2018-034 North Coast Highway 101 Streetscape RESOLUTION 2018-34
A RESOLUTION OF THE CITY OF ENCINITAS CITY COUNCIL
APPROVAL OF THE DESIGN REVIEW PERMIT AND COASTAL
DEVELOPMENT PERMIT FOR STREETSCAPE IMPROVEMENTS IN A
2.5 MILE STRETCH OF NORTH COAST HIGHWAY 101 INCLUDING
LANE DIET, ROUNDABOUTS, PARKING AND PARK ASSIST LANES,
BICYCLE FACILITIES, LANDSCAPING AND DECORATIVE
HARDSCAPE, STREET FURNITURE AND DRAINAGE
IMPROVEMENTS BETWEEN LA COSTA AVENUE AT THE NORTH
END AND `A' STREET AT THE SOUTH END; AND FOR TEMPORARY
CONSTRUCTION TRAILERS AND STAGING AREAS TO BE
REMOVED PRIOR TO COMPLETION OF THE PROJECT
(CASE NO. 10-035 DR/CDP/EIR; N. COAST HIGHWAY 101 BEWTEEN
A STREET AND LA COSTA AVENUE)
WHEREAS, the City of Encinitas submitted an application for a Design Review Permit
and Coastal Development Permit for streetscape improvements on N. Coast Highway 101 to
improve walkability and increasing bicycle facilities through lane reductions, construction of
roundabouts, buffered bicycle lanes, pedestrian crosswalks, sidewalks, bus facilities, increased
parking, drainage and storm water quality improvements, and beautification including
landscaping, enhanced pavement accents and public art located on North Coast Highway 101
between La Costa Avenue and A Street; and temporary construction trailers and staging areas
to be removed prior to completion of the project;
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on March 1, 2018, at which time all those desiring to be heard were heard;
WHEREAS, the City Council conducted a duly noticed public hearing on March 21,
2018;
NOW, THEREFORE, BE IT RESOLVED that the Encinitas City Council hereby
APPROVES Case No. 10-035 DR/CDP/EIR based on the following Environmental
Determination and Findings:
Section 1. California Environmental Quality Act (CEQA) Determination
An Environmental Impact Report (EIR) was prepared for the project to identify the significant
effects of the project on the environment, to identify alternatives, and to indicate the manner in
which the significant effects can be mitigated or avoided. Pursuant to the CEQA Guidelines, a
45-day public review and comment period was established (December 2, 2016 to January 16,
2017) for the Draft Environmental Impact Report (EIR). Additionally, a supplemental 45-day
public review and comment period was established (March 14, 2017 to April 28, 2017) for
recirculation of portions of the Draft EIR. The recirculated Draft EIR reevaluated the project's
impact on emergency services. Responses to public comments on the Draft EIR have been
prepared and are included in the Final EIR.
The EIR concludes that the Project would result in potentially significant effects on traffic
circulation and fire protection services. As part of the EIR's impact analysis, it was determined
that the significant traffic circulation impacts are unavoidable; however, the project's impact on
fire protection services can be mitigated below a level of significance.
Traffic Circulation Impacts
The significant traffic circulation impacts would occur at a road segment of North Coast Highway
101 and an Interstate southbound onramp during build-out (Year 2035) conditions. At the
southbound North Coast Highway 101 segment between Leucadia Boulevard and El Portal
Street, the project would cause operating conditions to worsen to unacceptable (Level of
Service "E") conditions. It should be noted that the impact at the North Coast Highway 101 road
segment would be avoided if the City's Housing Element Update, approved by the City Council
in 2016, is not implemented. At the southbound Interstate 5 onramp from Leucadia Boulevard,
the project would add another 2.4 minutes of delay to future conditions already projected to be
unacceptable by Caltrans' standards. Project impacts at the 1-5 on-ramps could be mitigated if
the discharge rates from the metering at these ramps could be adjusted slightly higher (i.e.,
increasing the average discharge rate by two vehicles/hour/lane) resulting in less delay and
queuing. However, there is no guarantee that such adjustments of these ramp meters can occur
since they are controlled by another agency (Caltrans) and not the City.
Pertaining to the unavoidable impact to traffic circulation on southbound North Coast Highway
101 segment between Leucadia Boulevard and El Portal, the EIR states that the City must
adopt a "Statement of Overriding Considerations" pursuant to CEQA Guidelines Sections 15043
and 15093. The CEQA provisions allow a lead agency to cite a project's general economic,
social, or other benefits as justification for choosing to allow the occurrence of specified
significant environmental effects that have not been avoided. The CEQA provisions require the
agency to provide in writing the specific reasons to support its action to approve a project with a
statement of overriding considerations indicating that a project's benefits outweigh the
unavoidable significant effects. The overriding consideration statement must be supported by
substantial evidence.
The City of Encinitas, as the lead agency, finds that the Project as proposed would have the
substantial legal, social, environmental, and economic benefits that outweigh the unavoidable
impacts to traffic circulation.
Fire Protection Services Impacts
The impacts on fire protection services are associated with the construction of the four of the six
proposed roundabouts located at Jupiter Street, Grandview Street, Bishop's Gate Road and
"New Road". These roundabouts would be located within an area where the Fire Department's
emergency response time goals are not currently met. The EIR determined that the traffic
calming effects of the proposed roundabouts would worsen the existing substandard response
times, resulting in significant indirect effects on public safety. These significant effects would be
mitigated below a level of significance by implementing Mitigation Measure 3.4-1, which would
require the Fire Department's staging of emergency response vehicles in the project corridor
prior to construction of the four roundabouts.
City Council Resolution No. 2018-35 required compliance with Mitigation, Monitoring and
Reporting Program (MMRP) and the mitigation that are required for the project. The City Council
certify the Final Impact Report as complete through City Council Resolution No. 2018-35.
Section 2. Discretionary Action(s) Findings
Based on the findings for a Design Review Permit (Encinitas Municipal Code Section
23.08.080) and the aforementioned analysis, City Council has made the following findings
to support the approval, with conditions:
Findings for Design Review Permit Explanation of Finding
1. The project design is inconsistent with the With approval of the requested General Plan
General Plan, a Specific Plan, or the and North 101 Corridor Specific Plan
provisions of the Municipal Code. amendments, the project is consistent with the
General Plan, North 101 Corridor Specific Plan
and applicable provisions of the Municipal
Code.
2. The project design is substantially The project is consistent with the Design
inconsistent with the Design Review Recommendations of the North 101 Corridor
Guidelines. Specific Plan. The addition of roundabouts,
creative crosswalk designs, enhanced
pavement and landscaping, public art,
decorative trash receptacles, benches and
lighting all strengthen the eclectic scenic
highway environment.
3. The project would adversely affect the With the implementation of the mitigation
health, safety, or general welfare of the measures identify in the EIR and the
community. conditions of approval, the project will not
adversely affect the health, safety, or general
welfare of the community. The project will
improve walkability and bicycle facilities on
North Coast Highway 101 by creating safe
pedestrian crossings and pathways, buffered
bicycle lanes and bus turnouts.
4. The project would cause the surrounding The proposed project will not cause the
neighborhood to depreciate materially in surrounding neighborhood to depreciate
appearance or value. materially in appearance or value. The
improvements will increase the appearance
and value of the scenic highway and the
surrounding area.
Based on Encinitas Municipal Code Section 30.80.090A, findings for a Coastal
Development Permit, and the aforementioned analysis, City Council has made the
following findings to support the approval, with conditions:
Finding for Coastal Development Permit Explanation of Finding
1. The project is consistent with the certified With the approval of the General Plan, Local
Local Coastal Program of the City of Coastal Program and North 101 Corridor
Encinitas; and Specific Plan amendments and implementations
of conditions of approval, the project will be
consistent with the certified Local Coastal
Finding for Coastal Development Permit Explanation of Finding
Program. The Project will maintain existing
public access to the shoreline and will
enhance and provide other modes of
transportation for residents, business owners
and visitors to access the shoreline through
the expansion and addition of pedestrian
pathways and safe crosswalks, bicycle lanes,
parking and bus stops. Crosswalks are
strategically placed in areas where
pedestrians can safely walk to Moonlight
Beach, Stone Steps, Beacons Beach and
Grandview beach access points. . Increasing
multi-modal facilities and access to those
facilities will likely reduce the dependency on
the personal automobile and would encourage
walking and biking to access the local
beaches.
The Project will also increase the number of
on-street parking spaces provided along the
corridor with pedestrian connectivity to existing
nearby beaches.
The Project will enhance the North Coast
Highway 101 scenic area through slowing the
traffic through the corridor and enhancing the
physical environment through decorative
hardscape, public art, decorative lighting, trash
receptacles, benches, and enhanced
landscaping and tree canopies.
2. The proposed development conforms with The project conforms with Public resources
Public Resources Code Section 21000 Code Section 21000 (CEQA). In addition, The
and following (CEQA) in that there are no Environmental Impact Report (EIR) prepared
feasible mitigation measures or feasible for the project concluded that the Project
alternatives available which would would result in potentially significant effects on
substantially lessen any significant traffic circulation and fire protection services.
adverse impact that the activity may have As part of the EIR's impact analysis, it was
on the environment; and determined that the significant traffic
circulation impacts are unavoidable and a
statement of overriding considerations with
findings are being issued to authorize the
project with the unavoidable impact; however,
the project's impact on fire protection services
can be mitigated below a level of significance.
3. For projects involving development This finding is not applicable because the
between the sea or other body of water project is not located between the sea and the
and the nearest public road, approval nearest public road.
shall include a specific finding that such
development is in conformity with the
Finding for Coastal Development Permit Explanation of Finding
public access and public recreation
policies of Section 30200 et. seq. of the
Coastal Act.
The above environmental determination and findings are supported by the minutes, maps, and
exhibits, all of which are herein incorporated by reference.
BE IT FURTHER RESOLVED that based on the Environmental Determination and
Findings, City Council approves Case No. 10-035 DR/CDP/EIR subject to the conditions in
Exhibit B.
PASSED AND ADOPTED this 21St day of March, 2018, by the following vote, to wit:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca
NOES: Muir
ABSTAIN: None
ABSENT: None
Catherine S. Blakespear, Mayor
ATTEST:
Kathy H llywood, City Clerk
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for
legal challenges.
EXHIBIT"B"
Resolution No. CC 2018-34
Case No. 10-035 DR/CDP/EIR
Applicant: City of Encinitas
Location: North Coast Highway 101 between La Costa Avenue and A Street
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on March 21, 2020, at 5 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).
SC5 This project is recommended for approval as set forth on the application and project
drawings stamped received by the City on January 31, 2018, consisting of 175 sheets
including Cover Sheet, Index and Details (Sheets 1-3), Cross Sections (Sheets 3B & C),
Demolition and Rough Grading (Sheets 4-17), Improvement Plans (Sheets 18-66), Signing
& Striping Plans (Sheets 67-73), Pole Schedule (Sheets TS1-TS2), Construction Traffic
Control Plans (Sheets 74-97, Landscape Plans (Sheets 98-140), Electrical (Sheets 141-
170) , as well as the Art Program and Existing Trees Exhibit plans all approved by City
Council on March 21, 2018, and shall not be altered without express authorization by the
Development Services Department.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Development Services Department:
1. Prior to issuance of grading permit/initiating use in reliance on this approval, necessary
amendments to the General Plan and the North 101 Corridor Specific Plan as
authorized by the City Council under Ordinance No. 2018-05 shall be approved by the
California Coastal Commission.
2. The City Arborist shall review and approve the landscape plans prior to issuance of
grading permit. The City Arborist shall monitor the conditions of existing trees during all
phases of the construction.
3. The Traffic Control Plans shall incorporate a safe interim bicycle and pedestrian route
during construction.
4. Construction plans shall reflect the most recent El Portal undercrossing plans.
5. A decomposed granite (DG) sidewalk and/or trail shall be provided on the east side of
N. Coast Highway 101 where feasible and safe.
6. All areas requiring dedications/authorization from adjacent private property owners
and easements/authorization from NCTD shall be clearly identified and noted on the
grading plans.
7. Locations of bicycle racks shall be clearly depicted on the grading/landscape plans for
review and approval by the Planning Division. Bicycle racks shall be provided at the
Leucadia Road Side Park.
8. A final landscape plan identifying the type of plant species, quantities, height at maturity
level and their locations consistent with the North 101 Corridor Specific Plan shall be
reviewed and approved by the Planning Division and Parks and Recreation Department
prior to issuance of any construction permit for the project. Invasive Plant Species shall
not be permitted.
9. A minimum of 1,141 trees (302 existing trees to remain and 839 new trees) shall be
provided and maintained throughout the project corridor in medians and parkways.
10. The City of Encinitas shall obtain North County Transit District (NCTD) approval for all
encroachments into NCTD right-of-way prior to issuance of any construction permit or
initiating use in reliance on this approval.
11. The project is designed to meet USEPA Green Streets standards and has been
found by the City Engineer to be exempt from Priority Development Project Status.
However, future phases of the project shall be designed in compliance with the most
current MS4 NPDES permit in effect at the time of construction to the satisfaction of
the City Engineer.
12. As identified in the Rick Engineering Hydraulic Study and Report from 2004, certain
areas of the project fall within the Leucadia Flood Problem area. The project shall
ensure that the proposed improvements do not displace the water that is ponded in
these areas as a result of a 10-year storm event which would result in an increase in
water surface elevation and negative impacts to additional properties. The proposed
grade changes, pavement overlay, placement of curb, gutter, sidewalk, planter
areas, etc. shall be accounted for in the analysis.
13. The construction drawings shall show ALL record survey monuments within the
bounds of the project. All monuments, property corners, centerline monuments,
survey control points, etc. shall be preserved or reset by a licensed land surveyor. It
is likely that a large number of these monuments will be destroyed/damaged during
construction. A preconstruction Record of Survey shall be prepared to document
these points and facilitate their replacement. Additionally, new M-10 centerline
monuments shall be installed at the intersection of all road centerlines with N. Coast
Highway 101.
14. The project shall obtain coverage under the California State General Construction
Permit. A SWPPP and NOI shall be filed and a QSP shall be contracted to ensure
construction storm water compliance during construction.
SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the San
Dieguito Water District (SDWD):
1. All existing and proposed water facilities shall be shown on the improvement plans
for SDWD Approval. SDWD to sign final plan set.
2. Infiltration of storm water from proposed bioretention basins shall not infiltrate
existing water main trench line. Prevention of infiltration shall be to the satisfaction of
SDWD.
3. For all proposed trees, five feet (minimum) separation required from outside edge of
tree box to existing water main.
4. For proposed tree locations adjacent to existing water main, tree root barriers shall
be installed. The root barrier shall extend below the depth of the existing water main.
5. Existing water service laterals in N. Coast Highway 101 that are existing plastic shall
have new copper service laterals installed per SDWD standards.
6. All existing water meters that are to be relocated shall have the private plumbing
reconnected by the Contractor.
7. All existing backflow preventers that are to be relocated shall be re-tested and
certified per SDWD standards prior to continuance of water service.
8. The water system(s) shall be installed in accordance with SDWD standards.
9. District Ordinance No. 94-01 states that the use of potable water on landscaping
areas may be deemed an unreasonable use when reclaimed water becomes
available. Reclaimed water is not available at this time. All landscaping irrigation
shall be installed to reclaimed water standards for future conversion.
SCC The following conditions shall be completed and/or fulfilled to the satisfaction of the
Leucadia Wastewater District (LWD):
1. No trees shall be placed within five feet of LWD sewer facilities. All LWD sewer
mains within 10 feet of existing or proposed trees shall be CIPP lined per LWD
Standard Specifications Division 2 Part 5 Section 500.
2. All LWD manholes within the project boundaries shall be adjusted to finished grade,
epoxy lined, and given new manhole covers, all per LWD Standard Specifications
Division 1 Part 3 Section 3.04. New manholes, if any, shall be lined with integrally
locking PVC liner per LWD Standard Specifications Division 1 Part 3 Section 3.04.
3. Space shall be provided for a future Leucadia Wastewater District generator
immediately east of Diana Street across N. Coast Highway 101 subject to North
County Transit District approval. The space provided shall be approximately 15 feet
by 20 feet and have a parking space reserved for LWD staff nearby. Conduits
crossing N. Coast Highway 101 for the proposed generator shall be constructed with
the Leucadia Streetscape project.
SCD The following conditions shall be completed and/or fulfilled to the satisfaction of the Fire
Department:
1. ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall be
not less than 20 feet; curb line to curb line. Access roads shall be designed and
maintained to support the imposed loads of not less than 75,000 pounds and shall
be provided with an approved paved surface to provide all-weather driving
capabilities and provide a vertical clearance of not less than 13 feet 6 inches.
• Fire access roadway shall meet the minimum fire code width of not less than 20
feet measured from inside of curb line to inside of curb line.
• Parking shall not obstruct fire access roadway and allow for an eight-foot wide
parallel parking space. Angle parking shall meet the minimum standard parking
width and not obstruct the fire access roadway.
• The minimum neck down travel lanes shall not be less than 14 feet, measured
from inside of curb line to inside of curb line when access roadways have
separated lanes of one-way traffic.
• Where fire hydrants are located along the fire access roadway, the fire code
requires a minimum lane width of 26 feet, exclusive of shoulders, and shall be
provided in proximity of any fire hydrant. The road width of 26 feet shall be
measured a distance of 15 feet from the center of hydrant, to each side of a fire
hydrant. This will allow fire apparatus to pull over to use the hydrant and allow
other fire apparatus to pass.
• Emergency access points to parcels APN 254-054-55 and APN 254-060-30 shall
be provided with a surface approved by the Fire Marshal.
• Turning radius shall be provided for all fire access roadways without driving over
curbs (to include mountable curbs). All turns within the roundabouts, streets and
driveways that are part of the fire access shall demonstrate the ability to
maneuver fire apparatus without mounting curbs.
2. FIRE ACCESS ROADWAY EXCEPTION: Gated entrances with card readers, guard
stations or center medians, which have separated lanes of one-way traffic, shall be
not less than 14 feet wide per lane.
3. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a
type, number, and location satisfactory to the Encinitas Fire Department. A letter
from the water agency serving the area shall be provided that states the required fire
flow is available. Multi-family residential or industrial fire hydrants shall have two (2)
four inch and two (2) 2 '/2" inch NST outlets. Residential fire hydrants shall have one
(1) four inch NST outlet, and one (1) 2 '/z" inch NST outlets.
• Relocated fire hydrants shall be spaced a minimum of every 300 feet or as
approved by the Fire Marshal. A three-foot clear space shall be provided and
maintained around the circumference of fire hydrants. NOTE: per the California
Vehicle Code, no parking is allowed within 15 feet of either side of fire hydrants.
• Where streets are provided with median dividers that cannot be crossed by
firefighters pulling hose lines, fire hydrants shall be provided on the east side of
Highway 101, spaced an average of 500 feet.
4. Final engineered project plans shall be reviewed and approved by the Encinitas Fire
Department to ensure final project design specifications provide for acceptable
emergency vehicle response. Such review may include modifications to planters,
medians, sidewalks, street furniture, parking areas, fire hydrant locations, and/or
roadway delineation.
SCE The following conditions were recommended by the Planning Commission:
1. Traffic calming measures shall be installed on Vulcan Avenue to the satisfaction of
the City Engineer. A follow up speed survey shall be conducted on Vulcan Avenue
to determine if speed reduction is warranted. In addition, the City shall analyze the
Vulcan Avenue and La Costa Avenue intersection to determine if a signalized
intersection is warranted;
2. All efforts shall be made to maximize the preservation of existing Eucalyptus trees
along the corridor to the greatest extent feasible with coordination with the City
Arborist; and
3. An additional crosswalk/crossing shall be installed at Avocado Street.
G1 STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter
30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 working days following the
Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by
the Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
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.
G18 In accordance with the provisions of the Off-Street Parking Design Manual, all parking
spaces (except handicapped spaces) shall be delineated by double-line striping consisting
of 4-inch wide painted white lines one to two feet apart, and all parking areas with more
than one row of parking spaces shall have directional signs or painted directional arrows
where one way travel is necessary to guide traffic, all of which shall be indicated in building
plans and found satisfactory by the Development Services Department prior to final
approval of the project's building permit. Adjacent to the sides of the parking lot landscape
islands, stalls shall be provided with a 12-inch wide concrete strip adjacent to the island's
curb.
G19 Parking area shall be screened from adjacent properties and/or public view with decorative
wall(s) and/or landscaping. Said screening shall be reviewed and approved by the
Development Services Department prior to building permit issuance.
G22 All utility connections shall be designed to coordinate with the architectural elements of the
site so as not to be exposed except where necessary. Locations of pad mounted
transformers, meter boxes, and other utility related items shall be included in the site plan
submitted with the grading permit application with an appropriate screening treatment.
Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be
placed above ground provided they are screened with landscaping.
LANDSCAPING
L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape
Program), which requires a landscape and irrigation plan to be prepared by a State
licensed landscape designer. The requirements for the plans are listed in Chapter 23.26.
The landscape and irrigation plans including the required signature block of the State
licensed landscape designer must be submitted as part of the building permit application for
the project.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping, buffering,
and screening requirements. All landscaping and irrigation systems shall be maintained in
a manner that will not depreciate adjacent property values and otherwise adversely affect
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code
and the City's Offstreet Parking and Design Manual incorporated by reference therein.
SIGNS
S1 Any signs proposed for this development shall be designed and approved in conformance
with Encinitas Municipal Code Chapter 30.60.
DESIGN REVIEW
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.
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.