2010-27
City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2010-27
June 23. 2010
This letter is to inform you that the Planning and Building Director has approved your application
for:
10-012 ADR/CDP (City of Encinitas): A request for an Administrative Design Review and
Coastal Development Permit to install sidewalk, curb, gutter and pedestrian ramps within the
City right-of-way (ROW) on the west side of Westminster Drive and Summit Avenue, between
Montgomery Avenue and Verdi Avenue. Intersection improvements at Westminster Drive and
Montgomery will also be constructed. The project site is in the Community of Cardiff-by-the-
Sea and in the Coastal Zone of the City of Encinitas.
Project Description and Discussion: All work will be completed within the City of Encinitas
right-of-way (ROW). Residential properties surround the project site. Cardiff Elementary School is
located at the south end of the project limits (Summit Avenue/Montgomery Avenue), which further
justifies the road improvements to facilitate pedestrian movement to and from the school on Summit
Avenue.
As designed, the project minimizes the disturbance of private encroachments into the public
right-of-way such as private pavement and landscaping by the placement of the sidewalk along
the existing edge of street pavement and only the conflicting encroachments will be removed.
All work will be completed in the public ROW.
To construct the new curb and gutter, an approximately one (1)-foot wide portion of the asphalt
along the westerly existing edge of pavement will be removed and replaced with new paving.
No work is proposed on the east side of Westminster Avenue and Summit Avenue. New
driveway aprons will be installed to allow continued access to each of the private properties, and
the extent of driveway pavement to be replaced at each location varies with the amount of grade
transition required between the existing driveway and the proposed improvements as shown on
the site plan.
The project also proposes to construct street improvements at the intersection of Westminster
Drive with Montgomery Avenue, which fronts the Cardiff Elementary school. The cut-through
vehicular access from westbound Montgomery Avenue to northbound Westminster Drive will be
eliminated, which will leave just the `T' portion of the intersection. The area of pavement to be
removed will be replaced with a Turfblock parking area and a larger planter. Additional
landscaping designed to blend with the vegetation in the existing planter will be installed. The
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sidewalk down the west side of Westminster at this location will transition to a raised speed table
pedestrian crossing with small planter pop-outs on either side of the crossing.
At the intersections of Summit Avenue with Verdi Avenue, and Westminster Drive with Liszt
Avenue, traffic calming modifications are proposed for the safety of pedestrian traffic. These
modifications are shown on Sheet 4 for the additional demolition work and sheets 6, 7, and 10
for the additional proposed improvements and curb profiles, respectively. In addition,
replacement of a small stretch of existing sidewalk at Montgomery Avenue will be replaced.
This work on Montgomery Avenue is shown on sheet 5, and the proposed improvements and
curb profiles are shown on sheet 10.
The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code on Thursday, October 22, 2009 at the Encinitas Civic Center. Of the 561 CPP
notices mailed to all property owners and tenants within 500-feet of the project site, five (5)
citizens telephoned; one (1) visited the Engineering Services Department Counter; and 26
attended the CPP meeting. In summary, the following concerns were raised:
1. Driveway replacement and cost,
2. Rolled curbs versus vertical curbs,
3. Mailbox placement,
4. Undergrounding utilities,
5. Project budget,
6. Relocating project to east side of Westminster Avenue,
7. Consider one-way street for Westminster Avenue,
8. Widen intersections,
9. More school signage,
10. Drainage as a result of project, and
11. Additional improvements not planned.
Additional citizen input included written comments received at the CPP meeting. These
comments and how the applicant addressed the citizen input received at the CPP meeting are
included as part of the Final CPP Report found in the administrative record.
A standard public notification to all property owners and tenants within 500 feet of the project
site was issued for the Minor Use Permit application, which allowed for a minimum 10-day
comment period prior to the Administrative Public Hearing in accordance with the provisions of
Section 30.01.070 of the City of Encinitas Municipal Code. No comments were received prior to
the end of the 10-day comment period.
This approval is based on the following findings:
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
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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: A request for an Administrative Design Review Permit and Coastal Development
Permit are being processed in accordance with Chapter 23.08 (Design Review) and the
Design Review Guidelines. An application for a Design Review Permit may be approved
unless findings of fact are concluded with regard to the project's inconsistency with the
General Plan, Municipal Code provisions, Design Review Guidelines, and a
consideration of the project's effect on the health, safety, and welfare of the general
community and appearance and value of the surrounding neighborhood.
Discussion: The project is to install sidewalk, curb, gutter and pedestrian ramps within
the City right-of-way (ROW) on the west side of Westminster Drive and Summit
Avenue, between Montgomery Avenue and Verdi Avenue. Intersection improvements at
Westminster Drive and Montgomery will also be constructed. Residential properties
surround the project site. Cardiff Elementary School is located at the south end of the
project limits (Summit Avenue/Montgomery Avenue), which further justifies the road
improvements to facilitate pedestrian movement to and from the school on Summit
Avenue.
Conclusion: The Planning and Building Department finds that the project design as
proposed and conditioned is consistent with the General Plan, Local Coastal Program and
the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: Requests for Administrative Design Review are processed in accordance with
Chapter 23.08 (Design Review) of the Municipal Code and the Design Review
Guidelines contained in Chapter 4 (Circulation, Parking and Streetscape Guidelines).
Discussion: The project is to install sidewalk, curb, gutter and pedestrian ramps within the
City right-of-way (ROW) on the west side of Westminster Drive and Summit Avenue,
between Montgomery Avenue and Verdi Avenue. Intersection improvements at
Westminster Drive and Montgomery will also be constructed. As designed, the project
minimizes the disturbance of private encroachments into the public right-of-way such as
private pavement and landscaping by the placement of the sidewalk along the existing edge
of street pavement; only the conflicting encroachments will have to be removed.
New driveway aprons will be installed to allow continued access to each of the private
properties pursuant to Sections 4.4.2 (Automobile Area Guidelines) by ensuring that the
driveways included within the project area are designed to recognize pedestrian activity.
The extent of driveway pavement to be replaced at each location varies as shown on the
site plan with the amount of grade transition required between the existing driveway and
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the proposed improvements pursuant to Section 3.2.9 (Grading and Landform
Guidelines) and Section 4.3.5 (Streetscape Guidelines) where the minimal grading
proposed within the public ROW as part of the project respects the existing natural forms
and the natural topography of the area.
At the intersections of Summit Avenue with Verdi Avenue, and Westminster Drive with
Liszt Avenue, traffic calming modifications are proposed for the safety of pedestrian
traffic pursuant to Sections 4.5.1 (Pedestrian Area Guidelines) and Section 4.5.6
(Pedestrian Area Guidelines).
The project also proposes to construct intersection and pedestrian improvements at the
intersection of Westminster Drive with Montgomery Avenue, which fronts the Cardiff
Elementary school. The cut-through vehicular access from westbound Montgomery
Avenue to northbound Westminster Drive will be eliminated, thereby simplifying the
intersection to a `T' intersection design. The intent is to provide a safe and separated
pedestrian access from the public right of way consistent with Section 4.5.6 (Pedestrian
Area Guidelines).
Throughout the project limits, new curb, gutter and sidewalk will facilitate all drainage to
be conveyed to the vegetated areas to be installed with the streetscape improvements
consistent with the City's Stormwater Management Program and Section 3.2.8 (Grading
Guidelines).
Conclusion: The project as proposed is consistent with the Design Review Guidelines.
C. The project would adversely affect the health, safety, or general welfare of the
community.
Facts: The project complies with all applicable standards outlined in the Municipal Code.
This project has no significant adverse environmental impacts and is exempt from
environmental review pursuant to Section 15301(c) of the California Environmental
Quality Act (CEQA) Guidelines. Section 15301(c) exempts the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing highways and
streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this
includes road grading for the purpose of public safety), involving negligible or no
expansion of use beyond that existing at the time of the lead agency's determination.
Discussion: No evidence has been received by the City to indicate that the proposed
project would adversely affect the health, safety, or general welfare of the site, the
immediate neighborhood, or the greater community. The proposed Design Review and
Coastal Development Permit will conform to all applicable provisions of the Municipal
Code, General Plan and Local Coastal Program.
Conclusion: The Planning and Building Department finds that the project design will not
adversely affect the health, safety, or general welfare of the community.
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d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The surrounding neighborhood is zoned single-family residential.
Discussion: The project will be compatible with the surrounding vicinity. The project is
to install sidewalk, curb, gutter and pedestrian ramps within the City right-of-way (ROW)
on the west side of Westminster Drive and Summit Avenue, between Montgomery
Avenue and Verdi Avenue. Intersection improvements at Westminster Drive and
Montgomery will also be constructed. Cardiff Elementary School is located at the south
end of the project limits (Summit Avenue/Montgomery Avenue), which further justifies
the road improvements to facilitate pedestrian movement to and from the school on
Summit Avenue. Throughout the project limits, new curb, gutter and sidewalk will
facilitate all drainage to be conveyed to the vegetated areas to be installed with the
streetscape improvements consistent with the City's Stormwater Management Program.
No evidence has been submitted or discovered that would suggest that the proposed
facility would have a detrimental effect on the appearance or value of the site or
surrounding neighborhood.
Conclusion: The Planning and Building Department finds that the project as proposed
and conditioned will not materially depreciate the appearance or value of the surrounding
neighborhood.
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
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: A request for an Administrative Design Review and Coastal Development Permit
to install sidewalk, curb, gutter and pedestrian ramps within the City right-of-way (ROW)
on the west side of Westminster Drive and Summit Avenue, between Montgomery
Avenue and Verdi Avenue. Intersection improvements at Westminster Drive and
Montgomery will also be constructed.
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Discussion: Related to finding No. 1, with the approval of the Administrative Design Permit
and Coastal Development Permit request, the proposed project will comply with all
applicable Sections of the City's Municipal Code, General Plan, and certified Local Coastal
Program. Related to finding No. 2, no adverse impacts to the environment are associated
with the project and the project is exempt from the requirements of CEQA. The project site
is on the west side of Westminster Drive and Summit Avenue, between Montgomery
Avenue and Verdi Avenue, therefore finding No. 3 is not applicable since the project is not
located between the sea or other body of water and the nearest public road.
Conclusion: The Planning and Building Director finds that 1) the project is consistent with
the certified Local Coastal program of the City of Encinitas; 2) no potentially significant
adverse impacts to the environment will result and the project is exempt from the
requirements of CEQA as per Section 15301(c) of the CEQA Guidelines, and 3) finding
No. 3 is not applicable to the project since it is not located between the sea or other body of
water and the nearest public road.
ENVIRONMENTAL STATUS: The project has been determined to be exempt from
environmental review pursuant to Section 15301(c) of the California Environmental Quality Act
(CEQA) Guidelines. Section 15301(c) exempts the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing highways and streets, sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of
public safety), involving negligible or no expansion of use beyond that existing at the time of the
lead agency's determination.
This approval is subject to the following conditions:
SC2 At any time after two years from the date of this approval, on June 24, 2012 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 and project drawings
stamped received by the City on April 5, 2010, consisting of 21 sheets including - Sheet 1
(Title Sheet), Sheet 2 (Index Map and Typical Sections), Sheet 3 (Details), Sheets 4-5
(Demolition Plans), Sheets 6-10 (Improvement Plans), Sheets 11-12 (Erosion Control),
Sheets 13 (Signing and Striping Plan), Sheets 14-19, (Driveway Details), Sheets 20-21
(Landscape Plan), all designated as approved by the Planning and Building Director on June
24, 2010, and shall not be altered without express authorization by the Planning and
Building Department.
SCA The following San Dieguito Water District (SDWD) conditions apply to 10-012
DR/CDP.
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1. The City will be required to show all existing and proposed water facilities on
improvement plans for District approval.
2. The District has facilities that will need to be relocated for this project. The City
shall notify the District 30 days prior to start of work. The City shall also notify
the District notice one week prior facilities to be relocated. The City shall demo
and make sub-grade for improvements prior to the District relocating facilities
SCB All traffic signs and street name signs shall be DG3 (Diamond Grade) lettering, and shall
be installed by the contractor to the satisfaction of the Public Works Department.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING 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.
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 permit issuance unless
specifically waived herein.
DESIGNREVIEW
DR1 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 City prior to issuance of grading or building permits.
E 1 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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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, 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. on the 15`h calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact J. Alfred Dichoso at the
Planning and Building Department by telephone at (760) 633-2681, or the Planning and Building
Department at (760) 633-2710.
t Ti
Aatrickkrphy
Planning & Building irecto
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