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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 2 of 9 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. 3 of 9 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 9of9