2004-053 - EG
CITY OF ENCINIT AS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2004-53
May 14, 2004
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:
03-132 CDP (Shackelton/Gilchrist) - Coastal Development Permit request to substantially
remodel an existing one-story residential structure and to create a new second story element.
(APN: 256-262-05: 487 Neptune Avenue: RS-ll Zone)
Project Description and Discussion: The applicant is proposing to substantially remodel an
existing residence on the east side of Neptune Avenue. Because the residence will not remain
habitable, this proposed two-story single-family residence is considered a new home. Access to
this residence will be from an alley at the rear of the lot. The new residence will be approximately
1,600 -sq. ft. in size and will include a standard two-car garage (existing). Maximum height will
not exceed 26'-0".
A standard public notification was issued for the project, with no letters of concern received from
any of the neighbors. The applicant facilitated a Citizen Participation Program (CPP) and received
no negative input during this process.
Because the project site is in the Coastal Commission appeal zone, an Administrative Hearing was
held on May 3, 2004, with no members of the public in attendance.
Municipal Code Section 30.80 permits residential structures 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
crrJfi03-132CDP,PBD
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 RS-ll, 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 (1ot 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
Department fmds 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 (east side of
Neptune Avenue) 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 15301(1)(1)
and Section 15303( e )(2).
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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Department's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
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.
crrJfi03-132CDP,PBD
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 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.
SCl SPECIFIC CONDITIONS:
SC2 This approval will expire on May 14, 2006, 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 April 20, 2004, consisting of a Site Plan, Floor Plans, and Exterior
Elevations, all designated as approved by the Planning and Building Director on May 14,
2004, and shall not be altered without express authorization by the Planning and Building
Department.
Bl BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor planes),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with California Amendments, the California Mechanical, Electrical
and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck
will be completed prior to permit issuance and additional technical code requirements may
be identified and changes to the originally submitted plans may be required.
crrJfi03-132CDP,PBD
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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 numbers shall
contrast with their background, and shall be no less in height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
El 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.
ESCl The applicant shall provide full-width alley improvements along the property frontage to the
satisfaction of the Filed Inspector.
ES 1 Street Conditions
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner 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.
ESWl Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the 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 landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be
sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined swale
in the middle can be used if the site topography does not allow for the discharge of
driveway runoff over landscaped areas. The Permit Site Plan shall identify all landscape
areas designed for storm water pollution control (SWPC). A note shall be placed on the
crrJfi03-132CDP.PBD
plans indicating that the modification or removal of the SWPC facilities without a permit
from the City is prohibited.
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. It is the
property owner or applicant's responsibility to obtain all necessary permits required for the type of
project proposed. Zoning compliance will be verified through the standard plan check process.
If you have any questions regarding this determination, please contact Christopher Miller at the
Planning and Building Department by telephoning (760) 633-2710.
..:::=-
i-?J( tfk~?
Patrick Murphy,
Planning and Building Director
crrVfi03-132CDP,PBD