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2017-29"� �F • • NOTICE OF DECISION Encinitas Development Services Department DEEVELQPMENTSERVKES DEPARTMENT Project Name: Mackinnon Avenue/Villa Cardiff Drive Sidewalk Improvements Request: Construct new pedestrian sidewalks at Mackinnon Avenue/Villa Cardiff Drive intersection, and a temporary staging area within the public right -of -way adjacent to the work proposed. Discretionary Actions: Coastal Development Permit (CDP) CEQA Determination: EXEMPT DECISION: APPROVED Project Number: 17 -049 CDP DSD Number: 2017 -29 Location: Intersection of Mackinnon Avenue/Villa Cardiff Drive Community: Cardiff -by- the -Sea APN: N/A Applicant: City of Encinitas Representative: Matt Widelski, City of Encinitas Project Planner: J. Dichoso, Associate Planner Decision Date: June 6, 2017 SUMMARY AND KEY CONSIDERATIONS The applicant is requesting a Coastal Development Permit (CDP) to construct new pedestrian sidewalks within the public right -of -way at the Mackinnon Avenue and Villa Cardiff Drive intersection as part of the Safe Routes to School Program. The project complies with all applicable policies of the General Plan, Local Coastal Program, and provisions of the Municipal Code. ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP The applicant is requesting a Coastal Development Permit (CDP) to construct new pedestrian sidewalks at the Mackinnon Avenue and Villa Cardiff Drive intersection as part of the Safe Routes to School Program. The Safe Routes to School Program is a national program with a mission to advance safe walking and bicycling to and from schools, to improve the health and well -being of children of all races, income levels and abilities, and to foster the creation of healthy communities for everyone. The project is located within the public right -of -way at the intersection of Mackinnon Avenue and Villa Cardiff Drive. The project would extend the existing sidewalk on Mackinnon Avenue with the construction of new pedestrian sidewalks, curbs, gutter, and two crosswalks across Villa Cardiff Drive. The improvements and the crosswalks would connect the Mackinnon Avenue sidewalk to the sidewalk on the east side of Villa Cardiff Drive. Specifically, the Encinitas Engineering Division is proposing the following scope of work: 1. New concrete curb and gutter along Mackinnon Avenue at the intersection with Villa Cardiff Drive. 2. New concrete sidewalk from Mackinnon Avenue to Villa Cardiff Drive for 90 feet. 3. New concrete bulb curb ramps at the intersection of Mackinnon Avenue with Villa Cardiff Avenue along the east side on Villa Cardiff Drive. 4. New concrete curb ramp along the west side of Mackinnon Avenue just north of the bridge overpass of Interstate 5. 5. The project includes a temporary construction staging area proposed next to the construction site and within the public right -of way. PROJECT ANALYSIS Project Site Characteristics General Plan: Residential 8 R8 Specific Plan: None Zoning District: R8 Zoning Overlay: ScenicNisual Corridor Overlay Coastal Zone Community Character Context: Inland - Residential Gridded Other Key City Plan: None Notable State or Regional Plan and Law: None The subject site is located within the public right -of -way. The proposed pedestrian sidewalk is typical of improvements within the public right -of -way in the vicinity. Beyond the public right -of- way are detached single - family homes. 2 of 9 ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP Adjacent Area Direction General Plan & Zoning District Community Character Context Land Use North R8 /R8 Inland - Residential Gridded Public right-of-way South Residential 5 R5 /R5 Inland - Residential Gridded Public right -of -way East R8 /R8 Inland - Residential Gridded Single-family residences West Transportation Corridor TC /TC Inland - Residential Gridded Interstate 5 The area surrounding the project site is previously developed and is located within the Inland - Residential Gridded community character context. The area surrounding the property is predominantly public right -of -way being Mackinnon Avenue to the north, Villa Cardiff Drive to the south, and Interstate 5 to the west. Encinitas Community Park is located to the west beyond Interstate 5. Ada Harris Elementary School is located just east of the project site. Sidewalk improvements are commonplace within the public right -of -way, and are unlinked in some lengths. General Plan Consistency General Plan Goal or Policy Explanation of Project Conformance CIRCULATION ELEMENT GOAL 3: The Safe Routes to School Program is a national The City of Encinitas will promote the program with a mission to advance safe walking and use of other modes of transport to bicycling to and from schools, to improve the health reduce the dependence on the and well -being of children of all races, income levels personal automobile. (Coastal and abilities and to foster the creation of healthy Act/30252) communities for everyone. The proposed right -of- way improvements provide and improve public CIRCULATION ELEMENT POLICY access to the adjacent and neighboring schools with 3.3: Create a safe and convenient sidewalks. The sidewalks would increase public circulation system for pedestrians. safety. Pedestrian access to schools, churches, (Coastal Act/30252) parks and schools is improved by extending the existing sidewalk segments in the vicinity. CIRCULATION ELEMENT POLICY 3.8: A program shall be developed to install sidewalks or paths, where appropriate, around schools, churches, active parks, commercial and other areas of pedestrian activity where public safety or welfare is at issue (Coastal Act/30252) RECREATION ELEMENT POLICY 4.3: Neighborhood parks should be accessible by pedestrians living in the immediate area. 3of9 ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP Municipal Code Analysis The proposed project within the public right -of -way is consistent with Encinitas Municipal Code Chapters 23.24 (Grading, Erosion and Sediment Control) and 23.36 (Right -of -Way Standards). The project has been designed to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the maximum extent practicable, pollutants entering the City's Storm Water Conveyance System. Scenic/Visual Corridor Overlay Zone The project is located within the ScenicNisual Corridor Overlay (SNCO) zone. Section 30.34.080 (ScenicNisual Corridor Overlay) of the Municipal Code provides that for projects within the SNCO zone, consideration be given to the overall visual impact of the project and conditions or limitations pertaining thereto may be applied to the project. Since the proposed sidewalk improvements are at- grade, there would be no significant overall visual impact of the project within the ScenicNiew Corridor Overlay Zone. Local Coastal Program Consistency The project site is located in the the Coastal Zone and requires a Coastal Development Permit. The project complies with the Local Coastal Program, including all applicable policies of the General Plan and Municipal Code. PUBLIC NOTICE AND PARTICIPATION Citizen Participation Program The applicant submitted a Citizen's Participation Program (CPP) in accordance with EMC Section 23.06. All owners and tenants were notified of the CPP meeting and proposed project. The neighborhood meeting was held on April 18, 2017, at 6 a.m, at the Encinitas Civic Center. According to the CPP Final Report, One neighbor attended the meeting. Comments received regarded the design of the improvement proposed, and whether a traffic signal is appropriate at the same location. No other comments were received. Public Notice The Notice of Pending Action on the Coastal Development Permit was mailed on May 18, 2017, to all property owners within 500 feet of the project site and to anyone who requested such notice in writing in compliance with Encinitas Municipal Code Sections 30.01.070 and 30.80.080, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Development Services Department's Internet site under "Public Notices" and via e- Project Source. Staff received interest from two neighbors. One had attended the CPP meeting, visited the counter to review the plans, and expressed support for the project. Staff exchanged voicemails with a second neighbor. Staff received no other comments. 4 of 9 ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP ENVIRONMENTAL CONSIDERATIONS The applicant is proposing sidewalk improvements. The exempt from environmental review pursuant to California Guidelines Sections Section 15304, which exempts minor condition of land. The project meets the criteria for the ex Section 15300.2 exists and no historic resources would b e improvements. DISCUSSION project has been determined to be Environmental Quality Act (CEQA) public or private alterations in the emption. None of the exceptions in impacted by the proposed grading The proposed improvements would result in new curbs, gutters and sidewalks within the public right -of -way and increase public access and safety for pedestrians. Pedestrian access to schools, churches, parks and schools is improved by extending the existing sidewalk segments in the vicinity. The proposed project is consistent with the General Plan and Local Coastal Program. FINDINGS Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.010 and the aforementioned analysis, the Development Services Department has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit Explanation of Finding The project is consistent with the certified The project is consistent with policies of the Local Coastal Program of the City of Encinitas; City's certified Local Coastal Program and including the General Plan and the Municipal Code. The proposed development conforms with No potentially significant adverse impacts to Public Resources Code Section 21000 and the environment would result from the project following (CEQA) in that there are no feasible and the project is exempt from environmental mitigation measures or feasible alternatives review pursuant to Section 15304 of the available which would substantially lessen any California Environmental Quality Act (CEQA) significant adverse impact that the activity may Guidelines. have on the environment; and For projects involving development between This finding is not applicable because the the sea or other body of water and the nearest property is not located between the sea and public road, approval shall include a specific the nearest public road. finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. 5of9 ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP CONCLUSION The Development Services Department determined the Coastal Development Permit application to be consistent with the City's certified Local Coastal Program, including all applicable policies of the General Plan, and provisions of the Municipal Code. Based on the aforementioned findings and subject to the following conditions of approval, the project is hereby approved. CONDITIONS OF APPROVAL SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on June 6, 2019 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 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 May 24, 2017, consisting of seven sheets including Title Sheet (Sheet 1/7), Legend and Improvements Notes (Sheet 2/7), Demolition Plan (Sheet 3/7), Sidewalk Layout Plan (Sheet 4/7), Sidewalk Details (Sheets 5/7 through 6/7), and Miscellaneous Notes (Sheet 7/7), all designated as approved by the Development Services Director on June 6, 2017, and shall not be altered without express authorization by the Development Services Department. SCA To the satisfaction of the Development Services Department, the temporary construction storage area shall be identified on the improvement plans and shall be removed upon completion of the project. SCB The following conditions shall be completed and /or fulfilled to the satisfaction of the Development Services Division: The existing survey monuments shall be referenced on the improvement plan and shall be protected in- place. If any monument is disturbed or destroyed, it shall be replaced by a licensed land surveyor and a Corner Record shall be filed with the County prior to as- builts. The existing M -10 standard well monument and all Lead & Discs set in the sidewalk at seven feet O/S per Map 8632 shall be shown on the improvement plans. 2. All mailboxes shall be relocated out of the sidewalk to private property or the sidewalk shall be widened to provide a four -foot minimum clearance around the mailbox. 3. The quantities of new and removed /replaced impervious surface areas shall be indicated on the improvement plans. 6 of 9 ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP SCC The following conditions shall be completed and /or fulfilled to the satisfaction of the San Dieguito Water District (SDWD): 1. The developer (City) shall install the water system according to Water Agencies' (WAS) standards. 2. The developer (City) shall show all existing and proposed water facilities on improvement and /or grading plans for District Approval. 3. The developer (City) shall comply with the District's fees, charges, rules and regulations. 4. The existing MAR enclosure shall be raised to grade to the satisfaction of the District. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES 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. G6 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 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 Development Services Department. G15 A plan shall be submitted for approval by the Development Services Department, and the Fire Department regarding the security treatment of the site during the construction phase, the on- and off -site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction of the project. E1 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT 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. 7of9 ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17 -049 CDP EG1 Grading Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on -site pavement. ED1 Drainage 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 City Engineer to properly handle the drainage. ES1 Street Conditions ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the City Engineer and appropriate fees paid, in addition to any other permits required. EU1 Utilities Conditions EU2 The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. EU3 The owner shall be responsible for coordination with S.D.G. & E., AT &T, and other applicable authorities. DISCLOSURES This notice constitutes a decision of the Development Services Department only for the discretionary entitlement. Additional permits, such as Building and Grading Permits, may be required by the Development Services Department or other City Departments. It is the property owner's and applicant 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 Development Services Department may be appealed to the City Council within 15 calendar days of the & 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. Any filing of an appeal would suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as • ITEM NAME: MACKINNON VILLA CARDIFF SIDEWALK PROJECT NUMBER: 17-049 CDP an action is taken on the appeal. The action of the Development Services Department May not be appealed to the California Coastal Commission. SIGNATURE mews