2004-111 - EG
CITY OF ENCINIT AS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2004-111
November 30, 2004
This letter is to inform you that the Planning and Building Director has approved your application
for the following Administrative Permit for property located in the City ofEncinitas:
04-214 CDP (Applicant: San Elijo Lagoon Conservancy) - Coastal Development Permit request
to implement a program for the restoration of Riparian/Wetland Habitat within the Carlsbad
Hydrologic Unit, which encompasses properties within the City of Encinitas.
Project Description and Discussion: The project consists of a program to control invasive non-
native plants within riparian and wetland corridors in the City of Encinitas. Primary vegetation that
will be targeted includes Arundo donax, Tamarsk spp., and Cortaderia sp. located in the riparian
and adjacent upland habitat (targeted in the Carlsbad Hydrologic Unit) to increase the native habitat
function as well as potentially improve water quality. Foliar spraying and cut stump treatments of
herbicides will be used by a licensed applicator and no native materials will be destroyed.
According to the applicant, breeding season avoidance will be complied with during all of these
activities.
A standard public notifIcation was issued for the project, with no letters of concern received from
any citizens. Because selected properties in the program area lie within the California Coastal
Commission's appeal zone, a Planning Department Administrative Hearing was conducted on
November 22,2004. No members of the public were in attendance except for the project applicant.
Municipal Code Section 30.80 permits development activities in the coastal zone provided the
following fIndings can be made:
Coastal DeveloDment 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 21000 and following 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 fIllding that such development is in conformity with the public access
and public recreation policies of Section 30200 et seq. of the Coastal Act.
cm/g:NOD/04214cdppbd
Conclusion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. No aspect of the project has been identifIed which could have an adverse impact on
coastal resources or any natural resources. The project will comply with the applicable development
standards as per the Encinitas Municipal Code and the goals and policies contained in the General Plan.
Since the project complies with all applicable provisions of the City's Municipal Code and General Plan,
the Planning and Building Department fIllds that the project is consistent with the certified Local Coastal
Program of the City of Encinitas, and that required fInding #2 is not applicable since no significant
adverse environmental impact is associated with the project. Regarding Finding #3, existing public
access areas/opportunities and public recreation activities within the City of Encinitas will not be
impacted by the implementation of this program located in the Carlsbad Hydrologic Unit, and, will
therefore be compliant with the policies of Section 30200 et. Seq. of the Coastal Act.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
California Environmental Ouality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15304(d)
Minor Alterations to Land..
This approval is subject to the following conditions:
G 1 STANDARD CONDITIONS:
CONTACT THE PLANNING 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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be fIled with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District offIce.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations.
cm/g:NOD/04214cdppbd
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on November 30,2006, at 5:00 P.M., 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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
FA The Encinitas Fire Department will have 100% control of any plantings within 100' of
structures.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EA If any work is proposed by the Conservancy that requires the moving of dirt, grubbing,
and/or removal of vegetation that provides or acts as erosion control groundcover, the
applicant shall submit a plan and work specifIcs that would allow the Engineering
Services Department to review and comment.
PI PARKS AND RECREATION DEPARTMENT CONDITIONS:
CONTACT THE PARKS AND RECREATION DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING €ONDITION(S):
P A The applicant shall get permission from the Director of Parks and Recreation prior to
utilizing any City trails for project access or staging.
In accordance with the provisions of Municipal Code Chapter 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 a $100.00 fIling fee, prior to 6:00 P.M. on the 15th calendar day
following the date of this notice of decision. This notice constitutes a decision of the Planning
Department only. It is the applicant's responsibility to obtain all necessary permits required for the
type of project proposed. This decision is appealable to the California Coastal Commission.
If you have any questions regarding this determination, please contact the Planning Department by
telephoning (760) 633-2710.
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Patrick urphy,
Planning and Building Director
cmlg:NOD/04214cdppbd