2001-003CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-03
February 14, 2001
This letter is to inform you that the Director of Community Development has approved your
application for the following Coastal Development Permit for property located in the City of
Encinitas:
00-124 CDP (Peters) - Coastal Development Permit application for the demolition of an
existing residence and the construction of a new, single-family residence with an
accessory unit. Site: 270 Liszt Avenue APN: 260-263-04
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 allows for the construction of single-family dwelling units with
accessory units within this neighborhood. 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, etc.) as per the Encinitas
Municipal Code.
Letters of concern were received from the residents of 1651 Rubenstein Drive and 1648 Brahms Road.
Concerns raised about the proposed project centered on building architecture, Building size, building
height, overall site layout and average lot slope. These concerns and comments were analyzed by
Planning staff and discussed with both the project applicant and neighbors who contacted staff. Planning
staff has analyzed the architectural drawings and lot slope information submitted by the applicant. After
review of the stamped and certified documents submitted by the project architect, staff has concluded
that the average lot slope of this lot, as defined in the Encinitas Municipal Code, is under 10%. Because
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this project complies with zoning/development standards and is not subject to Design Review, many of
the neighbors concerns can not be addressed through the Coastal Development Process.
Since the project complies with all applicable provisions of the City's Municipal Code, the Community
Development 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 Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guideline Section 15303.
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.
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.
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on February 14, 2003, at 5:00 PM, 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 Community Development Department on November 20, 2000, a modified
site plan dated received February 6, 2001, and shall not be altered without express
authorization by the Community Development Department.
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B 1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
132R 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 plan(s),
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.
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 5:00 PM on the 15th calendar day
following the date of this notice of decision. This decision is not appealable to the California
Coastal Commission. 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 or applicant's responsibility to
obtain all necessary permits required for the type of proj ect proposed.
If you have any questions regarding this determination, please contact Chris Miller at the
Community Development Department by telephoning (760) 633-2710.
Sandra Holder
Community Development Director
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