2001-025 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-01-025
March 28, 2001
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:
01-042 CDP (A2 Design) - Coastal Development Permit application for the demolition of an
existing residence and the construction of a new, two-story, single-family residence located on the
east side of Neptune Avenue in Leucadia. (227 Neptune Avenue: APN: 256-351-24).
Project Description and Discussion: The applicant proposes to demolish an existing home on the
east side of Neptune Avenue. The existing residence is currently single story. The proposed
project additionally consists of constructing a new, 2,300 sq. ft. residence with a second story
element. The existing detached garage is slated to remain. The maximum height of the proposed
residence will not exceed 26'-0".
As depicted on the architectural plan sets, the project meets the development standards for lot
coverage and FAR. Additionally, the project meets the standard setback and height requirements
for residential structures in the RS-11 zone.
A standard public notification was issued for the project, with one letter received requesting staff to
play close attention to height standards, bulk and mass, FAR and community character. Staff has
conducted a detailed analysis of the application and plans to insure that the project meets all
applicable development standards pertaining to this lot. Since this is a custom home, it is exempt
from Design Review standards as per section 23.08.030 B7 of the Encnitas Municipal Code.
Because the property is in the Coastal Commission appeal zone, a Public Hearing was conducted
on March 19, 2001. No members of the public or neighbors were in attendance to object to the
project.
Municipal Code Section 30.80 permits residential additions in the coastal zone provided the
following finding s can be made:
Coastal Development Permit
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and
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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
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. 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 (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 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.
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 Community Development
Department 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.
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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 March 28, 2003, 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 February 13, 2001, designated as approved by the Community
Development Director on March 28, 2001, and shall not be altered without express
authorization by the Community Development Department.
SCA All proposed chimneys, fireplaces, and walls shall adhere to Municipal Code Sections
30.16.010137(c), 30.16.010 E6, and 30.16.010F. This will be verified through the standard
plan check process prior to issuance of a building permit.
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 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 and other City Departments. 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 Chris Miller at the
Community Development Department by telephoning (760) 633-2718.
Sandra Holder
Community Development Director
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