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2011-02 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2011-02 February14,2011 This letter is to inform you that the Planning and Building Director has approved your application for: 10-110 TPM/CDP (Peterson) - A Tentative Parcel Map and Coastal Development Permit to subdivide an existing, single lot (0.72 acres) into 2 lots (0.33 and 0.39 acres) The project is located at 1060 Urania Avenue in the Residential-3 (R-3) zone of the Community of Leucadia, and the Coastal Zone of the City of Encinitas (APN 254-363-37). Project Discussion: The application is a Tentative Parcel Map and Coastal Development Permit to subdivide an approximately 0.72-acre site into two lots resulting in approximately 0o33 acres (14,500 SF) for Parcel lA and 0.39 acres (16,916 SF) for Parcel 1B. An existing open space easement (Doc. No. 2006-00898797 recorded on December 19, 2006) is located on Parcel 1 B prohibits development within the steep slope area. New single-family homes may be built on each lot under separate permits in the future upon issuance of the required Coastal Development Permit and building permits. There is an existing nonconforming structure on Parcel lA that will be removed upon development of Parcel lA. Access to both parcels will be made from Urania Avenue via a minimum 20-foot wide easement located on 1072 Urania Avenue (APN 254-363- 38). A proposed 16-foot wide, emergency access hammerhead easement located on Parcel 1B will be recorded with the final parcel map. The project slope site slopes downward to the north gradually from the southern limits of the project site, but drops significantly greater than 10% within the recorded open space easement located on Parcel 1B. No pad elevations are shown for either parcel, but such that the height of future homes will be measured from the lower of existing or proposed grades when permits may be proposed for development in the future. The surrounding vicinity is composed of single-family homes that are also zoned R-3. The applicable development standards of the R-3 Zoning District include a minimum net lot area of 14,500 square feet, and minimum lot dimensions of 80 feet wide and 100 feet deep. The proposed lot dimensions are consistent with these required standards. The maximum residential density allowed for the subject R-3 zone is 3.0 dwelling units per net acre. Net acreage calculations indicate a maximum of 2.16 dwelling units could be allowed on the subject property (numerically rounded down to 2.0 only). The project complies with the density requirements of the Municipal Code and General Plan. PBD\JD\T\NOD\10-110 TPMCDP Peterson NOD.doc Page 1 of 12 The applicant has submitted letters of available services and these attest to the availability of all necessary services (including fire, water, sanitation, and school district) to the proposed subdivision. Existing water services and sewer laterals to Parcels 1 and 2 will be from Urania Avenue. The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the Municipal Code. A newsletter was mailed to all property owners and tenants within 500 feet of the project site on October 24, 2010. No comments, questions, concerns or other inquiries were received during the 3-week period leading up to the deadline for comments of November 15, 2010. A standard public notification to all property owners and tenants within 500 feet of the project site was issued for the application, which allowed for a minimum 10-day comment period prior to the Administrative Public Hearing in accordance with the provisions of Section 30.01.070 of the City of Encinitas Municipal Code. No comments were received prior to the Administrative Public Hearing. The Planning and Building Department conducted an Administrative Public Hearing on Monday, January 10, 2011. Although the applicant did not attend the meeting, City staff and three (3) citizens attended the meeting. The citizens had three concerns: (1) the increased demand for on-street parking, (2) a suggestion that a single-story home be built on Parcel 1B, and (3) a request for staff to review drainage onto adjacent property from the future development of the parcels. A letter dated January 7, 2011 e-mailed to City staff stated, "We are concerned that what little `on street' parking is available in the area is going to be overwhelmed by this lot change...We are concerned that the availability of parking on Brittany will be overwhelmed by the additional parking requirements of two lots that cannot provide adequate parking on their own property... when plans are drawn to build, each property be required to provide adequate on site parking for their own and visitor needs". Staff responded that although no homes have been proposed for development to date, the proposed homes would be reviewed in accordance with Chapter 30.54 (Off-Street Parking) of the Municipal Code where a home under 2,500 SF would be required to provide 2 enclosed parking spaces (i.e. a typical 2-car garage), and a third unenclosed parking space for homes greater than 2,500 SF. As stated previously, the project site slopes downward to the north resulting in Parcel 1B being the highest parcel when compared to Parcel lA and the existing home that fronts Urania Avenue, which was built per Case No. 06-201 CDP (PBD 2007-60 approved October 29, 2007). The same January 7, 2011 letter stated, "Lot 2(Parcel 1B), however, is the highest part of this property and since the `buildable envelope' is so small (given the recorded open space easement), we are concerned they will build a 2-story house and completely overwhelm the symmetry of the neighborhood. There are lots of 2 story houses in the neighborhood but none of them stand out or overwhelm their neighbor". Staff responded that although no homes have been proposed for development to date, the proposed homes would be exempt from design review in accordance with Chapter 23.08 (Design Review). However, if and when homes are proposed, staff will review the proposed homes relative to the issuance of the Coastal Development Permits PBDIJD\T\NOD\10-110 TPMCDP Peterson NOD.doc Page 2 of 12 required in accordance with Chapter 30.80 (Coastal Development Permit) of the Municipal Code to insure compliance with building height limitations. Lastly, a neighbor was concerned about future drainage since his residence is the lower than the project site. Staff responded that although no homes have been proposed for development to date, the applicant is required to submit a precise grading plan to address drainage and Best Management Practices and to obtain a grading permit from the Engineering Department prior to the issuance of any building permits on the newly created lots in accordance Specific Condition SCB. A standard requirement for those permits is to not allow runoff from new development on adjoining properties. This approval is based on the following findings: FINDINGS FOR A TENTATIVE PARCEL MAP STANDARD: Section 66474 of the California Government Code requires that the authorized agency approve an application for a Tentative Map unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following findings of fact: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. Facts/Discussion: There is no specific plan associated with the subject property. The General Plan allows for single family residential development at a maximum density of 3.0 dwelling units per net acre in the subject R-3 zone. The 2-lot subdivision is consistent with the General Plan density range for the R-3 zone. Conclusion: The Planning and Building Director finds that the proposed map is consistent with the General Plan. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Facts/Discussion: Chapter 24.12 of the Municipal Code sets forth design standards for subdivisions and Chapter 30.16 of the Municipal Code sets forth development standards such as lot width, depth, and area requirements for the subject R-3 zone. The proposed 2-lot subdivision meets or exceeds the applicable development and design standards of the General Plan and Municipal Code. Conclusion: The Planning and Building Director finds that the design of the subdivision is consistent with the General Plan and Municipal Code. c. That the site is not physically suitable for the type of development. PBD\JD\T1NOD\10-110 TPMCDP Peterson NOD.doc Page 3 of 12 Facts/Discussion: The site contains sufficient area to permit the 2-lot subdivision and the future development of a single-unit residence in accordance with the development standards for the R-3 Zoning District. The building areas for the subdivided lots will permit residential developments consistent with R-3 zone standards. Conclusion: The Planning and Building Director finds that the subject site with conformance to the project conditions is physically suitable for the existing and future single-family residential developments in compliance with all applicable development standards of the subject R-3 zone. d. That the site is not physically suitable for the proposed density of development. Facts/Discussion: The proposed 2-lot subdivision is consistent with the City's adopted General Plan density range far the R-3 Zoning District, which is afforded a maximum density of 3.0 dwelling units per acre. The net acreage calculations for the subdivision indicate a site-specific maximum density of 2 units. Therefore, the project complies with the General Plan and Municipal Code density provisions for the subject R-3 zone. Conclusion: The Planning and Building Director finds that the subject site is physically suitable for the proposed density of development. e. That the design of the subdivision or of the proposed improvements is likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Facts/Discussion: The project has been determined to be exempt from environmental review pursuant to Section 15315 of the California Environmental Quality Act (CEQA) Guidelines. Section 15315 exempts the division of property from environmental review when the division conforms with the General Plan and zoning, no variances or exceptions are required, all services and access to local standards is available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the average slope of the parcel is less than 20%. Conclusion: The Planning and Building Director finds that the design of the subdivision and of the proposed improvements is not likely to cause substantial environmental damage or substantially ar avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. Facts/Discussion: The applicant has provided letters of service availability from fire, sanitation, water, and school districts which state that all services are available to serve the proj ect. PBD\JD\T1NOD\10-110 TPMCDP Peterson NOD.doc Page 4 of 12 Conclusion: The Planning and Building Director finds that, since all necessary services will be provided for the proposed project, the design of the subdivision and of the proposed improvements is not likely to cause serious public health problems. g. That the design of the subdivision ar the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the authorized agency may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements through or use of property within the proposed subdivision. Facts/Discussion: No easements have been identified on the subject property that would conflict with the proposed subdivision. Conclusion: The Planning and Building Director finds that the design of the subdivision or the type of improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 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 and during the Public Hearing, in order to approve a coastal development permit: l. 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 the applicable components of the City's Local Coastal Plan. The project consists of a 2-lot residential subdivision. The proposed parcels are consistent with all applicable zoning code development standards. The project has been determined to be exempt from environmental review pursuant to 15315 of the California Environmental Quality Act (CEQA) Guidelines. PBDWD\T1NOD\10-110 TPMCDP Peterson NOD.doc Page 5 of 12 Discussion: Related to finding No. l, with the approval of the Tentative Parcel Map and Coastal Development Permit request, the project complies with or is conditioned to comply with the City's Local Coastal Progam and the Municipal Code. Related to finding No. 2, the project is exempt from environmental review and no potentially significant adverse impacts to the environment will result. Finding No. 3 is inapplicable since the project is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning and Building Director finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant adverse impacts to the environment will result and the project is exempt from environmental review pursuant to CEQA Guidelines 15315; and 3) finding No. 3 is not applicable to the project since the project site is not located between the sea or other body of water and the nearest public road. ENVIRONMENTAL STATUS: Exempt from environmental review pursuant to Section 15315 of the California Environmental Quality Act (CEQA) Guidelines. Section 15315 exempts the division of property from environmental review when the division conforms with the General Plan and zoning, no variances or exceptions are required, all services and access to local standards is available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the average slope of the parcel is less than 20%. This approval is subject to the following conditions: SCl SPECIFIC CONDITIONS: SC4 Approval of the Tentative Parcel Map and all associated permits will expire on February 14, 2013 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 drawings stamped received by the City on February 10, 2011, consisting of one (1) sheet (Tentative Parcel Map) designated as approved by the Planning and Building Director on February 14, 2011, and shall not be altered without express authorization by the Planning and Building Department. SCA The following San Dieguito Water District (SDWD) conditions apply to 10-110 TM/CDP: 1. The developer shall install the water system according to Water Agencies' (WAS) standards, and dedicate to SDWD the portion of the water system which is to be public. 2. SDWD will require that water meters be located in front of the parcel they are serving and outside of any existing or proposed travel way. Cost of relocation is the responsibility of the developer. New meters shall be placed in the Urania Road right-of-way. PBDIJD\T\NOD\10-110 TPMCDP Peterson NOD.doc Page 6 of 12 3. The developer will be required to show all existing and proposed water facilities on improvement or grading plans for SDWD Approval. 4. The developer is required to comply with the SDWD's fees, charges, rules and regulations. 5. The San Dieguito Water District Board has adopted a Drought Response Ordinance (Ord. No. 2008-01) and on July l, 2009 declared a Level 2 Drought Alert. Upon this declaration of a mandatory Drought Response Level 2 and above, no new potable water service shall be provided, no new temparary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances: a. A valid, unexpired building permit has been issued for the project; or b. The project is necessary to protect the public's health, safety, and welfare; or c. The applicant provides substantial evidence of an enforceable commitment that water demands far the project will be offset prior to the provision of a new water meter(s) to the satisfaction of SDWD. SCB The following Engineering Services conditions apply to 10-110 TPM/CDP: l. No development is proposed with this TPM. Prior to the issuance of any building permits on the newly created lots, the owner shall obtain approval of a precise grading plan and obtain a grading permit from the Engineering Department. 2. Each lot shall have its own sewer lateral to Urania Avenue. Joint sewer laterals will not be allowed. Prior to connection to the public sewer system, the owner shall pay any and all applicable Wastewater Capacity Fees SCC To the satisfaction of the Fire Department, a dedicated turn-around in the cul-de-sac for fire vehicles will be required and be recorded on the Final Map. SCD The existing nonconforming structure on Parcel lA shall be removed to the satisfaction of the Planning and Building Department prior to the issuance of building permits for the development of Parcel 1 A. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G4 Prior to recordation of the final parcel map, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this PBD\JD\T\NOD\10-110 TPMCDP Peterson NOD.doc Page 7 of 12 grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. GS 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. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Map approval to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Deparhnent regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire 1Vlitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. TENTATIVE PARCEL MAPS M1 This approval may be appealed to the City Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative Parcel Map, or in cases where the grading plan later submitted is not consistent with the approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a design review permit for grading prior to issuance of grading permits. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single- Family residential driveways; serving no more than four single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds. F4 DEAD ENDS: All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provision for the turning around of emergency apparatus. A cul- PBD\.1D\11NOD\10-110 TPMCDP Peterson NOD.doc Page 8 of 12 de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking. FS GRADE: The gradient for a fire apparatus access roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). F6 GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. Gates across fire access roadways shall be automatic and equipped with approved emergency key operated switches overriding all command functions and opens the gate(s). Power supply shall be connected to a reliable municipal source. Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, and educational or assembly occupancy group structures, shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet Fire Department requirements for rapid, reliable access. Where this Section requires an approved key-operated switch, it shall be dual keyed or dual switches with covers provided to facilitate access by law enforcement personnel. F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps. F9 POSTING OR STRIPPING ROADWAYS "NO PARHING F'IRE LANE": Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. PBD\JD\T1NOD\10-110 TPMCDP Peterson NOD.doc Page 9 of 12 EG1 Grading Conditions EG14 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 improvements, erosion control, storm water pollution control, and on-site pavement. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Directar to properly handle the drainage. EDSM The owner shall pay the current local drainage area fee prior to approval of the final map far this project or shall construct drainage systems in conformance with the Master Dxainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED6M The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the final map/any grading or building permit for this project. ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm under developed conditions is equal to ar less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. ES 1 Street Conditions ES4 Reciprocal access and/or maintenance ageements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of t he Engineering Services Director. PBD\,JDITINOD\10-110 TPMCDP Peterson NOD.doc Page 10 of 12 ESS Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. EU1 Utilities Conditions EU2M The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. EU3M The developer shall be responsible for coordination with S.D.G. & E., AT&T, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. ESW1 Storm Water Pollution Control Conditions ESWS The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Engineering Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the City Engineer, and secured with a performance bond prior to the issuance of a grading/building permit for this project. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading/Permit Site plan. ESW10 The design of drainage for private roadways and other impervious surfaces shall incorporate Best Management Practices for storm water pollution control. Private roadway drainage for this project shall incorporate one or more of the following: l. A rural swale system to direct street sheet flows into a vegetated swale or stabilized decomposed granite (DG)/gravel shoulder and includes curbs at corners and culverts under driveways and at street crossings; 2. An urban curb and gutter system with periodic inlets to collect and direct flows into a vegetated swale/biofilter; PBDWD\T\NOD\10-110 TPMCDP Peterson NOD.doc Page 11 of 12 3. A dual drainage system in which precipitation of up to .6" or a rainfall intensity of up to .2 inches per hour is captured into street catch basins and discharged into an adjacent vegetated swale or gravel shoulder. EM1 Map Conditions EM3 This project is approved specifically as 1(single) phase. This notice constitutes a decision of the Planning and Building 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. In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed to the City Council within ten (10) calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the lOth calendar day following the date of this notice of decision. The action of the Planning and Building Department in reference to the above item may not be appealed to the California Coastal Commission. If you have any questions regarding this determination, please contact J. Alfred Dichoso, Associate Planner, at (760) 633-2681, or the Planning and Building Department, 505 S. Vulcan Avenue, Encinitas, CA 92024 at (760) 633-2710. `,r27- P ck Murphy Planning and Building Department Director PBD\JD\T\NOD\10-110 TPMCDP Peterson NOD.doc Page 12 of 12