2001-050CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-50
May 18, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
01-085 CDP (Nespor) - A request for approval of a Coastal Development Permit to utilize a
trailer coach as a temporary dwelling for the applicant while the permanent dwelling is being
constructed on a site located at 765 Mays Hollow Lane.
Zone: R-3. APN:257-020-19.
Project Description and Discussion: The applicant proposes to place a trailer coach to be utilized
as a temporary dwelling while a permanent dwelling is being constructed on the property. The
building permit for the permanent dwelling was issued on February 5, 2001.
Pursuant to Section 30.46.110 of the Municipal Code, the temporary use of a trailer coach is
permitted as a dwelling on land owned by the applicant on which the applicant is diligently pursuing
construction of the first permanent dwelling. There is no other dwelling on the property and the
applicant is the owner of the property. Also, the applicant is diligently pursuing construction of the
first permanent dwelling on the site.
The trailer coach is permitted to remain on the site during construction of the permanent dwelling.
Once the construction has been completed the use of the trailer coach as a dwelling must terminate.
Because the applicant may wish to keep the trailer coach as a recreational vehicle after the
permanent dwelling is constructed, the trailer coach could be parked on the property as a
recreational vehicle. However, the trailer coach will not be able to function as a dwelling or
separate living quarters, such as a guesthouse or accessory dwelling unit. Prior to final occupancy
of the permanent dwelling, the applicant shall demonstrate that the trailer coach is no longer
functioning as a temporary dwelling to the satisfaction of the Community Development Department.
The project drawing indicates that the trailer is located within the required rear and side yard
setbacks (25' rear and 10' side). Because the trailer coach will function as a temporary dwelling, the
trailer must be setback from the rear property line a minimum of 25 feet and 10 feet from the side
property line.
A standard public notification was posted for the Coastal Development Permit, which allowed for a
10-day comment period. No comments were received.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application, in order to approve a 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 Section 21000 and
following (CEQA) 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.
Facts: The City's General Plan and Municipal Code are applicable components of the City's Local
Coastal Plan. The project consists of one trailer coach to be utilized as a temporary dwelling during
construction of a permanent dwelling on a site located within the R-3 Zone.
Conclusion: No aspect of the project has been identified which could have an adverse impact on
coastal resources or any natural resources. 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. In addition, required
finding #2 is not applicable since no significant adverse impact is associated with the project.
Finding #3 is not applicable since the project does not involve development between the sea or other
body of water and the nearest public road and therefore does not impact public access to coastal
resources.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
Environmental Review
The project is found to be exempt from Environmental Review pursuant to Section 15061 (b) (3) of
the CEQA Guidelines, which exempts projects where it can be seen with certainty that there is no
possibility that the activity in question will have a significant effect on the environment.
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This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on April 2, 2001, consisting of 1 sheet titled Site Plan, which is
designated as approved by the Community Development Director on May 18, 2001.
Approved plans shall not be altered without the express authorization of the Community
Development Department.
SCA Approval for use of the trailer coach as a temporary dwelling shall be valid until October 1,
2001 while the applicant is diligently pursuing construction of the permanent dwelling on
the property. In the event construction of the permanent dwelling is not completed prior to
October 1, 2001, the applicant may submit an application for an extension of time. A time
extension application must be submitted 15 days prior to the expiration of this approval.
SCB Prior to final occupancy of the permanent dwelling, the applicant shall demonstrate that the
trailer coach is no longer being utilized as a dwelling. The trailer coach may be parked on
the site as a recreational vehicle after construction of the permanent dwelling, but may not
be utilized as a separate dwelling, such as a guesthouse or accessory dwelling unit.
SCC The trailer coach shall be setback a minimum of 25 feet from the rear property line and a
minimum of 10 feet from the side property line.
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.
F1 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 height of the address
numbers shall conform to Fire Department Standards.
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E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
Special Conditions:
EA The trailer shall have adequate sewage disposal (i.e. installed septic).
EB The applicant shall have a County of San Diego certified sewage disposal company
service their disposal tank on a regular basis. The applicant is responsible to report any
sewage spill immediately to the County Health Department.
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 applicant's responsibility to obtain all necessary permits required for the type
of project proposed.
The action of the Community Development Director in reference to the above item may not be
appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Jennifer Coon at the
Community Development Department by telephoning (760) 633-2717.
mac-'-~
i Sandra Holder
Community Development Director
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