Loading...
2014-12 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2014-12 February 6, 2014 This letter is to inform you that the Planning and Building Director has approved your application for: 13-162 CDP (Applicant: McCullough Design Development) — A request for a Coastal Development Permit for the construction of a new single-family residence on an existing vacant lot. The subject property is located at 1407 Rainbow Ridge Lane within the Rural Residential 2(RR-2)Zone and Coastal Zone. (APN: 254-181-22). Project Description: The project is a request for the construction of 3,394-square foot one-story single-family residence with an attached 4-car 970-square foot garage on a 22,051-square foot vacant lot within the Coastal Zone, which requires the issuance of a Coastal Development Permit. One- half of the garage as well as an outdoor patio cover with closet and outdoor fireplace are shown as optional elements or to be utilized as a future use. Access for the residence is via a 17-foot private road easement to Rainbow Ridge Lane. Discussion: The subject undeveloped site (Lot 2) was subdivided with Case No. 05-273 TM/DR/CDP as a 4-lot subdivision and recorded as Map 20412 on December 24, 2007. Height for the proposed residence is required to be measured from the lower of the existing or finished grade at the building wall. The applicant has documented that the project complies with the 22-foot height limit plus four (4) additional feet for allowable projections as per Section 30.16.010B6a2 of the Municipal Code. The single-family residence is proposed at more than 2,500 square feet, and the applicant is thus required to provide two enclosed parking spaces and one additional enclosed or unenclosed parking space. The applicant has provided two enciosed parking spaces with an optional additional two-car garage and has additional unenclosed parking spaces within the driveway, thus meeting and exceeding all parking standards in Chapter 30.54 (Off-Street Parking) of the Municipal Code. Custom Single-family Residence Exemption- The applicant is proposing two new single-family residences directly across from each other at 1407 Rainbow Ridge Lane (Lot 1) and 1401 Rainbow Ridge Lane (Lot 2). Section 23.08.03067 of the Municipal Code requires that residences within the immediate neighborhood have a substantially dissimilar design with a different building footprint, orientation, elevations, architectural features and materials. PBD�AM\T:\NOD\13-162cdp nod.doc - 1 - The proposed residences are different in regard to the building footprint and orientation. Both residences will have side loading garages but have different shaped footprints with a variety of wall offsets. The elevations on Lot 1 include a variety of steeper roof pitches from 6:12 to 12:12 with dormer roof elements, while Lot 2 will primarily have roof pitches of 6:12. The materials and colors for Lot 1 will include a flat slate roof tile and green siding with a light tan smooth stucco finish. Windows for this residence are proposed with mullioned windows and shutters. Materials and colors for the subject residence on Lot 2 include earth tone clay tile roofing, tan stucco, decorative recessed niches with brick stone work natural stonework. Windows are clear paned and include shutters and wrought iron awnings. Based upon the characteristics of the footprints, orientations, elevations, architectural features and materials for the residences they have been determined to be substantially dissimilar custom single-family homes. Public Notification: A standard public notification was issued for the Coastal Development Permit application, which allowed for a ten day comment period from January 11, 2014 to January 21, 2014. The Planning Department did not receive any correspondence on the project. Determination: The Planning and Buiiding Department determined the Coastal Development Permit application to be consistent with the City's certified Local Coastai Program, including all applicable policies of the General Plan and provisions of the Municipal Code. Therefore the project is hereby approved based upon the attached findings and subject to the attached conditions of approval. The single- family dwelling as approved herein is exempt from Design Review as per Section 23.08.030B7 of the Municipal Code because the project is one custom single-family detached dwelling with a dissimilar design from other residences within the immediate neighborhood. Environmental Review: The project includes the construction of new single-family residence on an existing vacant lot. California Environmental Quality Act (CEQA) Guidelines Section 15303(a) exempts from environmental review the construction of up to three single-family residences. Therefore, the project is exempt from environmental review. This approval is based on the following findings: 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: 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 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 PBD�AM\T:\NOD\13-162cdp nod.doc -2- 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 applicant requests approval of a Coastal Development Permit for the construction of a new one story single-family residence on a vacant lot within the RR-2 Zone on the east side of Rainbow Ridge Lane between Capri Road and Sunrich Lane. The construction of a new single-family residence within the Coastal Zone requires the issuance of a Coastal Development Permit. The applicant will be constructing a 3,394- square foot residence on a 22,051-square foot lot. A two-car garage attached garage is proposed with an additional two-car optional garage. As proposed the project complies with the 22-foot height iimitation plus four (4) additional feet for allowable projections within Section 30.16.01066a2 of the Municipal Code. The proposed single-family dwelling is exempt from Design Review as per Section 23.08.030B7 of the Municipal Code because the project is one custom singie-family detached dwelling with a dissimilar design from other residences within the immediate neighborhood. Discussion: Related to finding No. 1, the project complies with all R-11 Zone development standards of the RR-2 Zone related to height, setbacks, and lot coverage and is consistent with all policies of the general plan, the City's Local Coastal Program, General Plan and the Municipal Code. The project includes four enclosed garage parking spaces and additional unenclosed parking spaces meeting and exceeding all off-street parking requirements. Related to finding No. 2, the project is exempt from environmental review pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is not applicable because the project site is located on an inland, suburban infill site that is not located between the sea and the nearest public road. Conclusion: The Planning and Building DepaRment finds that 1) the proposed project is consistent with the City's certified Local Coastal Program including General Plan policies and Municipal Code requirements, and all other applicable development and design standards; 2) no potentially significant adverse impacts to the environment will result from the project and the project is exempt from environmental review pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) Guidelines; and 3)finding No. 3 is not appiicable as the project site is not located between the sea and the nearest public road. SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, February 6, 2016 at 5:00 P.M., or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the Coastal Development Permit shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination as listed on this Permit. PBDWM\T:\NOD\13-162cdp nod.doc -3 - SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on December 3, 2013, consisting of six sheets, including cover sheet, site plan, floor plan, elevations and preliminary grading plan (2 Sheets), all designated as approved by the Planning and Building Director on February 6, 2014, and shall not be altered without express authorization by the Planning and Buiiding Department. SCA The following conditions shall be included on the building and/or grading plans and performed to specification of the Engineering Department: 1. The applicant shall install a pervious paver parking area between the edge of the existing PCC flush curb and the property line along the frontage to Rainbow Ridge Lane. The existing PCC ribbon drain shall be sawcut at the property line and replaced with the pervious paver section. The pavers shall be pervious and shall be approved by the City of Encinitas. The final design and cross section of the pavers will be approved on the grading plan but generally shall have a layered crushed rock base to allow infiltration. 2. The applicant shall sawcut and replace the existing damaged asphalt paving along the property frontage to the satisfaction of the Engineering Department. 3. This project shall be considered to be a Priority Development Project (PDP) for stormwater pollution control purposes because the parent subdivision was a PDP. The proposed bioretention basins shall be sized for priority level treatment and shall comply with the Hydromodification Management Plan (HMP). Additionaily, the previous grading plan indicates a large stormwater infiltration basin to mitigate for an increase in runoff associated with this development. The existing basin shall be shown, and the proposed basin shall be modified to accommodate the original basin and HMP. 4. The applicant shall obtain a grading permit from the City of Encinitas for the construction of this lot. The applicant may elect to provide one full grading plan for both this project and the adjacent lot under case 13-161 CDP. 5. The existing vegetated swale for stormwater treatment that accepts the private road runoff along the property frontage has not been adequately maintained and does not appear to be functioning as intended. The bioswale shall be removed and replaced with a bioretention basin, including the amended soil and rock layers, and subdrain system to collect and treat the private road runoff. SCB Prior to the issuance of the building permit the applicant shall establish a Maximum Applied Water Allowance (MAWA) and complete a best landscape design practices checklist pursuant to Section 23.26.160 of the Municipal Code. If the landscape area for the project exceeds 5,000 sq. ft., then the project shatl be subject to all additional landscape and irrigation requirements within Chapter 23.26 of the Municipal Code. PBDWM\T:INODN3-162cdpnod.doc -4- G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 specificaily 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. The height certificatio�/survey shall be supplemented with a reduced (8 %z" x 11") copy of the site plan and elevations depicting the exact point(s) of certification. The engineer/surveyor shail contact the Pianning and Building Department to identify and finalize the exact point(s)to be certified prior to conducting the survey. 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 MitigationlCost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance 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 Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. G19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner/tenant vehicies at all times. B1 BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: 62R 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. PBD�P,M\T:\NOD\13-162cdp nod.doc -5 - F1 Fire Conditions: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shali 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. F3 ACCESS ROAD MINIMUM DIMENSIONS WHEN SERVING FOUR (4) OR LESS SINGLE FAMILY DWELLINGS WITH AUTOMATIC FIRE SPRINKLER SYSTEMS INSTALLED: A Fire Apparatus roadway providing access to not more than four (4) fire sprinklered single family dweilings shall not be less than 16 feet of paved width, curb line to curb line, with an unobstructed vertical clearance of not less than 13 feet 6 inches. F4 DEAD ENDS: Ali 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- 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 shail be 36 feet in residential areas with no parking. F5 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. PBDWM\T:\NOD\13-162cdp nod.doc -6- F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by viRue 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. F8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department: 1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency; 2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and 3. All fire hydrants shall be installed, in service and accepted by the Fire Department and applicable water district. F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE": Fire Department access roadways, when required, shali be properly identified as per Encinitas Fire Department standards. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4" inch and two (2) 2 %z" inch NST outlets. Residentiai fire hydrants shall have one (1) 4" inch NST outlet, and one (1) 21/2" inch NST outlets. F12 FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire Department and shown on the improvement/grading plans and final map and building plans. F-13 ADDRESS NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4" high with a 3/8" stroke for residential buildings, 8" high with a %z" stroke for commercial and multi-family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. PBDWM\T:\NOD\13-162cdp nod.doc -7- F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to the issuance of building permit(s). F16 FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR WILDLAND/URBAN INTERFACE AREAS: Structures shall meet all wildland/urban interface standards to the satisfaction of the Fire Department. As a minimum structures shall meet the following fire resistive construction requirements: (1) Exterior wall surfacing materials shall be of non-combustible materials; (2) Glazing materials shail be tempered multi- paned glass panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass; (4) Ventilation in exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall; (6) Roof covering shall not be less than a Class "A" roof assembly; (7) Vinyl windows, if used, shall meet the following requirements: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and (e) Certified and labeled to ANSI/AAMA/NWWDA 101/I>S>2-97 for structural requirements; and (8) Structures shall have an automatic fire sprinkler system installed to the satisfaction of the Fire Department. Structures shali comply with 2006 International Wildland Urban InterFace Standards and Encinitas Fire Department Amendments. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof coverinq to the satisfaction of the Encinitas Fire Department. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E2 Ail City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall appiy. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Gradinq Conditions EG3 The owner shall obtain a grading pertnit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. PBDWM\T:\NOD\13-162cdp nod.doc -8- EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading permit for the project. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1 st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED1 Drainaqe 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 poilution 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 Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building pertnit 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. ES1 Street Conditions ES5 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. PBD�,4M\T:\NOD\13-162cdp nod.doc -9- EU1 Utilities EU4 All proposed utilities within the project shall be installed underground inciuding existing utilities unless exempt by the Municipal Code. ESW1 Storm Water Pollution Control Conditions ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparing a Stormwater Pollution Prevention Plan (SWPPP)for review and approval by the City. ESW4 Priority Projects shall implement a single or a combination of storm water Best Management Practice methods in order to reduce to the maximum extent practicable the quantity of pollutants entering the public storm drain system or any receiving body of water supporting beneficial uses. All Priority Projects shall construct and implement a structurai treatment control BMP, such as natural bio-filtration system or a treatment detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or greater than the volume generated by a 0.6" precipitation storm event in a duration of twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during each hour of a storm event. The filtration system shall be designed based upon best management practice standards and must be approved by the City Engineer. A covenant approved by the City shall be recorded against the property to ensure the professional maintenance, repair, and repiacement of the storm water quality BMP as necessary into perpetuity. The covenant shall also detail the funding mechanism for the required maintenance. A Grading Plan/ Permit Site 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 shali be piaced on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW5 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 ail flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan/ Permit Site 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. PBD�,4M\T:\NOD\13-162cdp nod.doc - 10- This notice constitutes a decision of the Pianning & Building Department only. Additionai permits, including Building Permits, may be required by the Building Division or other City Departments. It is the property owners responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1.12, the decision of the Planning and Building Director may be appealed to the City Council within 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm on the 15"' calendar day following the date of this Notice of Decision. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The project site is in the Coastal Zone but is not within the appeal jurisdiction of the Coastal Commission. This determination mav not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Andrew Maynard at the Planning and Building Department by tetephoning (760) 633-2718 or via email at amaynard@encinitasca.gov. I Jeff Murphy, Planning and Building Director PBD�P,M\T:\NOD\13-162cdp nod.doc - 11 -