2008-067CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2008-67
November 26, 2008
This letter is to inform you that the Director of Planning and Building has approved your application
for:
07-109 CDP (Infrastructure Engineering Corporation (IEC)/Leucadia Wastewater District
(LWWD)) - A Coastal Development Permit (CDP) for the replacement of an existing gravity
sewer within the City of Encinitas. Although the project is within the Cities of Encinitas and
Carlsbad, this CDP will only permit the portion of the project within the City of Encinitas. The
gravity sewer will begin in Encinitas at the intersection of La Costa Avenue and Coast Highway
101 and head north approximately 900 feet towards the Batiquitos Pump Station located within
the City of Carlsbad. The project is located entirely within the public right-of-way at the
intersection of La Costa Avenue and Coast Highway 101 of the Community of Leucadia, and the
Coastal Zone of the City of Encinitas.
Project Description and Discussion: A Coastal Development Permit (CDP) for the replacement
of an existing gravity sewer within the City of Encinitas. Although the project is within the
Cities of Encinitas and Carlsbad, this CDP will only permit the portion of the project within the
City of Encinitas. The gravity sewer will begin in Encinitas at the intersection of La Costa
Avenue and Coast Highway 101 and head north approximately 900 feet towards the Batiquitos
Pump Station located within the City of Carlsbad. The project is located entirely within the
public right-of-way at the intersection of La Costa Avenue and Coast Highway 101 of the
Community of Leucadia, and the Coastal Zone of the City of Encinitas.
As a high priority project for LWWD, the Batiquitos Gravity Sewer project will consist of a
installing a new 21-inch PVC pipeline which replaces an existing 18-inch pipeline that starts just east
of the intersection of La Costa Avenue and Coast Highway 101 in Encinitas. From that point, the
pipeline will then head north approximately 900 feet into the City of Carlsbad and turn east into the
Batiquitos Pump station. The section of the project not in Encinitas will be permitted by the City of
Carlsbad under a separate Coastal Development Permit. The pipeline flows from south to north,
crossing under existing utilities and beneath Coast Highway 101 before reaching the connection
location. Construction will consist of standard open-cut trench work.
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 at the Leucadia
Wastewater District Office. Meeting attendees included two (2) members of District staff and 2
members of IEC, the engineering consultant. Two phone calls were received.
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The first phone call inquired if (1) the pump station (within the City of Carlsbad) would be
replaced; (2) whether the project would emit odor given the odor complaints she has made; and
(3) if the scheduled work would conflict with her family's planned home remodel. The applicant
responded that (1) the pump station would not be replaced as part of this project; (2) since the
pump station is not include as part of this project, replacement of the gravity sewer may not
improve odor issues, if any; and (3) the project is planned to begin construction in 2009, which is
far after the completion of the planned home remodel in 2007.
The second phone call left a voicemail but no contact information. The applicant made all
efforts to contact the person via public records but was not successful.
A standard 10-day public notification was issued for the Coastal Development Permit to all
property owners and tenants within 500-feet of the project site were notified. Staff received two
phone calls from property owners immediately adjacent to the project site. While one did not
return staff's return call to them, the other inquired whether they would need to make a
contribution to replacement gravity sewer. Staff replied that the project is a priority capital
project for the Leucadia Wastewater District which is completely within the responsibility of the
district.
An Administrative Hearing was held on Monday, November 24, 2008 at 5:00 p.m. in the Lilac
Room of the Planning and Building Department. Staff, LWWD staff and their consultant were
in attendance. No comments were received as there were no other attendees.
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, 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 Batiquitos Gravity Sewer project will
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consist of a constructing anew 21-inch PVC pipeline which replaces an existing 18-inch pipeline just
east of the intersection of La Costa Avenue and Coast Highway 101 in Encinitas. The pipeline will
then head north approximately 900 feet into the City of Carlsbad and turn east into the Batiquitos
Pump station. The section of the project not in Encinitas will be permitted by the City of Carlsbad
under a separate Coastal Development Permit. The pipeline flows from south to north, crossing
under existing utilities and beneath Coast Highway 101 before reaching the connection location.
Construction will consist of standard open-cut trench work.
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.
Environmental Review: The project is found to be exempt from environmental review pursuant
to Section 15282(k) and 15302(c) of the California Environmental Quality Act (CEQA)
Guidelines. Section 15282(k) exempts the installation of new pipeline or maintenance, repair,
restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the
Public Resources Code, as long as the project does not exceed one mile in length. Section
15302(c) exempts the replacement or reconstruction of existing utility systems and/or facilities
involving negligible or no expansion of capacity.
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 26, 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
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 November 12, 2008,
consisting of six (6) sheets including - Title Sheet and Legend (Sheet 1); General
Notes (Sheet 2); Abbreviations, Legend and Manhole GIS Table (Sheet 3); Plan
and Profile (Sheets 4 and 5); Civil Details (Sheet 6); all designated as approved by
the Planning and Building Director on November 26, 2008 and shall not be
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altered without express authorization by the Community Development
Department.
SCA 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.
SCB Prior to construction, the applicant shall pothole as necessary to the satisfaction of
the Engineering Department to establish the locations of the existing underground
utilities.
SCC The applicant shall prepare an improvement plan for review and approval by the
Engineering Services Department prior to the issuance of a permit to work within
the public right-of-way.
SCD The applicant shall prepare a traffic control plan for review and approval by the
City Traffic Engineering Department prior issuance of any permit for work within
the public right-of-way.
SCE Identify any main electrical shut-offs to equipment to the satisfaction of the Fire
Department.
SCF The Leucadia Wastewater District will be required to show all existing and
proposed water facilities on improvement plan and submit the plan for San
Dieguito Water District (SDWD) review and approval.
SCG The Leucadia Wastewater District is require to comply with the San Dieguito
Water District's fees, chargers, rules and regulations with respect to the protection
of existing SDWD facilities.
SCH Pursuant to EMC 9.32.410 (Construction Equipment), the applicant shall take all
measures to ensure the lawful operation of construction equipment to the satisfaction
of the Planning and Building Department.
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
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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.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning
and Building Department.
G14 A plan shall be submitted for approval by the Planning and Building Department,
the Engineering Services Department, and the Fire Department regarding the
security treatment of the site during the construction phase, the on- and off-site
circulation and parking of construction workers' vehicles, and any heavy equipment
needed for the construction of the project.
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.
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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways
shall be a minimum of 24 feet in width during construction and shall be
maintained clear, including the parking of vehicles, in accordance with the
Uniform Fire Code and the Encinitas Fire Department.
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
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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. 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.
Pat Vck Murphy
Planning and Building Director
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