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.
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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.
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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.
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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.
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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
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