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2007-011City of Encinitas PLANNING & BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2007-11 February 21, 2007 This letter is to inform you that the Planning & Building Department Director has approved your application for: 04-265 CDP (San Dieguito Union High School District) - A Coastal Development Permit for a master plan of modernization and redevelopment of the San Dieguito Academy High School campus located at 800 Santa Fe Drive, and situated within the Public/Semi-Public (P/SP) Zone and the Coastal Zone for the City of Encinitas. (APN 254-280-01 and -03) Project Description and Background: The approximate 36-acre San Dieguito Academy High School campus (the "Academy") has been in existence as an educational facility since it was first constructed 1938 and is distinguished as being the first school within the San Dieguito Union High School District. The Academy is one of eight (8) high school, middle school, and continuation school facilities operated by the School District. The Academy campus consists of educational, administrative, and operational facility buildings supporting a maximum enrollment of approximately 1,450 students. The rectangular-shaped school site is bounded and defined by four (4) roadways - Santa Fe Drive to the south, Melba Road to the North, Nardo Road to the west, and Bonita Drive to the east. The surrounding neighboring land uses are primarily residential. Recent development approvals by the City of Encinitas for the Academy campus include the addition of a 10,625-square foot shipping/receiving warehouse and office building (Case No. 03- 152 DR/CDP; May 6, 2004), and an expansion of the student parking lot from 157 spaces to 304 spaces and demolition of a media center building (Case No. 04-116, May 20, 2004). At this time, the development approval for the warehouse and office building has not been implemented; however the parking lot expansion project has been implemented. Accordingly, the conditions of approval applied to the parking lot project, which are documented under Notice of Decision PBD 2004-59, are effective to the Academy property and any future development there. At the time of application for the parking lot project, and through the preparation of an environmental analysis and the completion of an environmental review process (see Environmental Review below); the School District had disclosed its intention to complete a master plan of campus redevelopment. With that understanding, the City's approval of the parking lot project included certain conditions of approval related to future development at the Academy campus and the School District's fair-share contribution toward off-site public improvements. The subject master plan represents a finalized design concept consistent with the parameters of the School District's environmental analysis as documented by the Final Mitigated Negative G:\NOD\04-265cdp 1 of 5 Declaration (MND) adopted by the School District Board on November 20, 2003. In summary, the Academy campus master plan entails modernization and renewal of 14 buildings (approximately 64,740 square feet) and the addition of six (6) new buildings (approximately 60,816 square feet). Associated improvements focus primarily on improved access ways and circulation areas. The build out of the master plan scope of work is envisioned to be completed within four (4) primary development phases and subject to the availability of funding. As referenced above, the approved master plan of development is subject to the conditions of approval contained within Notice of Decision PBD 2004-59. In addition, as specified within the conditions of approval below, the project is subject to the City's determination of Substantial Conformance with the approved master plan site development plan for each phase of development or each development increment. If any development phase or increment is not found substantially conforming to the development parameters of the master plan as approved by this Coastal Development Permit, then a new or amended Coastal Development Permit may be required. Lastly, the build out of the master plan is subject to conformance with the applicable local development standards as implemented under the City's certified Local Coastal Program. The School District has conducted several neighborhood meetings regarding the Academy campus master plan dating back to on September I01h and 29th of 2003. More recently, a neighborhood meeting was conducted on November 13, 2006, which included City staff and School District representatives to address questions and concerns regarding the master plan project. The neighborhood meetings were preceded by public notices in accordance with the requirements of Chapter 23.06 of the Municipal Code for the conduct of a Citizen's Participation Program (CPP). This approval is based on 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 and during the Public Hearing, in order to approve a coastal development 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 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 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 subject master plan for the San Dieguito Academy campus entails modernization and renewal of 14 buildings (approximately 64,740 square feet) and the G:\NOD\04-265cdp 2 of 5 addition of six (6) new buildings (approximately 60,816 square feet). Associated improvements focus primarily on improved access ways and circulation areas. The build out of the master plan scope of work is envisioned to be completed within four (4) primary development phases and subject to the availability of funding. Discussion: Related to finding No. 1, the approved project complies with the applicable development standards and development criteria of the City's Municipal Codes, as well as the goals and policies of the General Plan; which are the implementing measures of the City's Local Coastal Program. Related to finding No. 2, the San Dieguito Union High School District, as the "Lead Agency" for the project, adopted a Final Mitigated Negative Declaration (MND) on November 20, 2003. The adopted Final MND includes a Mitigation Monitoring and Reporting Program (MMRP) to implement the mitigation measures identified within the Final MND. With the implementation of the MMRP, any potentially significant impacts from the project will be reduced to a level of insignificance. Related to finding No. 3, the subject site is not located between the sea, or other body of water, and a public road. Conclusion: The Planning & Building Department finds that 1) the proposed improvements are consistent with the certified Local Coastal Program of the City of Encinitas; 2) there are no potentially significant adverse impacts to the environment that are not mitigated by the project design or mitigation measure specified within the Final Mitigated Negative Declaration; and 3) the proposed project is in conformance with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act since the project will have no effect on existing or proposed public access or recreation policies of Section 30200 of the Coastal Act. Environmental Review: Under the provisions of the California Environmental Quality Act (CEQA), the San Dieguito Union High School District assumed lead agency responsibility for conducting an environmental review for this project. A Draft Mitigated Negative Declaration (MND) was prepared by the School District and was circulated and made available for public review and comment during period from September 8, 2003 through October 8, 2003. At its board meeting on November 20, 2003, the School District Board adopted the Final Mitigated Negative . Declaration with a determination that, with the incorporation of specific mitigation measures, the project would have no significant'effects upon 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 February 21, 2009 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 good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration G:\NOD\04-265cdp 3 of 5 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 master plan project drawings stamped received by the City on November 9, 2004, all designated as approved by the Planning and Building Director on February 21, 2007, and shall not be altered without express authorization by the Planning and Building Department. SCA This project approval is subject to the conditions of approval contained within the City of Encinitas Notice of Decision PBD 2004-59, dated May 20, 2004. SCB In accordance with the provisions of Municipal Code Section 30.80.130, this Coastal Development Permit approval is subject to the City's determination of Substantial Conformance with the approved master plan site development plan for each phase of development or each development increment. Plans for each of the future buildings and related improvements shall be provided to and be reviewed by the City for conformance with the approved master plan in terms of location, square footage, and the like. If any such development is not found substantially conforming to the development parameters of the master plan as approved by this Coastal Development Permit, then a new or amended Coastal Development Permit may be required. 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. This notice constitutes a decision of the Planning and Building Department only. Additional permits, including Building Permits, may be required by the Building Division 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 15th calendar day following the date of this notice of decision. G:\NOD\04-265cdp 4 of 5 If you have any questions regarding this determination, please contact Gene Ybarra at the Planning and Building Department by telephoning (760) 633-2698. ~-t P ck Murphy Planning and Building Director G:\NOD\04-265cdp 5 of 5