STANDARD CONDITIONS:
CONTACT THE PLANNING 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.
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.
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.
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
building permit issuance to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Planning
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.
emlf/02278edp03. pbd
SCI SPECIFIC CONDITIONS:
SCA The proposed residence shall not exceed a maximum height of 26' -0", as measured from
the lower of existing or finished grade.
SC2 This approval will expire on February 12,2005, 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 dated
received by the City on December 19, 2002, consisting of a Site Plan, Floor Plans, and
Exterior Elevations, all designated as approved by the Planning and Building Director on
February 12, 2003, and shall not be altered without express authorization by the Planning
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 Planning
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. Zoning
compliance shall be verified through the 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 Planning
Department by telephoning (760) 633-2710.
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Patrick Murphy,
Planning and Building Director
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