2006-007CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2006-07
January 23, 2006
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:
05-246 CDP (Applicant: G + S Building and Development, Inc.) - Coastal Development Permit
request to demolish an existing residence located in the RS 11 zoning district.
(APN: 256-391-12 & 14: 175 Florita Street)
Project Description and Discussion: The applicant is proposing to demolish the existing structures
located on this residential lot. No new structures or homes are proposed at this time.
The applicant had previously submitted an application for a Certificate of Compliance (Case No.
05-122 CC) for two existing lots. A Coastal Development Permit is required to demolish the
existing residence and to finalize the remaining steps in the Certificate of Compliance process.
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
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 RS-11, which permits proposed single-family dwelling units,
with accessory units, and the demolition of residential structures, in the Municipal Code and General
cm/g:NOD/05-246cdppbd06.doc
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, building 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 92 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) Guidelines Section 15301(1)(1).
This approval is subject to the following conditions:
GI 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.
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 Planning 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.
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SCl SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, January 23, 2008 at 5:00 pm, or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC6 This project is conditionally approved as set forth on the application and project plans
consisting of a Site Plan designated as approved by the Planning and Building Director on
January 23, 2006, and shall not be altered without express authorization by the Planning
Department.
B1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
BSC The applicant shall apply for a demolition permit to be issued by the Building Division.
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 $250.00 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. This
decision is not appealable to the Coastal Commission.
If you have any questions regarding this determination, please contact Christopher Miller at the
Planning Department by telephoning (760) 633-2710.
Patrick Murphy,
Planning and Building Director
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