2008-051CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2008-51
August 11, 2008
This letter is to inform you that the Director of Planning and Building has approved your application
for:
07-159 CDP (City of Encinitas) - A Coastal Development Permit for an "as-built" project
including: emergency repair work to B Street, the north and south banks of Cottonwood Creek
and the addition of a pathway and tables with benches in an existing public park, and authority to
make additional repairs as needed to the area in the future at 152 B Street in the D-MBP
(Downtown Encinitas Specific Plan - Moonlight Beach Park) - Ecological Resource/Open
Space/Park Zone and the Coastal Appeal Zone. (APN 258-054-01).
Project Description and Discussion: The San Diego Coastal State Park System General Plan
(Adopted in July of 1984) was adopted to maintain nine-(9) coastal beach units of the San Diego
Coastal State Park System within San Diego County. Volume 5 contained within the document is
for Moonlight State Beach, within the City of Encinitas. Moonlight State Beach is on the Pacific
Ocean at the western terminus of Cottonwood Creek. Moonlight Beach is about 12.7 acres in area,
with about 1,900 lineal feet of ocean frontage. The Beach and adjoining creek consist of 10 separate
parcels extending back from the ocean for several blocks to South Coast Highway 101.
The Moonlight Beach property is owned by the State of California. The State Department of Parks
and Recreation has entered into an Operating Agreement with the City of Encinitas, which authorizes
the City to develop, operate, control and maintain Moonlight Beach.
Part of Moonlight Beach, the project site is an existing public park and drainage channel at the
southwest corner of 3rd Street and B Street. The drainage channel repairs were made on B Street, and
the north and south sides of the drainage channel. No water was diverted during the repair work.
Repair of asphalt settlement damage and resultant cracking occurring along the south side of B Street
between Third Street and Moonlight Beach were completed. A further investigation resulted in the
discovery of the undermining of the concrete slab defining generally the northern bank of
Cottonwood Creek. A field comparison of the drainage channel plans (1985) and the site revealed
that the channel was not built accordingly to those plans. Forecasted rain and potential for an
immediate sewer break (beneath the road where the road asphalt had cracked) which could empty
effluent into Cottonwood Creek necessitated immediate repair work. Repair work of the northern
bank included protecting the sewer pipe beneath the road, and removal of approximately 90 cubic
yards of silt, sand and debris that had accumulated within Cottonwood Creek.
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On the south side of the drainage channel, a 24-foot long, two tiered gabion-lined wall segment of
the southern bank immediately west of the box culvert under Third Street collapsed into Cottonwood
Creek on February 6, 2007. A 30-foot long, three-tiered gabion wall system was built in the same
location to replace the failed wall.
Additionally, an existing walkway and picnic tables located at the western end of the project site are
included with this permit. The emergency repair work is at the level of the right-of-way, within a
drainage channel or consists of a fence, picnic benches and tables. The City of Encinitas has added
play equipment to the beach in accordance with 98-036 CDP. Other permits associated with
Moonlight Beach include both 07-083 CDP and 01-156 for sand replenishment; 04-044 CDP for
slope revegetation; and 04-084 CDP for a pump station.
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter
23.06 of the Municipal Code. A public meeting was held on January 23, 2008 with no attendees
except for the applicant. Three responses were received: two (2) phone calls and one (1) email.
The first phone call expressed support and notified staff of further slippage of the creek bank in
another area. Staff responded by requesting authority for future repairs and maintenance of the
drainage channel as part of this CDP. The second phone call inquired about adding additional
outfall pipes. Staff advised that any outfall pipes work would not occur now but is recognized as
future work as a Capital Improvements Project. The third - an email - expressed concerns about
existing trees and whether more were needed. Staff advised that trees were planted to replace
those that had been removed for the repairs completed.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a 20-day comment period. All property owners and tenants within 500-feet of the
project site were notified. No comments were received.
An Administrative Hearing was held on Monday, July 21, 2008 at 5:00 p.m., held in the
Planning and Building Department, Lilac Room. Staff (also as the applicant) was in attendance.
No comments were received as there were no other attendees.
This approval is based on the following findings:
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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;
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 City's General Plan, Municipal Code and Downtown Encinitas Specific Plan are
applicable components of the City's Local Coastal Plan. The project consisted of emergency repair
work to B Street, the north and south banks of Cottonwood Creek and the addition of a pathway
and tables with benches in an existing public park, and authority to make additional repairs as
needed to the area in the future. The project site is located within the D-MBP (Downtown Encinitas
Specific Plan - Moonlight Beach Park) - Ecological Resource/ Open Space/ Park Zone.
Conclusion: Since the project complies with all applicable provisions of the City's General Plan,
Municipal Code and the Downtown Encinitas Specific Plan, the Planning and Building Department
finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas.
With regard to finding #2, no aspect of the project has been identified which could have an adverse
impact on coastal resources or any natural resources, the project will not result in any adverse impact
to the environment, and therefore, there is no alternative that would lessen the projects impacts.
Regarding finding #3, the project is located between the sea and the nearest public road; however, as
conditioned, the project will not impact public access or public recreational use of the- site, and
therefore is consistent 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.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on August 11, 2010 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
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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, project
abstract and project drawings dated received by the City on June 12, 2008,
consisting of 2 sheets including site plan and relevant cross sections (Sheets 1 and
2), all designated as approved by the Planning and Building Director on August
11, 2008 and shall not be altered without express authorization by the Community
Development Department.
SCA A landscape plan shall be submitted as part of the building permit application for
the project to the satisfaction of the Planning & Building Department. The plant
palette shall consist of native plants. Plantings in or near the wetland area shall
consist of native wetland species. Plantings shall screen the proposed facility and
the existing structures but shall be of lower-growing varieties that will not affect
existing views through the site.
SCB The applicant shall obtain all necessary permits from the U.S. Army Corps of
Engineers and California Department of Fish and Game prior to the issuance of any
building or grading permits. Should the agencies determine that the project is
exempt from permitting requirements; the applicant shall provide verification of
exemption prior to issuance of any building or grading permits.
SCC Any future modifications to the approved project will be reviewed for substantial
conformance with the approved Coastal Development Permit (CDP) in accordance
with the provisions of Section 30.80.130 of the Municipal Code. Modifications
beyond the scope described therein will require submittal of an amendment to the
CDP and approval(s) by the affected and authorized agencies.
SCD All required plantings and automated irrigation systems shall be in place prior to
final. All required plantings and automated irrigation systems shall be maintained in
good condition, and whenever necessary, shall be replaced with new materials to
ensure continued compliance with applicable landscaping, buffering, and screening
requirements. All landscaping and irrigation systems shall be maintained in a
manner that will not depreciate adjacent property values and otherwise adversely
affect adjacent properties. All irrigation lines shall be installed and maintained
underground (except drip irrigation systems).
SCE The maintenance area as part of Case No. 07-159 CDP is not to exceed the existing
improvements within the 335-foot Cottonwood Creek Strom drain channel
infrastructure at the southwest corner of Third Street and B Street, and the public
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right-of-way of Third Street and B Street adjacent to the said Cottonwood Creek
storm drain channel.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT 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 and Building Director'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 in effect at the time.of
Grading Permit issuance unless specifically waived herein.
ED1 Draina$je 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 project site, and all surface waters that may flow onto the project site from
adjacent lands, shall be required. Said drainage system shall include any easements
and structures required by the Engineering Services Director to properly handle the
drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance of the
grading and/ or 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.
U1 At all times during the effective period of this permit, the responsible party shall
obtain and maintain in valid force and effect, each and every license and permit
required by a governmental agency for the operation of the authorized activity.
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U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing,
the City of Encinitas, acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that which is specifically described in this permit.
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 15t' calendar day following the date
of this notice of decision. 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 and Building
Director's decision must be filed with the Coastal Commission within 10-calendar days following
the Coastal Commission's receipt of the Notice of Final Action.
If you have any questions regarding this determination, please contact J. Alfred Dichoso at the Planning
and Building Department by telephoning (760) 633-2681.
atrick Murphy
Planning and Building Director
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