2001-073 - EGCity of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-73
July 24, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
01-051 CDP (Leucadia County Water District) - A request for a Coastal Development
Permit to allow the construction of a 24" parallel force sewer main within the right-of-way of
La Costa Avenue.
Project Description and Discussion: The Leucadia County Water District proposes to construct a
24" parallel force sewer main within the right-of-way of La Costa Avenue from Interstate 5 to Coast
Highway 101. The project is entirely within the public right-of-way and within District easements.
The project as proposed complies with all applicable components of the Municipal Code. The
project is within the Coastal Zone and the western terminus of the project lies within the Coastal
Appeal Zone. The applicant completed a Community Participation Program to satisfy the
requirements of Municipal Code Chapter 23.06.
A standard public notification was issued for the Coastal Development Permit, which allowed for a
20-day comment period. A Community Development Department administrative hearing was
conducted on July 9, 2001. The applicant's representatives and one member of the public attended
the hearing. The applicant's representatives spent a short time discussing the project with the
interested member of the public. No testimony was given.
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 review period, in order to approve a coastal development permit:
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
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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/Discussion: The City's General Plan and Municipal Code are applicable components of the
City's Local Coastal Plan. The project consists of the construction of a 24" parallel force sewer
main in the La Costa Avenue right-of-way from Interstate 5 to Coast Highway 101. No aspect of
the project has been identified which could have an adverse impact on coastal resources or any
natural resources.
Conclusion: Since the project complies with all applicable provisions of the City's Municipal Code,
the Community Development Department finds that the project is consistent with the certified Local
Coastal Program of the City of Encinitas. Required finding #2 is not applicable since no significant
adverse impact is associated with the project. Finding #3 is also not applicable since the project
does not involve development between the sea or other body of water and the nearest public road,
and therefore, does not impact public access to coastal resources. No aspect of the project has been
identified which could have an adverse impact on coastal resources or any natural resources. The
approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
Environmental Review: The project is determined to be exempt from environmental review
pursuant to Section 21080.21 of the California Environmental Quality Act, which exempts projects
of less than one mile in length within a public right-of-way for the installation of a new pipeline.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on July 24, 2003, at 5:00 p.m., two years after the approval of this
project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project plans dated
received by the City on February 27, 2001, consisting of 5 sheets including Title Sheet,
General Notes and Abbreviations, and 3 sheets Plan and Profile, all designated as approved
by the Community Development Director on July 24, 2001, and shall not be altered without
express authorization by the Community Development Department.
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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 Commission'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 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
construction permit issuance to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
Development 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.
F 1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
FA Fire Department access shall be maintained at all times throughout the project area,
including all of La Costa Avenue and all side streets and driveways. The applicant shall
coordinate said access with the Fire and Engineering Services Department.
E1 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.
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EA Prior to the start of construction, a traffic control plan shall be submitted to the Engineering
Services Department for review and approval. Construction of the proposed sewer main
shall be coordinated with other construction previously approved for improvement of La
Costa Avenue and Coast Highway 101 to the satisfaction of the City Engineer.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the applicant'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 a $100.00 filing fee, prior to 5:00 p.m. on the 15th calendar day
following the date of this notice of decision. The action of the Community Development
Department in reference to the above item may be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
Sandra Holder
Community Development Director
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