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2017-10 - EG ' • NOTICE OF DECISION � Planning and Building Department Project Name: One Oak Subdivision Sales Trailer Request: Construct a temporary sales trailer and associated temporary parking lot and landscape improvements for the One Oak subdivision. Discretionary Actions: Administrative Design Review Permit (ADR) CEQA Determination: Exempt DECISION: APPROVED Project Number: 16-225 ADR PBD Number: 2017-10 Location: 3584 James Court Community: Olivenhain APN: 264-590-07-00 Applicant: Shea Homes, LP Representative: John Vance, Vice President of Community Development Project Planner: Katie Innes, Associate Planner, kinnps @encinitasca.gov Decision Date: March 8, 2017 Report Approval: ®Roy Sapa'u, Senior Planner SUMMARY AND KEY CONSIDERATIONS The project proposes an Administrative Design Review Permit for the construction of a temporary sales trailer and associated temporary parking lot and landscaping. The sales trailer is intended to temporarily support the marketing and sales phase of a 28-lot single-family development (One Oak). The Planning and Building Department is being asked to approve the proposed Administrative Design Review permit to allow for the construction of a temporary sales trailer and associated � ITsmNxmE: ONE OAK TEMPORARY SxLESTRAILER PROJECT NUMBER: 10-225ADR MARCH 8. 2U17 Site i0pnDVe0eDtS in accordance with 88CtiOD 30.46.070 /[|ODStnUCtiOD Support) and Section 3O.40.1UO (Uses iO New Subdivisions) 0f the Encinitas Municipal Code /EK8C\. PROJECT DESCRIPTION The project pn]pOSBS an AdnOiDiS[[8UVe Design Review Permit for 8 temporary Sa|8G trailer and associated t8nlpOc3ry parking lot and landscape iOOpn}v808OtS. The t80pO[8[y sales trailer will be |OC8t8d OD Lot 7 of Tentative K83p 98-018. The t80p0[3[y S@|8S t[8i|8[ is approximately 480 GqU8n8 feet and 10 parking Sp8C8S will be provided. An asphalt driveway will provide 8CC8SS 0] the site from R8OChO Summit Drive. The project has been conditioned to 0e8i all ADA n8qUiPB08DtG and to CODD8{t to the sewer. PROJECT ANALYSIS Background On October 0' 1998' the City COUOCi| approved Case N0. 98-018 Tentative P8[C8| K88p. Major Use Permit for 8 Planned R83ideDU3| DeV8|Op08Ot (PRO)' and AOD8X8iiOO F8qU9St to 3||Vvv the subdivision Of 112.56 8C[8S into 8 28-lot residential subdivision (91.50 aCnS8) with 8SSOCi8ted public PD3dS /4.99 aCnSG\ and D3tUr8| open Sp8C8 (75.51 acres). The final Dl8p for the project has been recorded. A Sep3[8t8 Design Review Permit /C3S8 K|U. 15-251 []Fl\ was 8ppnOV8d by the Planning [|OrODOiSSiOO OO D8CenOb8[ 15, 2016 for the 8nChi[eCtUr@| design Of the 28 h0DleS within the subdivision. Project Site Characteristics: General Plan: Rural Residential (RR) Specific Plan: None Zoning District: Rural Residential (RR) Zoning Overlay: Cultural/Natural Resources Overlay Community Character Context: Rural Residential Neighborhood Other Key City Plan: None Notable State or Regional Plan and Law: None The proposed project is |QC8t8d within the RU[3| Residential Neighborhood Community ChG[8Ct8[ context. The RU[B| R8Sid8DU8| Community Character CODt8rt rD8h8S Up the majority of the C)|iw8nh8iO CODlD1UOib/. []|iV8Dh8iD is p8StOr8| in D8tU[8' with SiOg|8-f8nli|y u8gS OO very |8n]R |OtS with view to the foothills. A significant GqUeGt[i8O CU|tUrS 8XiStS in this COOteXt' and 08Dy 0u|h-US8 trails exist for horse-riding, as well as for walking, biking and jogging. 2 of 12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 Adjacent Area: Direction General Plan & Community Land Use Zoning District Character Context North Rural Residential (RR)/ Rural Vacant(future single-family residential) Rural Residential (RR) Residential Neighborhood South Rural Residential (RR)/ Rural Designated open space per TM 98-018. Rural Residential (RR) Residential Neighborhood-. East Rural Residential (RR)/ Rural Vacant (future single-family residential) Rural Residential (RR) Residential Designated open space as TM 98-018 Neighborhood. West Rural Residential (RR)/ Rural Vacant (future single-family residential) Rural Residential (RR) Residential Designated open space per TM 98-018 Neighborhood General Plan Consistency The City of Encinitas General Plan includes a number of goals and policies that guide development and land use within the City. A discussion of how the project is consistent with the applicable General Plan policies is summarized below: General Plan Goal or Polic Explanation of Project Conformance RURAL RESIDENTIAL: The Rural The previous Tentative Map approval (Case No. 98-018 Residential land use category TM/MUP/AN/EIR) created a subdivision of 28 single-family includes two mapped designation lots in accordance with the Rural Residential General Plan on the Amended Land Use Policy Land Use Designation. A Major Use Permit was approved Map: Residential 0 -.25 du/ acre, as part of this application to allow for minimum one acre lot and development of single- family sizes (as opposed to the two acre minimum lot size homes on large lots ranging in size typically required for the Rural Residential zone), in order from 2 to 8 acres. Lower density to preserve approximately 75.51 acres of the site as development provided for in this natural Open space, consistent with the RR General Plan category is important so that land use designation. sensitive areas of the City can be preserved, as well as ensuring that Section 30.46.070 (Construction Support) and Section areas subject to environmental 30.46.100 (Uses in New Subdivisions) of the Encinitas constraints are developed in a Municipal Code (EMC) allows for the construction of safe and rational manner. The temporary sales trailers within a subdivision for which a actual density of development will final map has been recorded, in accordance with the depend on local topography and Design Review procedures in EMC Section 23.08, other development constraints or significant resources that might be The final map for Case No. 98-018 has been recorded. present. The proposed temporary sales trailer is consistent with the Rural Residential land use designation and the temporary support uses allowed by the Municipal Code. 3 of 12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 Municipal Code Analysis Encinitas Municipal Code (EMC) Section 30.46.100 (Uses in New Subdivisions) provides requirements for temporary building and structures supporting residential development and major construction such as the One Oak subdivision. A summary of how the project meets the requirements for temporary support uses for new subdivisions is provided below. Development Standard/Requirement Project Proposed Complies? Land Use Real estate sales facilities Yes ® No ❑ for the purpose of promoting the sale of residential lots within the same residential subdivision is a permitted use according to EMC Sections 30.46.070 and 30.46.100. Front Yard Setback (30 feet minimum) 182 feet Yes ® No ❑ Street Side Yard Setback (20 feet minimum) 61 feet Yes ® No ❑ Interior Side Yard Setback (15 feet minimum) 44 feet Yes ® No ❑ Rear Yard Setback (25 feet minimum) 90 feet Yes ® No ❑ Lot Coverage (35%) 0.01% (46,874 s.f./480 s.f.) Yes ® No ❑ Building Height(26 feet/30feet maximum) 23 feet 6 inches Yes ® No ❑ Guidelines Consistency The proposed project is subject to Design Review and is required to demonstrate compliance with the City of Encinitas Design Guidelines pursuant to EMC Section 23.08 (Design Review). The City of Encinitas Design Guidelines provide guidance for the architectural design of commercial developments. Project compliance with the design guidelines is outlined below: Design Guideline Explanation of Project Conformance Design Guideline 2.4.4: Buildings The proposed temporary sales trailer has been placed on should be located to create usable the site in a manner that creates functional exterior spaces and functional exterior spaces in that are in scale with the building. Decorative paving and scale with the building. landscaping are proposed at the front and rear of the sales trailer building creating usable and functional space for the pedestrian. 4 of 12 ITEM NAME: ONE OAK TEMPORARY SxLeSTRAILER PROJECT NUMBER: 16-225ADR MARCH 8. 2017 Design Guideline Explanation of Project Conformance Design Guideline 4.4.6: Parking The project site will include various landscape plantings, lots should be visually buffered including trees, shrubs and ground cover that will help from adjacent streets and soften the visual impact of the temporary sales trailer and properties through the use of earth parking lot area. berms and landscaping. Design Guideline 5.3.7.A: The proposed building materials and colors for the Structures should utilize building temporary sales trailer utilize the recommended earth materials and colors in earth tones for structures located on hillside topography. tones, particularly darker hues, when located on hillside topography or in view corridors. Design Guideline 5.3.9: Visual Visual interest is achieved through changes in colors and interest is strengthened by shadow building materials. An architectural projection that wraps relief. This is best accomplished around the side of the building also adds architectural by breaking larger massing into interest and breaks in the wall plane. The use of a sloping smaller parts. shed roof also adds visual interest to the sales trailer PUBLIC NOTICE AND PARTICIPATION Citizen Participation Program The applicant COOdUCt8d 8 Citizen's Participation PnJg[8Dl /CPP\ in 8CCO[d8DC8 with Chapter 23.06 Of the K4UOiCip8| Code. A Citizen Participation Pn3gr8nl meeting was held at 8 p.m. On May 3. 2010. at the City of Encinitas Poinsettia F{QOrD. All property UvvDe[G and tenants within 500 feet of the project site were notified. According to the [|PP Final Report, OO one attended the meeting. Public Notice The Notice Of Pending ACUOO OO the Administrative Design Review Permit was mailed OD February 2' 2U17, k] all property owners and occupants within 5OO feet Of the project Gite8Odto anyone who requested such DObC8 in writing, in CVOOp|i8OCe with Encinitas K8UDiCip8| Code Section 30.01.070. The Notice Of Pending Action requires 8 nliDirOUDl 10-d8y public CVD1DleOt period. Additionally, as 8 C0Urt88y' the OOUC8 was posted at City H8|| and OO the [z|8OOiDg and Building Department's Internet site under"Public Notices" and via e-Project SOU[C8. Other Public Input Staff received DO C0DlDleQiS. ENVIRONMENTAL CONSIDERATIONS The project has been d8Le[0iO8d to be exempt from eOvirVO0HOt8| [8vi8VV pUrSU8Di to the California EDViFODOleOta| Quality Act /CEC)A\ Guidelines Section 15303 /C\' which 8XS0ptS new COOGt[UCtiOD Of SnO8|| St[UCtUn8S not iDVO|ViDQ the use Of hazardous SUbGt8OCHs. and not exceeding 2'500 GqU8r8 feet in f|OO[ area from 8nvirOOrnen18| review. The project i5 8 temporary G8|H3 trailer 8trUCtU[eS b]t8|iOg 480 SqU8[e feet and does not involve the use Of h8Z8PdOUs 5 of12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 substances; therefore, the project meets the criteria for the exemption. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. DISCUSSION The Planning and Building Department has determined the Administrative Design Review Permit application to be consistent with all applicable policies of the General Plan, Design Guidelines and provisions of the Municipal Code. The architectural design, colors, materials and landscape design of the temporary sales trailer and associated parking lot and landscape improvements are consistent with the Design Guideline recommendations. The temporary sales trailer will be required to comply with all applicable Building and Fire codes through the standard building permit plan checking process. In addition, the project has been conditioned herein to meet all ADA requirements and to connect to the sewer. The project has also been conditioned herein for the trailer to be removed prior to the issuance of building permit for a single-family residence on the subject property (Lot 7). FINDINGS Based on the findings for a Design Review Permit per Encinitas Municipal Code Section 23.08.080 and the aforementioned analysis, the Planning and Building Department has made the following findings to support the approval, with conditions: Finding for Design Review Administrative Explanation of Findin The project design is inconsistent with the The proposed temporary sales trailer is General Plan or the provisions of the Municipal consistent with the General Plan and Code. Municipal Code. A parcel map has previously been recorded for the project site, establishing the lots and open space within the subdivision. Further, Section 30.46.070 (Construction Support) and Section 30.46.100 (Uses in New Subdivisions) of the Encinitas Municipal Code (EMC) allows for the construction of temporary sales trailers within a subdivision for which a final map has been recorded, in accordance with the Design Review procedures in EMC Section 23.08. 6of12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 Finding for Design Review Administrative Ex lanation of Finding The project design is substantially inconsistent The project design is substantially consistent with the Design Review Guidelines. with the Design Guidelines. The proposed building materials and colors utilize the recommended earth tones for structures located on hillside topography, and visual interest is achieved through changes in colors and building materials. The project also includes trees, shrubs and ground cover that help soften the visual impact of the temporary sales trailer and parking lot area. Decorative paving is also proposed at the front and rear of the sales trailer building creating usable and functional space for the pedestrian. The project would adversely affect the health, The temporary sales trailer will not adversely safety, or general welfare of the community. affect the health, safety or general welfare of the community. The temporary sales trailer will be required to comply with all applicable Building and Fire codes through the standard building permit plan checking process. In addition, the project has been conditioned herein to meet all ADA requirements and to connect to the sewer. The project would cause the surrounding The project would not cause the surrounding neighborhood to depreciate materially in neighborhood to depreciate materially in appearance or value. appearance or value. The sales trailer has been designed to meet the City's design guidelines and to provide landscaping that will soften the visual impact of the associated building and parking lot. Additionally, the sales trailer is temporary in nature. The project has been conditioned to require that the sales trailer be removed prior to the issuance of building permit for a single-family residence on the subject property. CONCLUSION The proposed temporary sales trailer is consistent with the General Plan, Encinitas Municipal Code Sections 30.46.070 (Construction Support) and Section 30.46.100 (Uses in New Subdivisions). Additionally, the project design is consistent with the Design Guideline recommendations. Further, the sales trailer is temporary in nature and has been conditioned to be removed from the site prior to the issuance of the building permit for the single-family residence that will be constructed on the site in the future. Based on the aforementioned findings and subject to the following conditions of approval, the project is hereby approved. 7 of 12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 CONDITIONS OF APPROVAL SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on March 8, 2019 at 5:00 pm, 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 application 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. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on December 22, 2016, consisting of 24 sheets including the Civil Plan, Floor Plan, Elevations, Roof Plan and Landscape Plans sheets, all designated as approved by the Planning and Building Director on March 8, 2017, and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall be completed/fulfilled to the satisfaction of the Planning and Building Department: 1. Prior to the issuance of a building permit for the main residence on Lot 7, the applicant shall remove the temporary construction trailer, associated parking lot and landscaping improvements from the property to the satisfaction of the Planning and Building Department. SCB The following conditions shall be completed/fulfilled to the satisfaction of the Encinitas Fire Department: 1. All roadways shall be paved, fire hydrants installed and ready per Olivenhain Municipal Water District (OMWD) signoff as well as No Parking Fire Lane Signs shall be installed prior to allowing sales trailer to be on site. 2. A building permit shall be required for the sales trailer. SCC The following conditions shall be completed/fulfilled to the satisfaction of the Engineering Division: 1. Though temporary, the applicant shall provide stormwater quality treatment and HMP facilities to capture and treat all runoff generated by the proposed temporary sales trailer, parking lot, and associated site improvements. 2. Prior to construction of any site improvements associated with the temporary sales office site, the applicant shall process a construction change to the project's grading plan 6857-G to permit the precise grading, site improvements, and water quality treatment necessary. 8of12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8,2017 3. The applicant shall connect the sales trailer to the public sanitary sewer system and shall pay sewer capacity fees for 1.0 EDU prior to issuance of the building permit for the sales trailer. The capacity fee shall be credited to the new house that will replace the sales trailer. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING 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. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G11 All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Planning and Building Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning and Building Department. 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 building permit issuance/initiating use in reliance on this permit 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. LANDSCAPING 9of12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part Of the building permit application for the project. L2 All required plantings and automated irrigation systems shall be in place prior to use Or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). DESIGN REVIEW DR1 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. B1 BUILDING CONDITIONS): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2 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). Commercial and Multi-residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. 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): 10 of 12 ITEM NAME: ONE OAK TEMPORARY SALES TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8,2017 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 two 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 and shall be provided with an approved paved surface to provide all- weather driving capabilities. 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). 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. 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. F13 ADDRESS NUMBERS: STREET 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: four-inches high with a 1/2-inch stroke width for residential buildings, eight-inches high with a '/2-inch stroke for E commercial and multi-family residential buildings, 12-inches high with a one-inch 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. 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. 11 of 12 ITEM NAME: ONE OAK TEMPORARY SALEs TRAILER PROJECT NUMBER: 16-225 ADR MARCH 8, 2017 DISCLOSURES This notice constitutes a decision of the Planning and Building Department only for the discretionary entitlement. Additional permits, such as Building and Grading Permits, may be required by the Planning and Building Department or other City Departments. It is the property owner's and applicant'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, the decision of the Planning and Building Department may be appealed to the City Council 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5 p.m. on the 15`h 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 action of the Planning and Building Department may not be appealed to the Coastal Commission. SIGNATURE TRy S a'ur lain 12 of 12