2018-09 - EGE11Ci nitas NOTICE OF DECISION
Development Services Department
DEVELOPMENT SERVICES DEPARTMENT
Project Name:
Lumberyard Sidewalk /Parking Improvements
Request:
Construct new sidewalks, curbs, gutters, driveways,
landscaping and drainage improvements along S. Coast
Highway 101.
Discretionary Actions:
Coastal Development Permit (CDP)
CEQA Determination:
Exempt
DECISION:
APPROVED
Project Number:
17 -060 CDP
PBD Number:
2018 -09
Location:
Right -of -way fronting 1049 -1201 S. Coast Highway 101
Community:
Old Encinitas
APN:
258 - 312 -03 through -07, -09, -15 & -16
Applicant:
City of Encinitas
Representative:
Pete Milligan
Project Planner:
Anna Yentile, Senior Planner, ayentileCa)_encinitasca.gov
Decision Date:
February 21, 2018
Report Approval:
®Roy Sapa'u, City Planner
PROJECT DESCRIPTION
A Coastal Development Permit request for the construction of surface and drainage
improvements along the east side of S. Coast Highway 101 between just north of J Street and K
Street to the south. The improvements include new sidewalks with enhanced paving, curbs,
gutters and driveways. Drainage improvements include construction of ribbon gutters, retention
basins, permeable pavement and asphalt pavement. The project will also include the addition of
angled and parallel parking spaces.
ITEM NAME: Lumberyard Sidewalk /Parking Improvements
PROJECT NUMBER: 17 -060 CDP
FEBRUARY 21, 2018
Background
The Planning Commission approved an overall streetscape improvement plan (Case No. 05-
088 DR /CDP; Planning Commission Resolution No. PC- 2005 -23) on June 16, 2005 for the
segment of S. Coast Highway 101 between F Street and the Swami's Beach Park entrance.
This project implements the approved conceptual design.
Project Site Characteristics:
General Plan:
Specific Plan
Specific Plan:
Downtown Encinitas Specific Plan DESP
Zoning District:
Commercial Mixed 1 Downtown Encinitas Specific
Plan DESP CM -1
Zoning Overla :
Coastal Zone
Community Character Context:
Main Street Corridor
Other Key City Plan:
None
Notable State or Regional Plan and Law:
None
The project site is located within the Old Encinitas community and within the Main Street
community character designation. Main Street exists along Coast Highway 101 which has a
commercial focus but includes a mix of uses and operates as a "downtown" for the entire city.
The proposed project will improve mobility for pedestrians in the area as well as provide more
on- street parking available to the public and is consistent with the community character intent.
Adjacent Area:
Direction
General Plan &
Zonin District
Community Character
Context
Land Use
North
DESP & DESP CM -1
Main Street Corridor
Transportation Corridor
South
DESP & DESP CM -1
Main Street Corridor
Transportation Corridor
East
DESP & DESP CM -1
Main Street Corridor
Retail /Restaurant/Office
West
DESP & DESP CM -1
Main Street Corridor
Retail /Restaurant/Office
The project is in the downtown district surrounded by a mix of office, retail, restaurant and other
commercial uses.
General Plan Consistency
The City of Encinitas General Plan includes a number of goals and policies that guide
development and land use within the City. A discussion of how the project is consistent with
applicable General Plan policies is summarized below:
General Plan Goal or Polic
Explanation of Project Conformance
Circulation Element Goal 1:
The construction of sidewalks to connect pedestrian access
Encinitas should have a
gaps and the addition of safe crosswalk facilities is creating
transportation system that is safe,
a safe, convenient and efficient transportation system. The
convenient and efficient, and
sidewalk design is consistent with existin g sidewalk
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ITEM NAME: Lumberyard Sidewalk /Parking Improvements
PROJECT NUMBER: 17 -060 CDP
FEBRUARY 21, 2018
sensitive to and compatible with improvements within the surrounding community.
surrounding community
character.
Circulation Element Policy 3.3
Create a safe and convenient
circulation system for
pedestrians.
Municipal Code Analysis
Local Coastal Program Consistency
The project is located within the California Coastal Zone and requires approval of a Coastal
Development Permit. EMC Section 30.20.030A3 identifies that appeal jurisdiction for the
Coastal Commission includes any major public works project or major energy facility costing
more than $100,000. The proposed project budget is over $100,000 and therefore, the City's
approval of the subject CDP is appealable to the California Coastal Commission.
PUBLIC NOTICE AND PARTICIPATION
Citizen Participation Program
A Citizen Participation Program (CPP) meeting was held on April 13, 2017 where one member
of the public attended who was in support of the project.
Public Notice
The Notice of Administrative Hearing and Pending Action for the sidewalk, parking and drainage
improvements was mailed on February 1, 2018, to all property owners and occupants within 500
feet of the project site and to anyone who requested such notice in writing, in compliance with
Encinitas Municipal Code Section 30.01.070. 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.
Administrative Hearing
An administrative hearing was held on Tuesday, February 13, 2018, for the project. Other than
the applicant, one other member of the public attended the Administrative Hearing with general
questions regarding the project scope and had no concerns.
ENVIRONMENTAL CONSIDERATIONS
The project is exempt from environmental review pursuant to the California Environmental
Quality Act (CEQA) Guidelines Section 15301(c). CEQA Guideline Section 15301(c) exempts
existing streets from environmental review. The project meets the criteria of the exemption and
none of the exceptions in Section 15300.2 exist.
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ITEM NAME: Lumberyard Sidewalk/Parking Improvements
PROJECT NUMBER: 17-U60CDP
FEBRUARY 21.2U18
DISCUSSION
The pnDDOS8d project is an irDp|enO8Dt8UOD of the 8tRe8tSC@p8 plan 8pp[OY8d UDdS[ C8S8 NO.
05-088 OR/CDP (Planning Commission Resolution NO. PC-2005-19). The improvements will
iDcn8@sg pedestrian mobility within an UO88f8 area and increase the supply Ofparking within the
dOVVntOVVD district.
ISUNF11461��
Based on the findings for e Coastal Development Permit per Encinitas Municipal Code
Section 30.80.090 and the aforementioned analysis, the Development Services
Department has made the following findings to support the approval, with conditions:
Finding for a Coastal Development Permit
Explanation of Finding
-
1 . The project is consistent with the certified
The project is consistent with the City's
Local Coastal Program of the City of
certified Local Coastal Program including the
Encinitas; and
Encinitas Municipal Code and goals and
policies of the General Plan.
2. The proposed development conforms with
No potentially significant adverse impacts to
Public Resources Code Section 21000 and
the environment will result from the project
following (CEQA) in that there are no
and the project is exempt from environmental
feasible mitigation measures or feasible
review pursuant to Sections 15301(c) of the
alternatives available which would
California Environmental Quality Act (CEQA)
substantially lessen any significant
Guidelines.
adverse impact that the activity may have
on the environment; and
3. For projects involving development
The project site is not between the first public
between the sea or other body of water
road and the sea.
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.
CONCLUSION
The proposed Sid8vv3|k. parking and dD8iOaQ8 iDlprOv8OOeOtS are consistent with the Encinitas
Municipal Code and G8D8[@| Plan. The project is CODSiSt8Ot with the Coastal O8ve|OprD8nt
Permit findings and will 8Dh8OC8 pedestrian with new SidevV8|kS and mehiCU|@[ 8CC8SS with
additional on-street parking along Coast Highway 1O1.
Based on the aforementioned findings and subject to the following conditions of approval, the
project is hereby approved.
CONDITIONS OF APPROVAL
SC2 At any time @ft8[ two y8G[S from the date of this 8pp[OV8[ UD F8b[U8[y 21, 2020 at 5
p.m., or the expiration date of any extension granted in accordance with the Municipal
ITEM NAME: Lumberyard Sidewalk /Parking Improvements
PROJECT NUMBER: 17 -060 CDP
FEBRUARY 21, 2018
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 February 1, 2018, consisting of 34 sheets including a
cover sheet, notes page, key map, improvement plans (nine sheets), horizontal control
sheet, hardscape and irrigation plans (six sheets), striping and landscape improvements
(13 sheets), all designated as approved by the Development Services Director on
February 21, 2018, and shall not be altered without express authorization by the
Development Services Department.
SCA The following conditions shall be completed /fulfilled to the satisfaction of the San Dieguito
Water District (SDWD):
1. The developer (City) shall install the water system according to SDWD standards,
and dedicate to SDWD the portion of the water system which is to be public (where
applicable).
2. The developer (City) shall show all existing and proposed water facilities on
improvement and /or grading plans for SDWD Approval.
3. The developer (City) shall comply with the SDWD fees, charges, rules and
regulations.
SCB The following conditions shall be completed /fulfilled to the satisfaction of the Development
Services Department:
1. The project has been designed to meet USEPA Green Streets standards and shall
be found by the City Engineer to be exempt from Priority Development Project
Status.
2. The existing survey monuments per Record of Survey 14228 shall be referenced on
the improvement plan and shall be protected in- place. A pre- construction Corner
Record or Record of Survey shall be filed with the County by a licensed land
surveyor prior to the demolition of the existing improvements. If any monuments
have been disturbed or demolished, a post- construction Corner Record or Record of
Survey shall be filed with the County prior to issuance of the Notice of Completion.
3. Right -of -Way Construction and Traffic Control permits shall be obtained from the
Engineering Division.
4. Any work within the adjacent properties shall not commence until a letter of
permission or appropriate easement has been submitted to the Engineering Division.
The approved construction drawings shall indicate where there will be additional
easements for Public Street Right -of -Way, Pedestrian and Drainage, etc. and
reference the recording information.
5. The existing concrete slab in front of the Rip Curl building is proposed to be
demolished. Any existing Underground Storage Tanks (UST's) associated with the
original gas service station located within the right -of -way shall be demolished and
removed per County DEH requirements.
5 of 9
ITEM NAME: Lumberyard Sidewalk/Parking Improvements
PROJECT NUMBER: 17-0S0CDP
FEBRUARY 21.3U1O
0. The existing DlOnit0[DQ vv8||S 8SsOC8tgd with the H8nGGn'S pnDPedx have been
decommissioned and demolished under permit 13324-CJ.
G1 STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
G2 This @ppFOV@| may be appealed to the City Council within 15 calendar days from the date
Of this approval iD accordance with Chapter 1.12Ofthe Municipal Code.
GG Approval of this F8qUeS1 Sh@|| not VV3iV8 CUOlp|i8DC8 with any S8CUODS of the Municipal
Code and all other applicable City [8gU|8tiODS in effect 8t the time of Building Permit
issuance unless specifically waived herein.
G13 Prior to any USS of the project site pursuant to this permit, all COOdiUODS Of 8ppn]V8|
COOt8iD8d herein shall be completed or S8CU[Sd to the S8USf8[tiOO of the OeV8|OpnOeOt
Services Department.
G24 Any VV8U. fence or CO[DbiDaUVD Ul8[GOf exceeding six feet in height and facing any
D8iQhbOhOg property D[visible from the public right-of-way shall be subject to design
[8vi8vV pUnSU8Dt to S8CUOD 23.08.040.A.1 of the EDCiDii8G Municipal Code. VVheF8 @
[OiDiOOUrD two feet hOhzQOt8| Offset is provided, within which Gc[B8OiOq vegetation is
provided to the S8tiSf8CtiOD of the Development S8rViC8S [)8p8rt08Dt, the fence/wall
may not be considered one continuous structure for purpose of measuring height and
may be exempted from design review provided none of the offset fences or walls exceed
nix feet in height pursuant to Section 23.08.030.B.1.
LANDSCAPING
L5 All masonry freestanding or retaining w/GUS visible from points beyond the project site
Sh8U be treated with 8 protective SB8|8Dt CO8UDg to f8[j|it@i8 graffiti F9DlOV@|. The
Se8/8Dt Sh8|| be of type satisfactory to the Engineering Gen/iCOS and DBV8|Up[D8Dt
88rViCeS D8p3[t08DtS. The property owner shall be [eSpODSib|8 for the r80OVa| in 8
timely manner Of any graffiti posted OO such walls.
SIGNS
S1 Any signs pnDpOS8d for this dRV8|Op0eDt shall be designed and Gpp[OV8d in
conformance with Encinitas Municipal Code Chapter 3O.0U.
E1 ENGINEERING CONDITIONS:
CONTACT TFVEDEVELOPK0ENl[ SERVICES DEPARTMENT REGARDING COMPLIANCE
VVI7[H THE FOLLOWING CONDITION(S):
E2 All City COd8S. [8QU)3UonS' and pO|iCi8S in effect at the time of building/grading p8[Dli[
issuance shall apply.
ITEM NAME: Lumberyard Sidewalk/Parking Improvements
PROJECT NUMBER: 17-08UCDP
FEBRUARY 21.2O18
E3 All drawings submitted for Engineering permits are required k} reference the NAVO88
datum; the NBVC>28 datum will not b8accepted.
EG1 Grading Conditions
EG4 The grading for this project is defined in Chapter 23.24 of the EDCiDiC8S 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 p|8O. submit F8qUi[8d reports tVthe Development Services Director and
verify compliance with Chapter 23.24Of the Encinitas Municipal Code.
EG5 NO grading shall occur outside the limits Of the project UO|8GS @ |8tt8[ Of p8[DliSSiOD is
obtained from the owners Of the affected properties.
EG8 Separate grading plans oho|| be submitted and approved and separate grading permits
issued for borrow O[disposal sites if located within the city limits.
EG7 All ORVV|y CnR8t8d S|Op8S within this project Sh8!| be OO steeper than 2:1.
EG8 ASOi|S/geO|OgiC8|/hyd[8U|iC report (as 8pp|\C8b|8\ shall be prepared by qualified 8OgiDBe[
licensed by the State {d California hD perform such work. The report shall be submitted with
the first grading plan SUhnnitt8| and Sh8|| be 8ppn3V8d prior to iSSU8OC8 of any grading
permit for the project.
EG9 Prior to hauling dirt or COOGt[UCti0D rn8te[i@|G to any proposed COOStrUC1iOn site within this
project the deV8|OpeFSh8|| submit to and [SC8iV8 8ppPDV8| from the Engineering Services
Director for the proposed haul route. The developer shall comply with all COOditiVOS and
requirements the Engineering GerViCSG Director may impose with regards tOthe hauling
Ope[8UOO.
EG10 |n accordance with Section 23.34.37O(A)[f the Municipal Code, OO grading permit shall b8
issued for work occurring between October 1st of any year and April 15th of the following
ye8[. UO|8SS the p|8OS for such VVOd{ iOC|Ud8 details of protective rneG3uFeS, including
d8Si|UDg b@SiDS or other t8nlpOr8[y dF8iO8g8 OF COOtn3| nn888UF8S. Or both. as may be
deemed necessary by the field inspector to protect the adjoining public and private property
from damage by 8n]SioD. Oo0diDQ, or the deposition of mud or debris which may originate
from the site O[ result from such grading operations.
ED2A An 8rOSkJD control ovateDl Sh8U be designed and iOSt8U8d ODSUB dUhDQ all CUDGtRJCtiOD
activity. The avate[n shall p[8V8Dt discharge Of S8diOlgDt and all other pOUUt8DtS Unto
8dU8CSDt streets and into the StV0O drain Sy3t8nl. The City Of Encinitas Best M@O8g8nlHDt
Practice M8OU8) Sh8|| b8 employed tO determine appropriate storm water pollution CODtF0|
practices during construction.
EO3 Ad[8iD8gS SySt8Dl capable of handling and disposing of all surface water originating within
the project site, and all surface VV8t8rS that may f|OVY ODtO the project site from Gdi8C8Dt
lands, shall b8required. Said drainage system shall include any easements and structures
required hy the Engineering Services Director tO properly handle the drainage.
ITEM NAME: Lumberyard Sidewalk /Parking Improvements
PROJECT NUMBER: 17 -060 CDP
FEBRUARY 21, 2018
ED7 Concentrated flows across driveways and /or sidewalks shall not be permitted.
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 Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
EW 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.
ESW1 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. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non - erodable landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a rip -rap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hnrdscaped areas and driveways shall
be sloped toward grassy and landscaped areas. Driveways with a grass or gravel lined
swale in the middle can be used if the site topography does not allow for the discharge
of driveway runoff over landscaped areas. The Street Improvement Plan shall identify
all landscape areas designed for storm water pollution control (SWPC). A note shall be
placed on the plans indicating that the BMPs are to be privately maintained and the
facilities not modified or removed without a permit from the City.
ESW4 Priority Projects shall implement a single or a combination of storm water Best
Management Practice methods in order to reduce to the maximum extent practicable the
quantity of pollutants entering the public storm drain system or any receiving body of
water supporting beneficial uses. All Priority Projects shall construct and implement a
structural treatment control BMP, such as natural bio- filtration system or a treatment
detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or
greater than the volume generated by a 0.6 -inch precipitation storm event in a duration
of twenty -four hours or the maximum flow rate produced by a rainfall of 0.2 inches during
each hour of a storm event. The filtration system shall be designed based upon best
management practice standards and must be approved by the City Engineer. A
covenant approved by the City shall be recorded against the property to ensure the
professional maintenance, repair, and replacement of the storm water quality BMP as
necessary into perpetuity. The covenant shall also detail the funding mechanism for the
required maintenance. A Street Improvement Plan identifying all landscape areas
designed for storm water pollution control (SWPC) and Best Management Practice shall
be submitted to the City for Engineering Services Department approval. A note shall be
. •
ITEM NAME: Lumberyard Sidewalk /Parking Improvements
PROJECT NUMBER: 17 -060 CDP
FEBRUARY 21, 2018
placed on the plans indicating that the BMPs are to be privately maintained and the
facilities not modified or removed without a permit from the City.
ESW5 The project must meet storm water quality and pollution control requirements. The
applicant shall design and construct landscape and /or turf areas and ensure that all
flows from impervious surfaces are directed across these areas prior to discharging onto
the street. A Street Improvement Plan identifying all landscape areas designed for
storm water pollution control (SWPC) and Best Management Practice shall be submitted
to the City for Engineering Services Department approval. A note shall be placed on the
plans indicating that the modification or removal of the SWPC facilities without a permit
from the City is prohibited.
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'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
Development Services Department 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 p.m. on the 15`h calendar day following the date of this Notice of Decision. Any
filing of an appeal will 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
an action is taken on the appeal. The action of the Development Services Department may
not be appealed to the Coastal Commission.
SIGNATURE
Roy Sa a'u °
City',Plan er
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