2001-084CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-84
August 29, 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:
01-131CDP (Sullivan) - Coastal Development Permit application for the construction of
a new, two-story, single-family residence. Site: 441 Ocean View Terrace
APN: 256-412-71
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
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
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, height, setbacks, floor area ratio, 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 is not located between the sea and the nearest public road.
Planning Staff did receive one letter of concern from the property owner at 302 Via Nancita, which is
just south of the project site. Concerns raised centered around grade/pad elevations, drainage and zoning
code compliance. Members of both the Planning Staff and Engineering Department met with the
owner's to discuss the proposal, review the plans, and discuss code consistency. The applicant's
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architect provided additional information to staff and reflected additional data on the plans to help clarify
topography. These revised drawings were reviewed by the City's Senior Civil Engineer and found to be
consistent with the Municipal Code. Additionally, two members of the Engineering Department went
out to the project site to inspect the existing on-site drainage system. With the inclusion of Special
Condition ESC 1, attached to this Notice of Decision, Engineering Staff finds the proposal acceptable.
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 August 28, 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 August 2, 2001, and shall not be
altered without express authorization by the Community Development Department.
B 1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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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 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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance
of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence
shall not be less than 16 feet of paved width.
F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the
project site, water and sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the first lift of asphalt
paving shall be in place to provide a permanent all-weather surface for emergency
vehicles. Said access shall be maintained to the satisfaction of the Fire Department.
F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be
properly identified as per Fire Department standards.
F10 OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24
feet in width during construction and shall be maintained clear and free of obstructions
during construction in accordance with the Uniform Fire Code.
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.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed to
this marker.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed
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to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system
shall be approved by the Fire Department prior to issuance of building permits.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the
satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
ED2 The developer shall exercise special care during the construction phase of this project to
prevent any offsite siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the Engineering Services Director. The basins and erosion control measures shall be shown
and specified on the grading plan and shall be constructed to the satisfaction of the
Engineering Services Director prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by
additional drainage facilities, slope erosion control measures and other methods required or
approved by the Engineering Services Director. The developer shall maintain the temporary
basins and erosion control measures for a period of time satisfactory to the Engineering
Services Director and shall guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types suitable to the Engineering Services
Director.
ED3 A drainage system capable of handling and disposing of all surface water originating within
the subdivision, and all surface waters that may flow onto the subdivision from adjacent
lands, shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
ED5 The developer shall pay the current local drainage area fee prior to approval of the final map
for this project or shall construct drainage systems in conformance with the Master Drainage
Plan and City of Encinitas Standards as required by the Engineering Services Director.
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESC1 There is an existing concrete drainage ditch along the southerly property line. This
drainage ditch is very close to the adjacent property to the south. If the drainage ditch is
not properly maintained, there is a potential of overflow and damage to the adjacent
properties. In order to reduce the overflow potential, the site drainage shall be designed
to direct surface runoff to Ocean View Terrace to the extent practicable.
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ESC2 A grading permit shall be obtained for this project unless the proposed grading is exempt
under Section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvement,
erosion control, storm water pollution control and on-site pavement.
ESC3 Best Management Practice shall be utilized for storm water pollution control to
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 public storm
drain system. If pipes are used for the drainage, inlets shall be located to allow maximum
flow distance over grass and non-erodable landscape area. Grass lined ditch, reinforced
with erosion control blanket or rip rap lined drainage ditch shall be used instead of
concrete ditch where feasible. Hardscape areas and driveways shall be sloped toward
grass and landscaped areas. Grading plan shall identify all landscape areas designed for
storm water pollution control.
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 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) 633-2718.
Sandra Holder
Community Development Director
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