2002-106City of Encinitas
CONIMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2002-106
December 24, 2002
This letter is to inform you that the Director of Community Development has approved your
application for:
02-167 EXT/CDP (Caritas Company/Paul Ecke Ranch) - A request for an Extension of
Time of Resolution No. 2002-72 (August 30, 2000; Case No. 99-160 MUP/DR/CDP/EIA),
which approved the phased construction of an agriculturaUbiological research facility. The
subject property is located at 441 Saxony Road in the AG (Agricultural) zone of the
Encinitas Ranch Specific Plan and within the Coastal Zone. (APN 256-330-41)
Project Description and Discussion: The applicant requests approval of an Extension of Time
of Resolution No. 2002-72 (August 30, 2000; Case No. 99-160 MUP/DR/CDP/EIA), which
approved the phased construction of an agricultural/biological research facility. The applicant
requests additional time to complete negotiations with potential tenants prior to commencing
construction. The applicant requested the extension in writing and submitted the proper
application and supplemental materials on August 13, 2002, prior to the expiration date of the
approval. No changes to the project are proposed.
Municipal Code Section 23.08.160B allows the Community Development Director to grant
reasonable extensions, to a total of two (2) years, of the expiration of a design review approval
and Municipal Code Section 30.74.120B allows the Community Development Director to grant
reasonable extensions, to a total of two (2) years, of the expiration of a use permit approval, both
provided that no change in City policies has occurred which would be in conflict with the
project. Section 30.80.164 allows the Director to grant extensions of time, not to exceed a total
of two (2) years, of the expiration date of a coastal development permit provided that there are no
changed circumstances which would affect the development's consistency with the certified
Local Coastal Program. No changes in City policy have occurred that would be in conflict with
the project, and there are no changed circumstances which would affect the development's
consistency with the certified Local Coastal Program. Many trees along Saxony Road that had
been considered to provide screening for the project were removed due to disease. The applicant
and the City have reached agreement as to replacement of the trees and are working
cooperatively toward replanting. The City will choose, plant and maintain the trees. The
applicant will reimburse the City for costs incurred.
A standard public notice was issued for the project, which allowed fora 20-day comment and
review period. Two e-mails were received from Matthew Walker expressing opposition to
extension of the original approval. Mr. Walker raises several issues, including insufficient
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environmental analysis, whether the project qualifies as an agricultural use, improvements
associated with the project, economic feasibility of the proposed use, and City Council member
changes since approval of the project. Environmental, use and improvement issues were
addressed in the original approval. Economic feasibility and City Council changes are not
pertinent to consideration of the extension request. None of the issues raised would constitute or
indicate a change in City policies or changed circumstances that would affect the development's
consistency with the City's certified Local Coastal Program.
This approval will extend the expiration date of the major use permit, design review and coastal
development permit approved on August 30, 2000 by Resolution No. 2000-72, Case No. 99-160
MUP/DR/CDP/EIA by two years, to August 30, 2004. All conditions of Resolution No. 2000-72
will remain in full force and effect. No further extensions maybe granted.
This approval is based on the following findings:
FINDINGS FOR EXTENSION OF A DESIGN REVIEW
STANDARD: Section 23.08.160B of the Municipal Code provides that the Director of
Community Development, upon application received prior to the expiration of a design review
approval, may grant reasonable extensions of the approval of up to a total of two years provided
that no change in City policies has occurred that would be in conflict with the project.
Facts/Discussion: The applicant requests approval of an Extension of Time of Resolution No.
2002-72 (August 30, 2000; Case No. 99-160 MUP/DR/CDP/EIA), which approved the phased
construction of an agriculturaUbiological research facility. The applicant requests additional time
to complete negotiations with potential tenants prior to commencing construction. The applicant
requested the extension in writing and submitted the proper application and supplemental
materials on August 13, 2002, prior to the expiration date of the approval. No changes to the
project are proposed. No changes in City policy have occurred that would conflict with the
project. This approval will extend the design review approval to August 30, 2004.
Conclusion: The Community Development Department finds that the extension request is
reasonable, was filed within the time period specified, and that no change in City policies has
occurred that would be in conflict with the project.
FINDINGS FOR EXTENSION OF A USE PERMIT
STANDARD: Section 30.74.120B of the Municipal Code provides that the Director of
Community Development, upon application received prior to the expiration of a use permit
approval, may grant reasonable extensions of the approval of up to a total of two years provided
that no change in City policies has occurred that would be in conflict with the project.
Facts/Discussion: The applicant requests approval of an Extension of Time of Resolution No.
2002-72 (August 30, 2000; Case No. 99-160 MUP/DR/CDP/EIA), which approved the phased
construction of an agriculturaUbiological research facility. The applicant requests additional time
to complete negotiations with potential tenants prior to commencing construction. The applicant
requested the extension in writing and submitted the proper application and supplemental
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materials on August 13, 2002, prior to the expiration date of the approval. No changes to the
project are proposed. No changes in City policy have occurred that would conflict with the
project. This approval will extend the use permit approval to August 30, 2004.
Conclusion: The Community Development Department finds that the extension request is
reasonable, was filed within the time period specified, and that no changes in City policy have
occurred that would conflict with the project.
FINDINGS FOR EXTENSION OF A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.164 of the Municipal Code provides that the Director of
Community Development, upon application and good cause having been shown, may grant
reasonable extensions of up to a total of two years for a Coastal Development Permit if the
Director finds that there are no changed circumstances that would affect the development's
consistency with the certified Local Coastal Program.
Facts/Discussion: The applicant requests approval of an Extension of Time of Resolution No.
2002-72 (August 30, 2000; Case No. 99-160 MUP/DR/CDP/EIA), which approved the phased
construction of an agriculturaUbiological research facility. The applicant requests additional time
to complete negotiations with potential tenants prior to commencing construction. The applicant
requested the extension in writing and submitted the proper application and supplemental
materials on August 13, 2002, prior to the expiration date of the approval. No changes to the
project are proposed. No changes in City policy have occurred that would conflict with the
project and there are no changed circumstances that would affect the development's consistency
with the certified Local Coastal Program. This approval will extend the Coastal Development
Permit approval to August 30, 2004.
Conclusion: The Community Development Department finds that there is good cause for the
extension request, which was filed within the time period specified, and that no changed
circumstances exist that would affect the development's consistency with the certified Local
Coastal Program.
Environmental Review: The project as proposed is unchanged from that originally approved and
is consistent with the Mitigated Negative Declaration approved with the adoption of Resolution No.
2000-72, August 30, 2000, Case No. 99-160 MUP/DR/CDP/EIA.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SCA This approval will extend the expiration date of the major use permit, design review and
coastal development permit approved on August 30, 2000 by Resolution No. 2000-72, Case
No. 99-160 MUP/DR/CDP/EIA by two years, to August 30, 2004.
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SCB This time extension is approved as submitted and evidenced by the written extension
request application dated received by the City on August 13, 2002.
SCC All conditions of Resolution No. 2000-72, August 30, 2000, Case No. 99-160
MUP/DR/CDP/EIA will remain in full force and effect.
Gl STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval maybe 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.
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.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed
to the City Council within fifteen (15) 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 15r'' calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
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Patric Murphy
Community Development Director
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