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.
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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.
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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.
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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.
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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.
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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.
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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