1998-065CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 98-65
July 14, 1998
This letter is to inform you that the Director of Community Development has approved your
application for:
98-084 MIN/CDP/EIA (Betty & Clarke Simm) -Minor Use Permit and Coastal
Development Permit to establish two Farm Employee Housing Units (maximum of
1,440 square feet each) on property to be used for a future Single Family Residence
and a Private Stable facility for the keeping of no more than 22 horses on 11 acres for
property located in the. 3900 Block of Manchester Avenue (APN: 262-061-73).
Project Description and Discussion: The applicant has proposed two Farm Employee
Housing Units pursuant to Municipal Code Section 30.48.040.T in association with a future
single family residence and the operation of a Private Stable facility for the keeping of no more
than 22 horses and/or other large animals on an 11 acre parcel of property. Due to
environmental resources located on, and adjacent to, the property, an Environmental Initial
Assessment (EIA) was prepared for the application request. A 30-day review and comment
period for the EIA was noticed and conducted between June 4 and July 6, 1998. The
mitigation measures established by the EIA to reduce environmental impacts to a level below
significant have been included as conditions of approval for this application request and a
Mitigated Negative Declaration is hereby adopted for the project. A standard public
notification was issued and a Community Development Department hearing was conducted on
July 13, 1998, and those individuals who appeared at the hearing in support of, or in opposition
to, the application request were allowed to provide public testimony.
This determination is based upon the following findings, pursuant to Section 30.74.070 and
Chapter 30.80 of the Municipal Code:
FINDINGS FOR
MINOR USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the following
conclusions:
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1. The location, size, design or operating chaacteristics of the proposed project
will be incompatible with or will adversely affect or will be materially
detrimental to adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
a. The inadequacy of public facilities, services and utilities to serve the
proposed project;
b. The unsuitability of the site for the type and intensity of use or
development which is proposed; and
c. The harmful effect, if any, upon environmental quality andnatural
resources of the city;
2. The impacts of the proposed project will adversely affect the policies of the
Encinitas General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies
imposed by the Municipal Code.
Facts: The application request is for the establishment of two Farm Employee
Housing Units in association with the keeping of no more than 22 horses on the 11 acre
property. Standards for Farm Employee Housing Units are established by Municipal
Code Section 30.48.040.T. All required public facilities and utilities are available to
the site in conjunction with the development of the property with a future single family
residence and the Private Stable facility.
Discussion: The location and size of the property is adequate to support the proposed
use as a Private Stable facility in association with the development of a future single
family residence and two Farm Employee Housing Units. Municipal Code Section
30.55.010.D.4 allows for the keeping of a maximum of 22 horses or other large
animals on the 11 acre property by right. Due to environmental resources located on,
and adjacent to, the property, an Environmental Initial Assessment (EIA) was prepared
for the application request. A 30-day review and comment period for the EIA was
noticed and conducted between June 4 and July 6, 1998. The mitigation measures
established by the EIA to reduce environmental impacts to a level below significant
have been included as conditions of approval for this application request. All roadway
improvements, water and sewer service, and other utility extensions are available to be
extended to the site in association with the development of a future single family
residence, the Farm Employee Housing Units, and the Private Stable facility. No
evidence has been submitted to indicate that such a use of the property, as mitigated,
would cause any adverse effects or would be detrimental to any adjacent uses,
residences, or other neighborhood resources. No evidence has been submitted to
indicate that the use would adversely affect the policies of the Encinitas General Plan
or the provisions of the Municipal Code and, with the issuance of the Minor Use
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Permit, the use complies with all other regulations, conditions or policies imposed by
the Municipal Code.
Conclusion: Therefore, the Community Development Department finds that the Minor
Use Permit approval is suitable for the site and compatible with existing residences and
structures within the neighborhood and that all utilities and public facilities are
available to be extended to the site. As mitigated, no adverse environmental impacts
will result from the approval and the approval will not adversely affect the policies of
the Encinitas General Plan or the provisions of the Municipal Code.
FINDINGS FOR
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 Public Hearing, 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 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 application includes a Coastal Development Permit request to allow the
construction of a single family residence and two Farm Employee Housing Units in
association with the establishment of a Private Stable facility for the keeping of no
more than 22 horses on 11 acres. The project site is not located within a Specific Plan
area. The subject property is located within the City's Coastal Zone and approximately
100 feet of the southeast portion of the site is located within the California Coastal
Commission's Appeal Zone. Upon adoption of the City's Local Coastal Program, the
City was authorized to issue Coastal Development Permits effective May 15, 1995.
Discussion: Related to Finding No. 1, the project is in conformance with the
provisions of the Local Coastal Plan which includes the General Plan and appropriate
chapters of the Municipal Code since no development is proposed to occur within the
Coastal Commission Appeal Zone and a buffer area of approximately 120 feet
separates the proposed building pad area for the future single family residence from the
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limits of the 100-year floodplain. This buffer area will be conserved within an open
space conservation easement to conserve Coastal sage scrub resources on the southern
portion of the property. Related to Finding No. 2, an Environmental Initial Assessment
(EIA) was prepared for the application request. A 30-day review and comment period
for the EIA was noticed and conducted between June 4 and July 6, 1998. The
mitigation measures established by the EIA to reduce environmental impacts to a level
below significant have been included as conditions of approval for this application
request. The Community Development Department, in its independent judgment, finds
that this project, as mitigated, will not impact significantly upon environmental
resources and, therefore, adopts a Mitigated Negative Declaration pursuant to the
California Environmental Quality Act (CEQA) Guidelines. All sensitive habitat on the
property will be protected in perpetuity within conservation easements which will
contribute to the establishment of the proposed Multiple Habitat Conservation Program
(MRCP) for the North San Diego County region. This project will not individually or
cumulatively have an adverse effect on wildlife resources as defined in Section 711.2
of the Fish and Game Code, and, therefore, a Certificate of Fee Exemption shall be
made with De Minimus Impact Findings. Related to Finding No. 3, the subject site is
located on the south side of Manchester Avenue and no public access to coastal
resources or public recreational facilities are currently available. An access easement
to the sewer line and to the wetland resources of the Escondido Creek exists on the
western portion of the property. An adequate wildlife corridor connecting the creek to
the Conservation Land Bank across Manchester Avenue to the north exists within the
150-foot SDG&E easement on the adjacent property to the east. Due to the sensitive
nature of the wetlands resources adjacent to the south of the property within the
Escondido Creek, no condition requiring public access is imposed on the project.
Conclusion: Therefore, the Community Development Department finds that the
project is consistent with the certified Local Coastal Program of the City of Encinitas,
that required finding No. 2 is addressed by the adopted Mitigated Negative Declaration,
and that the providing of public access or recreational facilities is not feasible or
appropriate for a project at this location due to potential impacts to sensitive resources
located to the south of the property within the Escondido Creek watershed.
Environmental Review: As discussed above, an Environmental Initial Assessment (EIA) was
prepared for the application request. A 30-day review and comment period for the EIA was
noticed and conducted between June 4 and July 6, 1998. The mitigation measures established
by the EIA to reduce environmental impacts to a level below significant have been included as
conditions of approval for this application request. The Community Development Department,
in its independent judgment, finds that this project, as mitigated, will not impact significantly
upon environmental resources and, therefore, adopts a Mitigated Negative Declaration
pursuant to the California Environmental Quality Act (CEQA) Guidelines. All sensitive
habitat on the property will be protected in perpetuity within conservation easements which
will contribute to the establishment of the proposed Multiple Habitat Conservation Program
(MRCP) for the North San Diego County region. This project will not individually or
cumulatively have an adverse effect on wildlife resources as defined in Section 711.2 of the
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Fish and Game Code, and, therefore, a Certificate of Fee Exemption shall be made with De
Minimus Impact Findings.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITION S:
SC2 This approval will expire on July 14, 2000 at 5:00 pm, 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 April 14, 1998 consisting of two sheets including: (1)
Preliminary Grading Plan; and (2) Site Plan and Preliminary Landscaping Plan, all
designated as approved by the Community Development Director on July 13, 1998,
and shall not be altered without express authorization by the Community Development
Department.
SCA This Minor Use Permit and Coastal Development Permit shall be reviewed and, if
necessary, modified related to the number of horses approved for the Private Stable
facility should the property be proposed for future subdivision.
SCB Manure generated by the Private Stable facility shall be mixed with wood shavings,
collected and, if temporarily stored, shall be placed on a concrete flooring with raised
redwood plank sides with a waterproof plastic tarpaulin on the top and sides. This
facilitates the loading of the manure/shavings mixture with a front-end loader. The
mixture shall be doused with an evaporative fly inhibitor as needed to prevent
infestation. The shavings/manure mixture may be separated and used for trail and road
mulch as well as mulch for landscape plantings as long as measures are taken to
prevent the mixture from reaching the limits of the 100-year floodplain and the San
Elijo Lagoon beyond. Excess manure shall be dumped at an authorized solid waste
collection facility or shall be collected by a commercial soils company for processing
into a soils additive. Grazing areas and corrals/arenas shall be situated in such a
manner and at such a distance from the 100-year floodplain so as not to allow run-off
of manure into the floodplain to the satisfaction of the City Engineer and the
Community Development Director.
SCC Night lighting of the equestrian recreational areas is prohibited. The Farm Employee
Housing Units shall comply with the regulations established by Municipal Code
Section 30.48.040.T.
SCD The following Mitigation Monitoring and Reporting Program has been established
pursuant to the Environmental Initial Assessment (EIA) for the project which was
prepared by the City's Environmental Consultant for the project, Dudek & Associates.
The mitigation measures shall be implemented during the final design of the project or
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prior to Grading Permit issuance as deemed appropriate by the Community
Development Department. (1) All structures shall be placed at least 100 feet (or
whatever distance is required by the Fire Marshal for an appropriate Fuel Modification
Zone) away from the edge of the on-site Coastal sage scrub (CSS) habitat. Prior to
Grading Permit issuance, the Community Development Department shall review final
grading plans to ensure that the buffer is observed. (2) Prior to the issuance of a
Grading Permit, the two on-site patches of CSS shall be surveyed to provide the legal
basis for their description and designation as private biological open space. The
Community Development Department shall ensure that the CSS is dedicated as private
permanent biological open space with an Irrevocable Offer of Dedication (IOD) to the
City of Encinitas. Said open space shall be recorded as a "Conservation Easement"
through the recordation of a real property covenant, acceptable to the City of Encinitas.
(3) To reduce exterior noise levels to below a level of significance, the Farm Employee
Housing Units shall be located a minimum of 150 feet from the edge of Manchester
Avenue. Prior to the issuance of a Grading Permit, the Community Development
Department shall review the proposed location to ensure that the noise buffer is
observed. Prior to Grading Permit issuance, if acoustic studies are prepared to
demonstrate that the residents of the Farm Employee Housing Units can be provided
adequate noise attenuation devices to reduce noise levels to acceptable limits
established by the Municipal Code (60db exterior noise level and 45db interior noise
level) , this setback may be reduced. (4) All structures shall be placed at least 100 feet
(or whatever distance is required by the Fire Marshal to provide an adequate Fuel
Modification Zone) away from the edge of any on-site riparian habitat. Prior to
Grading Permit issuance, the Community Development Department shall review the
final Grading Plan to ensure that the buffer is observed. If impacts to riparian
vegetation do occur, a Section 1600 Streambed Alteration Agreement from the
California Department of Fish & Game, and possibly an Army Corps of Engineers
Section 404 Permit, shall be obtained.
SCE The applicant has indicated a willingness to work with the San Elijo Lagoon
Conservancy in cooperative effort to have some of the landscaping areas on the site
planted with native species. There are no Municipal Code requirements for the
applicant to plant the native species on a single family residential lot unless required as
a part of a mitigation program pursuant to the California Environmental Quality Act
(CEQA).
G1 STANDARD CONDITIONS :
CONTACT THE COMMUNITY DEVELOPMENT 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.
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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 Community
Development Department'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.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this
grant of approval and shall be of a form and content satisfactory to the Community
Development Director.
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 building 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/CostRecovery Fees, and the applicable Utility Departments or Districts
regarding Water and/or Sewer Fees.
U 1 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.
U2 In the event that any of the conditions of this permit are not satisfied, the Community
Development Department shall cause a noticed hearing to be set before the authorized
agency to determine whether the City of Encinitas should revoke this permit.
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.
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U7 Any future modifications to the approved project will be reviewed relative to the
findings for substantial conformance with a use permit contained in Section 30.74.105
of the Municipal Code. Modifications beyond the scope described therein will require
submittal and approval of an amendment to the use permit by the authorized agency.
B 1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
B2 The applicant shall submit a complete set of construction plans to the Building
Division for plancheck processing. The submittal shall include a Soils/Geotechnical
Report, structural calculations, and State Energy compliance documentation (Title 24).
Construction plans shall include a site plan, a foundation plan, floor and roof framing
plans, floor plan(s), section details, exterior elevations, and materials specifications.
Submitted plans must show compliance with the latest adopted editions of the
California Building Code (The Uniform Building Code with California Amendments,
the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi-
residential construction must also contain details and notes to show compliance with
State disabled accessibility mandates. These comments are preliminary only. A
comprehensive plancheck will be completed prior to permit issuance and additional
technical code requirements may be identified and changes to the originally submitted
plans may be required.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
F3 ACCESS ROADWAY WHEN AUTOMATIC FIRE SPRINKLER SYSTEMS
INSTALLED: A fire access roadway providing access to not more than four (4)
single family dwellings shall not be less than 16 feet in paved width with an
unobstructed vertical clearance of not less than 13 feet 6 inches.
F12 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel
breaks to the satisfaction of the Encinitas Fire Department.
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 height of
the address numbers shall conform to Fire Department Standards.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY:
Where structures are located off a roadway on long driveways, a monument marker
shall be placed at the entrance where the 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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F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS
AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler
system installed to the satisfaction of the Fire Department. Plans for the automatic
fire sprinkler system shall be approved by the Fire Department prior to issuance of
building permits.
WD 1 WATER DISTRICT CONDITIONS:
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
WD2 The District currently has a water easement across the subject property. This easement
must be identified on all site or grading plans submitted for review.
WD3 The approval of any permit or project on the subject property is subject to the
restrictions of the existing water easement. Restrictions include no grade changes or
encroachments allowed without the District's approval.
WD4 The District reserves the right to submit additional conditions once the water easement
or 30-inch pipeline location is accurately delineated.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the
City Council within fifteen (15) calendar days of the date of this determination. 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 property owner's responsibility to obtain all necessary permits required
for the type of project proposed.
If you have any questions regarding this determination, please contact Craig Olson at the
Community Development Department by telephoning (760) 633-2713.
Sandra L. Holder
Community Development Director
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