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2007-034City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2007-34 June 20, 2007 This letter is to inform you that the Planning and Building Director has approved your application for: 07-057 CDP (W. E. O'Neil Construction) - An application to allow placement of a construction trailer, a construction staging area, parking area, and construction access entrance on the property adjacent to the south of the site approved for construction of a senior care facility as per Case No. 05-148 MUP/DR/CDP/EIA. The project site is located at 3535 and 3459 Manchester Avenue in the RR-1 (Rural Residential 1) zone. (APN 261-150-45, -64) Project Description and Discussion: The applicant proposes to place a trailer for construction use, a construction staging area, parking area, and construction access entrance during construction of the senior care facility approved as per Case No. 05-148 MUP/DR/CDP/EIA, Resolution No. PC 2006-43, September 7, 2006 as modified by City Council minute action on consideration of an appeal, November 8, 2006. The project is under construction as per grading drawing 386-G and building permit plan check 06-1621 for the project is near permit issuance. Section 30.46.70 of the Municipal Code. provides that construction support operations on or adjacent to a site in conjunction with a major construction project shall be permitted in any zone and Section 30.46.110A4 provides that the temporary use of a trailer coach for a construction project may be permitted on or adjacent to a site on which a construction project is being diligently pursued. The applicant proposes to place on the property adjacent to the approved construction project a 24-foot by 60-foot trailer for construction use, a staging area for assembly and vehicle and equipment staging/storage, parking area for construction employees, and a construction entrance on a temporary basis until construction of the project is completed. The construction entrance will be required to be a minimum width of 16 feet of Class H Base a minimum of six (6) inches deep. Left-turn movements to and from northbound Manchester Avenue will be prohibited and appropriate signage required. All construction parameters and mitigation measures required by the approval of Case No. 05-148 MUP/DR/CDP/EIA and related construction permits shall apply to this approval, including provision of required noise barriers, construction fencing, silt fencing, etc. as therein identified. The trailer and related facilities must be removed immediately on completion of the construction project. 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. PBD\KK\\g:\NOD\07-057cdp.nod - 1 - 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: 1. 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 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 construction trailer, construction staging and parking area, and construction entrance in accordance with Sections 30.46.070 and 30.46.110A4 of the Municipal Code. The project has been determined to be consistent with the Mitigated Negative Declaration prepared and adopted for Case No. 05-148 MUP/DR/CDP/E1A. 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 consistent with the Mitigated Negative Declaration adopted with the approval of Case No. 05-148 MUP/DR/CDP/E1A. 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 consistent with the Mitigated Negative Declaration adopted with the approval of Case No. 05-148 MUP/DR/CDP/EIA; 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: The proposed development is consistent with the Mitigated Negative Declaration (MND) adopted with the approval of Case No. 05-148 MUP/DR/CDP/EIA, Resolution No. PC 2006-43, September 7, 2006 as modified by City Council minute action on consideration of an appeal, November 8, 2006. An addendum to the MND has been prepared. PBD\KK\\g:\NOD\07-057cdp.nod -2- This approval is subject to the following conditions: SCl SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on June 20, 2009 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 April 24, 2007, consisting of four (4) sheets including site plan, trailer floor plan, and two (2) sheets trailer elevation photographs, all designated as approved by the Planning and Building Director on June 20, 2007, and shall not be altered without express authorization by the Planning and Building Department. SCA The proposed improvements shall be constructed in accordance with the City of Encinitas Best Management Practice Manual. Runoff from all proposed roof and hardsurface areas shall be routed to pervious area designated for the treatment of the storm water. The designated areas shall be labeled on the permit site plan as BMP areas. SCB The construction entrance shall be a minimum depth of six (6) inches of Class II Base and shall be a minimum width of 16 feet improved surface. SCC Left-turn movements to and from northbound Manchester Avenue shall be prohibited. Temporary signs (sign R3-2) indicating that left-turns are prohibited shall be installed on Manchester Avenue and at the project construction entrance to the satisfaction of the City Traffic Engineer. SCD Construction parameters and environmental mitigation measures required by the approval of Case No. 05-148 MUP/DR/CDP/EIA, such as, but not limited to, construction fencing, noise barriers, silt fencing, wildlife and habitat protection measures, personnel training, etc., shall apply to the proposed construction staging area, trailer, parking area, and construction entrance. All required fencing and barriers shall be extended along the construction staging/trailer area. SCE The occupancy and use of the construction trailer, staging area, parking area, and construction entrance shall cease upon completion of the construction project. The trailer and all temporary improvements related to the use of the area for construction staging shall be promptly removed on completion of the construction project. PBD\KK\\g:\NOD\07-057cdp.nod -3- 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 use of the project site in reliance on this permit 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. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire Department access roadways, when required, shall be properly identified as per Fire Department standards. 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. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. PBD\KK\\g\N0D\07-057cdp.nod -4- El ENGINEERING CONDITIONS: 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. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Engineering Services Director to properly handle the drainage. 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 Kerry Kusiak at the Planning and Building Department by telephoning (760) 633-2719. atnek Murphy Planning and Building Director PBD\KK\\g:\NOD\07-057cdp.nod -5-