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2005-12 RESOLUTION NO. PC 2005-12 A RESOLUTION OF THE CITY OF ENCINIT AS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR STREETSCAPE AND TRAFFIC CALMING IMPROVEMENTS TO AN EXISTING SECTION OF THE SANTA FE DRIVE PUBLIC STREET RIGHT -OF-WAY BETWEEN VULCAN AVENUE/SAN ELIJO AVENUE AND THE INTERSTATE HIGHWAY 5 RIGHT-OF-WAY (CASE NO. 04-032 DRlCDP) WHEREAS, a request for consideration of a Design Review Permit and Coastal Development Permit was filed by the City of Encinitas to allow streetscape and traffic calming measures, including some colored concrete sidewalks, curbs and gutters, bike lanes, public viewpoint improvements, undergrounding of existing overhead utilities, decorative walls, landscaping, and a traffic roundabout at the intersection of Santa Fe Drive and Devonshire Drive/Rubenstein Avenue, for the Santa Fe Drive public street right-of-way between Vulcan Avenue/San Elijo Avenue and the Interstate Highway 5 (1- 5) right-of-way, in accordance with Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on March 17, 2005, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The March 17, 2005 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; 3. Oral and written evidence submitted at the hearing; 4. Lighting Plan, colored Concept Plan, and colored Cobble Stone Materials Exhibit, all dated received by the City of Encinitas on February 10,2004; 5. Project plans consisting of sixty-two (62) sheets total, including Title Sheet, Sections, Street Improvement Plans, Roundabout Profiles, Details, Sidewalk Design Plans, Storm Drain Plans, Street Lighting Plans, Street Striping Plans, Landscape Plans, Utility Undergrounding Plans, and Irrigation Plans, all stamped received by the eity of Encinitas on March 8, 2005; and -PBPIMRH/G/Reso/04032DRCDP/031705 WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application Case No. 04-032 DR/CDP subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project is categorically exempt from environmental review pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines, which categorically exempts minor alterations to existing public streets, sidewalks, gutters, and similar facilities. PASSED AND ADOPTED this seventeenth day of March, 2005, by the following vote, to wit: A YES: Commissioners Avis, Bagg, Chapo, McCabe, and Snow. NAYS: None. ABSENT: None. ABSTAIN: None. ~ hair of the 'ng Commission ATTEST: ~uJJ~Jk~r Patnck urphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. 2 -PBDIMRH/GlResoI04032DRCDP/031705 ATTACHMENT "A" Resolution No. PC 2005-12 Case No. 04-032 DRlCDP FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: The application requests a Design Review Permit and eoastal Development Permit for public streetscape improvements and traffic calming measures on a portion of Santa Fe Drive between Interstate Highway 5 and the Santa Fe Drive's westerly terminus at Vulcan Avenue/San Elijo Avenue. Santa Fe Drive is an existing public street varying in paved width from 38 to 40 feet with primarily eroded dirt shoulders and worn pedestrian pathways and some concrete sidewalk improvements. The project implements a design that includes some colored concrete sidewalks, curbs and gutters, bike lanes, decorative walls, a public viewpoint, undergrounding of existing overhead utilities, landscaping, and a traffic roundabout centered in the intersection of Santa Fe Drive and Devonshire Drive/Rubenstein A venue. The project area does not lie within the boundaries of a Specific Plan Area. Discussion: Santa Fe Drive is classified as an Augmented Local Circulation Element road and is a vital east-west corridor through the City of Encinitas. The streetscape and traffic calming project design is based on input from two public workshops held on June 7 and October 9, 2001 and direction from the Encinitas City Council at public hearings held on February 13 and December 11, 2002. The street improvements will complete a link of bike lanes reaching from Interstate Highway 5 to Vulcan Avenue/San Elijo Avenue and will accomplish a City Council goal for quality of life by developing and implementing traffic calming measures while increasing Level of Service to the Santa Fe Drive right-of-way. With approval of a Design Review Permit and Coastal Development Permit for the streetscape and traffic calming improvements, the project will conform to all applicable development standards of the Municipal Code and will be consistent with the guidelines for Augmented Local Circulation Element roads of the City of Encinitas General Plan. Conclusion: Therefore, the Planning eommission fmds that the project design is consistent with the General Plan and all applicable provisions of the Municipal Code. 3 -PBD/MRH/GlReso!04032DRCDP/031705 b. The project design is substantially inconsistent with the Design Review Guidelines. FactsIDiscussion: The design includes the construction of a traffic roundabout in the center of the intersection of Santa Fe Drive and Devonshire DriveIRubenstein A venue. The roundabout incorporates rolled curb, decorative pavers, and landscaping improvements. No additional travel lanes will be added to the right- of-way as a result of project implementation and the existing travel way will be narrowed from 40 feet to 26 feet (one 13-foot travel lane in each direction). Bike lanes will be added to each side of the travel way and some tan colored concrete sidewalk, curb and gutter and will be installed on both sides of Santa Fe Drive. Landscaping pockets will be added along portions of both sides of the street to soften the road improvements and add to traffic calming by increasing the tree canopy. The existing mature landscaping adjacent to the street will be largely preserved wherever possible. A public viewpoint area with seatwalls is to be constructed at eornish Drive for public view of the Pacific Ocean to the west and the existing overhead power/utility lines will be undergrounded along Santa Fe Drive as much as possible. The decorative walls and landscaping were chosen to blend into existing conditions as much as practicable and to preserve and improve the existing condition of private walls and landscaping on private property adjacent to the right-of-way. The colored concrete sidewalks and curb and gutter improvements will visually blend with the neighborhood while providing improved pedestrian access and safety. The project design conforms to all applicable Design Review Guidelines for Augmented Local Circulation Element roads. Conclusion: Therefore, the Planning Commission finds that project design IS substantially consistent with all applicable Design Review Guidelines. c. The project would adversely affect the health, safety, or general welfare of the community. FactsIDiscussion: Accident history data was reviewed for the subject section of Santa Fe Drive and a traffic roundabout feature was subsequently added to the project design for traffic calming purposes. The street improvements will provide increased pedestrian access and safety and the traffic calming measures will improve level of service for the area. The street improvement project is categorically exempt from environmental review pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines, which categorically exempts minor alterations to existing public streets, sidewalks, gutters, and similar facilities. No evidence has been received by the City that the project will have any adverse affect on the health, safety, or general welfare of the community. To the greatest extent practicable, the public comments received by the City at the public 4 -PBD/MRHlG/Reso/04032DRCDP/031705 workshops and the City Council public hearings have been incorporated into the project design. Conclusion: Therefore, the Planning Commission fmds that the project would not adversely affect the health, safety, or general welfare of the community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts/Discussion:: Surrounding land uses generally consist of single-family residences adjacent to the Santa Fe Drive right-of-way west of Rubenstein Avenue. The Interstate Highway 5 right-of-way, the existing Scripps Hospital facility, a retail shopping center, a church, and a veterinary office facility lie adjacent to the Santa Fe Drive right-of-way east of Rubenstein Avenue. No evidence has been received by the City that the project would cause the neighborhood to depreciate materially in appearance or value. The provision of a public viewpoint, pedestrian sidewalk improvements, and the undergrounding of existing overhead utilities will greatly benefit the neighborhood. Additionally, the provision of bike lanes and traffic calming measures will improve Santa Fe Drive as a vital east-west link for the City and region. Conclusion: Therefore, the Planning Commission finds that the project would not cause the surrounding neighborhood to depreciate materially in appearance or value. 5 -PBDIMRH/GlReso/04032DRCDP/031705 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: I. 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. FactsIDiscussion:: The Coastal Development Permit is requested in association with the Design Review Permit for the proposed construction of street and traffic calming improvements to Santa Fe Drive between Vulcan Avenue/San Elijo Avenue and the Interstate Highway 5 right-of-way. The improvements include some colored concrete sidewalks, curbs and gutters, bike lanes, walls, public viewpoint improvements, undergrounding of applicable existing overhead utility lines, landscaping, and a traffic roundabout feature centered in the intersection of Santa Fe Drive and Devonshire Drive/Rubenstein Avenue. The proposed project site lies within the Coastal Zone of the City of Encinitas and requires the issuance of a regular Coastal Development Permit. The project is categorically exempt from environmental review pursuant to Section 15301 (c) of the ealifomia Environmental Quality Act (CEQA) Guidelines, which categorically exempts minor alterations to existing public streets, sidewalks, gutters, and similar facilities. Adherence to the development standards of all applicable chapters of the City of Encinitas Municipal Code, as well as the policies and goals of the City of Encinitas General Plan, will implement Coastal Act standards. The project will not cause significant negative impacts to the surrounding area and will not adversely impact public coastal access. The pedestrian improvements along Santa Fe Drive will improve public coastal access and the public viewpoint will provide a public benefit. With approval of the Design Review Permit as conditioned, the project conforms to all applicable standards of the City of Encinitas Municipal Code, General Plan, and Local eoastal Program. No evidence is found to show that the use will be located, installed or operated in a manner that will have an unnecessarily adverse effect on surrounding land uses. 6 -PBDIMRH/G/Reso/04032DRCDP/03170S Conclusion: Therefore, the Planning Commission fmds that I) the project is consistent with the certified Local Coastal program of the City of Encinitas; 2) no significant adverse impacts have been identified that the activity may have on the environment and the project is categorically exempt from environmental review pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines, which categorically exempts minor alterations to existing public streets, sidewalks, gutters, and similar facilities; and 3) the project is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act, as it will not cause significant negative impacts to the surrounding area and will not adversely impact public coastal access. 7 -PBD/MRH/GlReso/04032DRCDP/031705 ATTACHMENT "B" Resolution No. PC 2005-12 Case No. 04-032 DRlCDP Applicant: Location: City of Encinitas Santa Fe Drive public street right-of-way, between the Interstate Highway 5 (1-5) right-of-way and Vulcan Avenue/San Elijo Avenue. SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, March 17, 2007 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. SC5 This project is conditionally approved as set forth on the application, Lighting Plan, colored Concept Plan, and colored Cobble Stone Materials Exhibit, all dated received by the City of Encinitas on February 10, 2004, and project drawings consisting of sixty-two (62) sheets total, including Title Sheet, Sections, Street Improvement Plans, Roundabout Profiles, Details, Sidewalk Design Plans, Storm Drain Plans, Street Lighting Plans, Street Striping Plans, Landscape Plans, Utility Undergrounding Plans, and Irrigation Plans, all stamped received by the eity of Encinitas on March 8, 2005 and all designated as approved by the Planning Commission on March 17, 2005, and shall not be altered without express authorization by the Planning and Building Department. SCA To the satisfaction of the Encinitas Fire Department, a minimum of 16 feet shall be provided face of curb to face of curb at the traffic chokers, drive lanes shall be a minimum of 13 feet in width with a 6-foot wide bike lane for a total of 19 feet of paved roadway measured face of curb to opposing face of island curb, front islands shall have mountable dikes with driveable surface, and the truck apron around the traffic roundabout shall have a mountable dike with a I-inch maximum vertical face. SCB To the satisfaction of the San Dieguito Water District, the applicant shall ensure compliance with the following conditions prior to issuance of applicable permits for the project: I.) the San Dieguito Water District shall require water meters to be located in front of the specific parcel they are serving and to be located outside of any existing or proposed travel way. The cost of any relocation of existing water meters to comply with this location criteria shall be the responsibility of the applicant; 2.) the applicant shall show all existing and proposed water facilities on 8 -PBDIMRH/GlReso/04032DRCDP/031705 improvement or grading plans submitted for San Dieguito Water District approval; and 3.) the applicant shall comply with all applicable San Dieguito Water District fees, charges, rules, and regulations. SCC Prior to issuance of permits for the street improvement project, the driveway access design to 1202 Rubenstein Avenue shall be resolved by the Engineering Services and Planning and Building Departments, or if necessary by the City Council. If implementation of the roundabout feature is found to be infeasible, the revised design shall be returned to the Planning Commission for review and revision prior to permit issuance. SCD Prior to issuance of permits for the street improvement project, the Lighting Plan shall be reviewed by the Engineering Services and Planning and Building Departments to ensure that the number of street lighting fixtures is minimized as directed by the Planning Commission to eliminate double locating of lights if possible while still providing adequate safe levels of street light. Gl STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDlTION(S): 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. G 12 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. Ll The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans must be submitted as part of the building permit application for the project. 9 -PBDIMRHlG/Reso/04032DRCDPI031705 L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering Services and Planning and Building Departments. The City shall be responsible for the removal in a timely manner of any graffiti posted on such walls. DRI Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the eity prior to issuance of grading or building permits. FI FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Fll FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Commercial fire hydrants shall have two (2) 4" outlets and one (1) 2 y," outlet. Residential fire hydrants shall have one (1) 4" outlet and one (I) 2 Yz" outlet. A two-sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant( s) for approaching fire apparatus. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDlTION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EGI Gradiol!: Conditions EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to 10 -PBD/MRHlG/ResoI04032DRCDP/031705 the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG7 All newly created slopes within this project shall be no steeper than 2: I. EG8 A soils/geologicallhydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be approved prior to building permit issuance/at first submittal of a grading plan, as applicable. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG 10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1 st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. EDl Drainaee 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. ESWI Storm Water Pollution Control Conditions ESW3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface run off shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. 11 -PBD/MRHlG/Reso/04032DRCDPI031705