Coastal Commission Denies Application of Encinitas Home Owners Right to Rebuild Home. Applicant Andre Hurst Files Complaint

According to Hurst, the proposed project requested for a Coastal Development Permit to authorize the demolition of an existing single-family residence and the construction of a new single-family residence. The subject lot is located within the R-11 Zone, ER/OS/PK Zone, Coastal Bluff Overlay Zone, Floodplain Overlay Zone and within the appeal jurisdiction of the Coastal Commission within the Coastal Zone.

According to Andre Hurst and Attorney, the proposed project is in conformance with the General Plan, Chapters 30.16 (Residential Zone), Chapter 30.76 (Non-Conformities), 30.34 (Special Study Overlay Zone) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code. The project meets all of the applicable development standards for the R-11 Zone including setbacks, lot coverage, floor area ratio and building height, and the off-street parking requirements related to the non-conformity regulations. Additionally, the project complies with all Coastal Bluff Overlay Zone regulations (EMC Section 30.34.020). This project is proposed as a custom single-family residence and is not subject to Design Review.

In a 12-0 vote on March 7, the project was denied based on the Coastal Commission believe that the Encinitas Planning Commission did not interpret their LCP properly.

Link to the Coastal Commission Hearing 

https://cal-span.org/unipage/?site=cal-span&owner=CCC&date=2019-03-07