2006-101City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD 2006-101
November 28, 2006
This letter is to inform you that the Planning and Building Director has approved your application
for:
06-183 CDP (Barratt American) - A request for Coastal Development Permit to allow the
placement of a temporary sales trailer and related signage located at 590 Encinitas
Boulevard. The property is located in the OP (Office Professional) zone and within the
Coastal Zone. (APN 258-130-81)
Project Description and Discussion: The applicant proposes to place a temporary sales trailer
and related signage at 590 Encinitas Boulevard. Section 30.46.110A4 of the Municipal Code
provides that the temporary use of a trailer coach for sales may be permitted on a lot or parcel of
land adjacent to or within a proposed subdivision. The proposed 24-foot by 60-foot trailer and
associated signage will be placed on parcel 259-130-81 on a temporary basis. The site has two
(2) existing structures, which will be demolished. The existing AC pavement and access
driveways shall remain. A small parking area with eight (8) parking spaces, AC pavement
walkways, and ramps to the trailer will be provided. Two (2) portable restrooms will be placed
adjacent to the trailer. The trailer and related signage must be removed upon sale of the final lot
of 03-104 TM. Since the subject property is located within the Coastal Zone, issuance of a
regular Coastal Development Permit is required.
A standard public notice, which allowed for a 10-calendar day review and comment period, was
published and mailed for the project. No comments were received.
This approval is based upon 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, in order to approve a Coastal Development Permit:
The project is consistent with the certified Local Coastal Program of the City of Encinitas;
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
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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 City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Program. The project consists of a temporary real estate sales trailer in
accordance with Section 30.46.110A7 of the Municipal Code. The project has been
determined to be exempt from environmental review as per Section 15061(a)(3) of the
California Environmental Quality Act (CEQA) Guidelines.
Discussion: Related to finding No. 1, the project complies with or is conditioned to comply
with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, no
potentially significant adverse impacts to the environment are associated with the proposed
project, and the project is exempt from environmental review pursuant to Section
15061(a)(3) of the California Environmental Quality Act (CEQA) Guidelines. Finding No.
3 is inapplicable since the project is not located between the sea or other body of water and
the nearest public road.
Conclusion: The Planning and Building Department finds that 1) the project is consistent
with the certified Local Coastal Program of the City of Encinitas; 2) no potentially
significant adverse impacts to the environment will result since the project is exempt from
environmental review as per Section 15061(a)(3) of the CEQA Guidelines; and 3) finding
No. 3 is not applicable to the project since it is not located between the sea or other body of
water and the nearest public road.
Environmental Review: Exempt from environmental review pursuant to Section 15061(a)(3) of
the CEQA Guidelines, which exempts projects from environmental review where it can be seen
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on November 28, 2008 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 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 October 19, 2006, consisting of 11 sheets including site
plan and floor plan/elevations, and 16 sheets including structural details, all designated as
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approved by the Planning and Building Director on November 28, 2006, and shall not be
altered without express authorization by the Planning and Building Department.
SCA The applicant shall provide positive drainage away from the proposed temporary portable
restrooms in order to prevent pollution of storm water runoff to the satisfaction of the
Engineering Services Department.
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 specifically waived herein.
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 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.
F 1 * FIRE CONDITION:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION:
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The numbers shall
contrast with their background, and shall be no less in height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
E1 ENGINEERING:
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.
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EG1 Grading Conditions
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm water pollution control, and on-site pavement.
ED 1 Drainage Conditions
ED5 The owner shall pay the current local drainage area fee prior to issuance of the building
permit 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.
ES 1 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.
Engineering Special Conditions:
1. For storm water pollution control, the runoff from the proposed paved areas and trailer roof
shall be routed to a non-erosive pervious surface prior to discharge from the private property.
This notice constitutes a decision of the Planning and Building Department only. Additional
permits, including Building Permits, may be- required by the Planning and 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. by the 15th calendar day
following the date of this notice of decision. The action of the Planning Department in reference to
the above item may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Laurie Tremor at the Planning
and Building Department by telephoning (760) 633-2717.
Patrick M rphy
Planning and Building Director
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