1994-051CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-94-051
October 12, 1994
This letter is to inform you that the Director of Community
Development has approved your application for:
94-153 DR (Dan Dube) - Administrative Design Review to allow for
a residential wall in excess of 6 ft., for property located at
1939 Playa Riviera (APN 260-573-23).
Project Description and Discussion:
The applicant proposes to construct a masonry wall along the
westerly frontage of his property, and partially along the
northerly frontage, with height to range from 4 ft. 6 in. to 6
ft. 2 in. Section 23.08.040 of the Municipal Code requires
Administrative Design Review for walls and fences in excess of 6
ft.
The subject property has considerable slope, and the purpose of
the wall is to retain earth and create more usable area for the
property owner.
A 300 ft. public notification was sent. No inquiries were made
regarding the application.
This approval is based upon the following findings, pursuant to
Chapter 23.08 (Design Review) of the City of Encinitas Municipal Code:
Design Review:
Municipal Code Sections 23.08.074, 076, 077 (site and building
design and landscaping) are satisfied in that the proposed
project will have minimal impact on surrounding views through the
site since the wall would retain soil no higher than the existing
grade level. Regarding project design and views from the site,
the proposed wall will have no impact on such views. Regarding
project design and views to the site, the proposed wall
constitutes an enhancement to the property and the surrounding
area.
The applicant proposes no other changes to the building or
project site with this application.
JK/94153.DEC (10-12-94) 1
The project is found to be exempt from Environmental Review, per
CEQA Section 15303(c).
This approval is subject to the following conditions:
1. This Design Review approval shall expire October 12, 1996, two
years from the date of this approval, unless activity is
initiated or building permits are obtained in reliance upon this
approval.
2. Permits or findings of exemption shall be obtained from the State
Coastal Commission, if required, and any other applicable
Government agencies.
3. The approved project shall conform to the application and plans
submitted to the City and dated received on September 15, 1994,
and shall not be modified without prior city approval.
4. The applicant shall provide landscaping along the westerly edge
of the retaining wall in order to soften the appearance of the
wall. The landscaping may be either flowers, shrubs or trees,
and shall by regularly irrigated and maintained in a satisfactory
growing condition.
In accordance with the provisions of the Municipal Code, this decision
may be appealed to the City Council within fifteen (15) calendar days
of the date of this determination. 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's responsibility
to obtain all necessary permits required for the type of project
proposed.
If you have any questions regarding this determination, please contact
Jim Kennedy at the Community Development Department by telephoning
(619) 633-2715.
Sandra Holder
Community Development Director
JK/94153.DEC (10-12-94) 2