2009-26
City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2009-26
July 21, 2009
This letter is to inform you that the Planning and Building Director has approved your
application for:
09-080 CDP (Applicant: Richard Tverdoch) - A request for a Coastal Development
Permit for the installation of two (2) new sewer laterals to two (2) existing vacant properties
located on Leucadia Boulevard just west of Hymettus Avenue within the Coastal Zone. The
subject properties are located in the Residential 3 (R-3) zone and the Coastal zone. (APNS
254-331-21 and 254-331-22)
Project Description and Discussion: The project is a Coastal Development Permit request for
the installation of two (2) new laterals to serve two (2) existing vacant properties. The project
sites are located within the Coastal Zone in the City of Encinitas and require the issuance of a
Coastal Development Permit.
A standard public notification was issued for the Coastal Development Permit application, which
allowed for a ten (10) day comment period from July 10, 2009 to July 20, 2009. The Planning
Department did not receive any correspondence from the neighborhood or any interested parties.
The Planning Department determined the Coastal Development Permit application to be consistent
with all applicable policies of the General Plan and provisions of the Municipal Code. The sewer
lateral connections as approved herein are exempt from Design Review as per Section 23.08.030B2
of the Municipal Code.
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 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
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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 applicant requests to install two (2) new sewer laterals to two (2) existing vacant
properties in the R-3 zone and the Coastal zone. The project is exempt from the Design
Review regulations in accordance with Section 23.080.030B2 of the Municipal Code
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,
the project is exempt from environmental review pursuant to Section 15303(d) of the
California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is not
applicable because the lot is located on Leucadia Boulevard between Hygeia Avenue and
Hymettus Avenue, which 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 Coastal Development
Permit does not create a condition that does not comply with the City's Local Coastal
Plan including policies of the General Plan and Municipal Code requirements for the lot
coverage, height, access, parking, and circulation, and all other applicable development
and design standards; 2) no potentially significant adverse impacts to the environment will
result from the project; and 3) finding No. 3 is not applicable as the project site is located on
Leucadia Boulevard between Hygeia Avenue and Hymettus Avenue, which is not located
between the sea and the nearest public road. The project is consistent with all Building and
Planning development standards within the Encinitas Municipal Code.
Environmental Review: The project is exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA) Guidelines Sections 15303(d), which exempts
from environmental review the construction and location of small facilities, but not limited to water
mains, sewage, gas, and other utility extensions, including street improvements, of reasonable
length to serve such construction.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, July 21, 2011 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
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approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the Coastal Development Permit 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 as listed on
this Permit.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on July 11, 2009, consisting of a one-(1) sheet site plan,
designated as approved by the Planning and Building Director on July 21, 2009, and shall
not be altered without express authorization by the Planning and Building Department.
SCA The plans to satisfy the following conditions shall be approved and secured to the
specification of the Engineering Services Department prior to the issuance of the
improvement/ construction permit:
1. The applicant/owner shall not construct the proposed sewer laterals until the public
sewer main extension is installed as shown on the public improvement Plan No. 989-I.
2. The applicant/owner may submit a construction change for the approved Plan No. 989-I
to permit the construction of the two (2) sewer laterals in lieu of obtaining two (2)
separate right-of-way construction permits.
3. Prior to the construction of structures on the two (2) vacant properties, the current owner
shall obtain the appropriate Wasterwater Discharge Permits from the Leucadia
Wastewater District.
4. In accordance with the City of Encinitas Trenching Moratorium Policy, the
applicant/owner shall not trench or cut into the street within the two (2) year
moratorium period after the street has been overlaid and sealed.
SCB The applicant/ owner shall specify the building materials of the sewer lateral on the
grading or improvement plan and shall provide a cleanout at-grade in a yard box at the
property line to the specification of the Building Official and Engineering Services
Department.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING 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
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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 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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in one of the following formats (AutoCad DWG,
DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged
a reasonable fee for updating all response maps.
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.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
This notice constitutes a decision of the Planning & Building Department only. Additional permits,
including Building Permits, may be required by the Building Division 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, the decision of the Planning and
Building Director may be appealed to the City Council within 15 calendar days of the date of this
determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm, on the
15th calendar day following the date of this Notice of Decision.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department by telephoning (760) 633-2718.
atriP 'ck Murphy,
Planning and Building Director
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