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2021-44 - EG'ECITY OF ' � NOTICE OF DECISION ncinitas Development Services Department DEVELOPMENT SERVICES DEPARTMENT Project Name: Parking Lot Resurfacing Request: Demolition, grading and asphalt resurfacing of an existing 40,168 square foot at -grade parking lot section. Discretionary Actions: Coastal Development Permit (CDP) CEQA Determination: Exempt DECISION: APPROVED Project Number: CDP-004429-2021 DSD Number: 2021-44 Location: 1010 S. Coast Highway 101 Community: Old Encinitas APN: 258-317-05, 258-317-07 & 258-317-08 Applicant: Travis Shain, White Construction Representative: Chris Miller Project Planner: Kevin Parker, AICP, Associate Planner .:.g2y Decision Date: August 30, 2021 Report Approval: ® Anna Colamussi, Planning Manager PROJECT DESCRIPTION A request for a Coastal Development Permit (CDP) for the demolition, grading and asphalt resurfacing of an existing 40,168 square foot at -grade parking lot section (Project Site). The project includes the installation of new storm drain facilities, and a backflow preventer. Once resurfaced, the parking lot section is proposed to be restriped according to its previous condition, maintaining 58 stalls and three ADA stalls, for a total of 61 parking stalls. All trees are proposed to be protected in place during installation. Furthermore, the project includes the removal of the PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 sites existing decompressed granite gravel and temporary fencing, which was permitted with an Emergency Coastal Development Permit (ECDP-4280-2020) on February 1, 2021. PROJECT ANALYSIS Background: On January 20, 1997, the subject property received approval for a Minor Use Permit and Coastal Development Permit (96-86 MIN CDP) with DCD 96-42 for a church use. The Approved site plan consisted of 78 at -grade parking stalls (which included four ADA parking stalls). On August 19, 2020, Building Permit MEPC-011580-2020 was issued to replace five light poles within the Project Site, with five new LED light poles. The permit included an approved updated photometric plan. On October 2, 2020, the City issued a Notice of Violation for the unpermitted demolition and grading to the at -grade parking lot (Project Site). The City allowed the Applicant to apply for an Emergency Coastal Development Permit to temporarily restore the disturbed portion of the parking lot, while pursuing a Coastal Development Permit. On February 1, 2021, the Applicant received approval for an Emergency Coastal Development Permit (ECDP-4280-2020), to temporarily restore the parking lot section with decomposed granite gravel. Condition of Approval #SCA from the Emergency Coastal Development Permit required the Applicant to apply for a Coastal Development Permit within 10 days. The Applicant applied for a Coastal Development Permit for this project on March 10, 2021. Project Site Characteristics: The table below summarizes the General Plan Designation, Zoning District, Overlay Zones, Community Character Context and other notable City plans that pertain to the project site: General Plan: General Commercial GC Specific Plan: Downtown Encinitas Specific Plan -Downtown - Commercial Mixed -First Street (D-CM-1) (First Street Corridor Subdistrict Zoning District: Commercial Mixed-1 Zoning Overlay: Coastal Overlay Zone Community Character Context: Main Street Corridor: At -grade parking lots should be located behind buildings with access from alleys and side streets. Other Key City Plan: None Notable State or Regional Plan and Law: None The First Street Corridor Subdistrict (D-CM-1) encourages pedestrian -oriented commercial as a primary land use, with residential as a secondary land use. The subject property is located within the Coastal Overlay Zone. Adjacent Area: The Project Site is located within the community of Old Encinitas, east of Second Street, south of I street, and north of J Street. The following table summarizes the existing characteristics of the immediate surrounding area of the subject property: 2of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 Direction General Plan & Community Character Land Use Zoning District Context North GC/D-CM-2 (Second Main Street Corridor Commercial land uses: a Street Corridor yoga studio, and two cafes. Subdistrict South GC/D-CM-2 (Second Main Street Corridor An at -grade parking lot. St Corridor Subdistrict East GC/D-CM-1 (First St Main Street Corridor Various commercial retail. Corridor Subdistrict West GC/D-CM-2 (Second Main Street Corridor Dental/General offices & St Corridor Subdistrict) Single -Family Residential. 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 Policy Explanation of Project Conformance LU-37 General Commercial The General Commercial land use designation represents the largest source of sales tax revenue for the City. The subject property is within the First Street Corridor Subdistrict which is intended to "serve the needs of persons visiting the City for business and/or recreational purposes." The proposed project restores the quantity of off-street parking, previously utilized by the surrounding commercial land uses. LU-68 Land Use Policy: Elimination of blighted and underutilized commercial Community of Old Encinitas. properties located along the entire length of Highway 101. Commercial Revitalization The resurfacing of the proposed at -grade parking lot will provide additional pervious surfaces for better stormwater management. The resurfaced parking lot will provide improved aesthetics to the previous deteriorating parking lot. Municipal Code Analysis The subject property is located within the Commercial Mixed-1 (D-CM-1) zoning district. The proposed resurfaced parking lot will be restored to the previous conditions of approved site plan 96-86 MIN CDP. The proposed resurfaced parking lot spans across three parcels (APN: 258-317- 05, 258-317-07 & 258-317-08). The development standards of the D-CM-1 zone are not affected as the scope of work is to only resurface an existing parking lot. Parking The site is legal non -confirming as it does not meet all of the Downtown Encinitas Specific Plan and Off -Street Parking Design Manual dimensions. However, no changes are being proposed and the non -conformity is unchanged from the previously approved site plan from Minor Use Permit and Coastal Development Permit 96-86 MIN/CDP (DCD 96-42). 3of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 Landscaping The project site is legal non -conforming as it does not meet all the landscaping standards outlined in the DESP and Chapter 30.54. However, no changes are being proposed and the non- conformity is unchanged from the previously approved site plan from Minor Use Permit and Coastal Development Permit 96-86 MIN/CDP (DCD 96-42). Condition of Approval # SCA3 has been added to ensure that the existing trees on the project site will be protected in place, and will comply with the landscaping standards listed in the Downtown Specific Plan for the First Street Corridor Subdistrict "All trees in paved areas shall be provided with "deep root" barriers and a 4-foot diameter tree well with automatic irrigation and metal grates." All other non -conformities remain unchanged with this application. Grading The proposed project will require an approved Grading Plan. Standard Condition of Approval # GRD 03 will ensure the Applicant submits a Grading Plan for review and obtains a Grading Permit, prior to the commencement of any clearing or grading of the site. Design Review Exemptions The project is exempt from design review pursuant to Encinitas Municipal Code section 23.08.030(B)(3), which exempts maintenance work on grounds which does not significantly alter the appearance or function of the grounds. The parking lot will be restored to its original layout. Local Coastal Program Consistency The project is consistent with the goals, policies and development standards of the City's certified Local Coastal Program, comprised of applicable provisions of the General Plan and the Municipal Code. Therefore, the project is consistent with the City's Local Coastal Program. No potentially significant adverse impacts to the environment will result from the project, and the project is exempt from environmental review. The project is located within the Coastal Zone but is not located within the California Coastal Commission's appeal jurisdiction and may not be appealed to the California Coastal Commission. PUBLIC NOTICE AND PARTICIPATION Public Notice The Notice of Pending Action for the Coastal Development Permit was mailed on August 5, 2021 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 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 internet site under "Public Notices." No comments were received in response to the public notices or throughout the process. Public Input No comments or concerns were submitted for the project. 4of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 ENVIRONMENTAL CONSIDERATIONS The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15311. CEQA Guideline Section 15311 (Accessory Structures) exempts small parking lots. DISCUSSION The Applicant is proposing a demolition and resurfacing of an existing 40,168 square foot at - grade parking lot section (Project Site). The project includes installation of new storm drain facilities, and a backflow preventer. Once resurfaced, the parking lot section is proposed to be restriped according to its previous approved condition as indicated on approved site plan 96-86 MIN CDP, maintaining 58 stalls and three ADA stalls, for a total of 61 parking stalls. The north section of the parking lot has not been disturbed and is not part of the project site. Once the proposed project is complete, the parking inventory for the entire parking lot will be 78 parking stalls (of which four are ADA). All trees are proposed to be protected in place during installation (COA# SCA3). Furthermore, the project includes the removal of the sites existing decompressed granite gravel and temporary fencing, which was permitted with an Emergency Coastal Development Permit (ECDP-4280-2020) on February 1, 2021. As conditioned, all findings can be made to support the approval of the Coastal Development Permit for the proposed project. FINDINGS Based on the findings for a Coastal Development Permit as 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: Findings for Coastal Development Permit Explanation of Finding 1. The project is consistent with the certified The project site has a General Plan land use Local Coastal Program of the City of designation of General Commercial (GC). The Encinitas; and GC land use designation is intended to serve the needs of persons visiting the City for business and/or recreational purposes. Restoring the parking lot to its previously approved condition will provide additional off- street parking inventory to the commercial businesses in the area. Furthermore, visitors traveling to the City by way of personal or rental vehicles, will be served by the proximity of the off-street parking amenity to the nearby restaurants and retail businesses. The project complies with the applicable General Plan goals and policies of the GC zoning standards. Restoring the parking lot to the conditions of approved Site Plan 96-86 MIN CDP will allow the parking lot to remain legal non -conforming. Therefore, the project is consistent with the Local Coastal Program of the City of Encinitas. 2. The proposed development conforms with No potentially significant adverse impacts to Public Resources Code Section 21000 the environment would result from the project. and following CEQA in that there are no The project is exempt from environmental 5 of 11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 feasible mitigation measures or feasible review pursuant to the California alternatives available which would Environmental Quality Act (CEQA) Guidelines substantially lessen any significant Section 15311. CEQA Guideline Section adverse impact that the activity may have 15311 (Accessory Structures) exempts small on the environment; and parking lots. 3. For projects involving development Finding No. 3 is not applicable since the project between the sea or other body of water site is located on the east side of Second Street, and the nearest public road, approval shall which is not located between the first public include a specific finding that such road and the Pacific Ocean. development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. CONCLUSION The Development Services Department determined the Coastal Development Permit application and plans 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. Restoring the parking lot to the conditions of approved Site Plan 96-86 MIN CDP will allow the parking lot to remain legal non- conforming. Based on the aforementioned facts and findings, and subject to the following conditions of approval, the project is hereby approved: CONDITIONS OF APPROVAL SC1 SPECIFIC CONDITIONS: SCA The following conditions shall be completed/fulfilled to the satisfaction of the Development Services Department: En_gineerin_g Special Conditions 1. The project proposes the use of pervious asphalt on an approved pervious base to replace the parking lot to avoid state stormwater quality regulations. The final design of the pavement section shall be approved on the project's grading plan. The project's soils engineer shall observe and certify that the pervious asphalt section was installed correctly and is considered pervious at the conclusion of construction. A water test in the field to demonstrate permeability may be required prior to project sign off. Additionally, the property owner shall maintain the parking lot in a manner than ensures continued permeability and shall not overlay or seal coat it in the future. Separate stormwater BMPs shall be provided for the small portion of parking lot proposed with traditional paving. Building Special Conditions: 1. The resurfacing of the parking lot should comply with all ADA standards and the grade of the proposed ADA paths of travel shall be no larger than at one -quarter inch per foot. 2. The applicant shall submit a complete set of construction plans to the Development Services Department for building permit plan check processing. The submittal shall include a Soils/Geotechnical Report, and approved grading plans. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes. These comments are preliminary only. A comprehensive plan check will 6of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. Plannin_p Special Conditions: 1. All trees in paved areas shall be provided with "deep root" barriers and a 4-foot diameter tree well with automatic irrigation and metal grates. All trees shall be protected in place during demolition, grading and construction on the subject property. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): A 01 Approval - General: At any time after two years from the date of this approval, on August 31, 2023 at 5 p.m., or the expiration date of any extension granted in accordance with the Municipal Code, the application shall be deemed expired as of the above date. A 02 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. A 04 This project is conditionally approved as set forth on the application received by the City on March 10, 2021 and Civil Plans received by the City on August 23, 2021, consisting of two sheets (Sheet 1 Civil Site Plan and Sheet 2 Erosion Control Plan), all designated as approved by the Development Services Director on August 31, 2021, and shall not be altered without express authorization by the Development Services Department. A 05 Approval - General: All conditions of approval from Minor Use Permit and Coastal Development Permit 96-86 MIN/CDP (DCD 96-42) shall remain in full force and effect unless specifically modified herein. A 08 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. A 09 Prior to Building Permit Final, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Development Services Department. COV 01 Prior to Building Permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Development Services Director. DF 01 Development Fees: The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Building Permit issuance / Building Permit final inspection / issuance of a Certificate of Occupancy / initiating use in reliance on this permit / Grading Permit 7of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 issuance to the satisfaction of the Development Services Department. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. 101 Indemnification: To the maximum extent permitted by law, the Owner(s) shall waive any claims of liability against the City, and shall indemnify, hold harmless and defend the City of Encinitas, and its agents, officers and employees from and against any and all actions, claims, damages, liabilities and/or proceedings arising from: (i) the City's approval of any and all entitlements or permits relating to the project; (ii) any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the Owner(s) or its contractors, subcontractors, agents, employees, or other persons acting on the Owner(s)'s behalf relating to the project; and (iii) the operation of the project. The Owner(s) agree to execute an indemnity agreement provided by the City prior to Building Permit issuance / initiating use in reliance of this permit / recordation of the Final Map / recordation of the Final Parcel Map / Grading Permit issuance and the Development Services Director, or designee, is hereby authorized to execute the same. The Owner(s) further agree that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of the City by counsel approved by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity. F1 FIRE CONDITIONS: CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): ADD 01 STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: four -inch high with a '/2- inch stroke width for residential buildings, eight -inch high with a'/z-inch stroke for commercial and multi -family residential buildings, 12-inch high with a one -inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. FIRE 13 The gradient for a fire apparatus access roadway shall not exceed 20.0 percent. Grades exceeding 15.0 percent (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). 8of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 FIRE 25 Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. E1 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Grading GRD 01 Grading — Regulations: All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. GRD 02 Grading — Datum: All drawings submitted for Engineering permits are required to be based on the NAVD 88 datum; the NGVD 29 datum will not be accepted. GRD 03 Grading — Plan: The applicant shall submit a Grading Plan for review and obtain a Grading Permit prior to the commencement of any clearing or grading of the site. The Grading Plan shall include, but not be limited to, the design for site grading, drainage improvements, erosion control, stormwater pollution control, and on -site pavement. GRD 04 Grading — Responsible Charge: The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil and geotechnical engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Development Services Department and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. GRD 09 Grading — Reports: Geotechnical, Drainage/Hydrology, Stormwater Quality, and Traffic studies/report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The reports shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading or improvement permit for the project. GRD 10 Grading — Haul Route: Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Development Services Department for the proposed haul route. The applicant shall comply with Municipal Code section 23.24.410 as well as all conditions and requirements the Development Services Department may impose with regards to the hauling operation. Drainage Conditions DRAIN 01 Drainage — Erosion Control: An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge 9of11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Stormwater Standards Manual shall be employed to determine appropriate stormwater pollution control practices during construction. DRAIN 02 Drainage — Drainage System: 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 Development Services Department to properly handle the drainage. DRAIN 04 Drainage — Hold Harmless: The owner of the subject property shall execute and record a covenant holding the City harmless for drainage prior to approval of any grading or building permit for this project. Street Conditions ST 01 Street — Right -of -Way Permit: Prior to any work being performed in the public right- of-way or City easement, a right-of-way construction permit shall be obtained from the Development Services Department and appropriate fees paid, in addition to any other permits required. ST 21 Street — ADA General: All paths of travel, sidewalks, curb ramps, pedestrian ramps, driveway aprons, etc. shall be designed and constructed in compliance with ADA standards. Prior to completion of the project, each and every facility shall be inspected against the City's Public Right -of -Way Curb Ramp Inspection form. ST 25 Street — Public Improvement Repairs: Any portion of the existing sidewalk or any other public improvements damaged during construction shall be repaired and/or replaced to the next joint to the satisfaction of the Development Services Department. Stormwater Pollution Control Conditions STORM 02 Stormwater — LID BMP's: Best Management Practices shall be utilized for stormwater pollution and flow control per the City of Encinitas BMP Design Manual to the satisfaction of the Development Services Department. The Grading Plan/Permit Site Plan shall identify all landscape areas designed for stormwater pollution control and incorporate Low Impact Development (LID) BMP's. A note shall be placed on the plans indicating that the BMP's are to be privately maintained and the facilities not modified or removed without a permit from the City. STORM 03 Stormwater — Post Construction BMP Required: The applicant shall provide permanent post construction stormwater quality treatment BMP facilities to collect and treat all runoff generated by all new and/or removed and replaced impervious surfaces prior to discharge from the subject site. 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. S1 SAN DIEGUITO WATER DISTRICT CONDITIONS: 10 of 11 PROJECT NUMBER: CDP-004429-2021 AUGUST 30, 2021 CONTACT THE SAN DIEGUITO WATER DISTRICT (SDWD) REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SDWD BF 02 A backflow preventer shall be installed on the dedicated fire line meeting SDWD standards. The location of the proposed backflow preventer shall be shown on the plans for SDWD approval. SDWD WS 02 The developer shall comply with SDWD's fees, charges, rules and regulations. SDWD WS 04 The developer shall show all existing and proposed water facilities on improvement and/or grading plans for SDWD Approval (if applicable). SDWD WS 07 The developer shall install the water system according to Water Agencies' (WAS) standards. 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 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $300 filing fee, prior to 5:00 pm on the 15t" 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. If you have any questions regarding this determination, please contact Kevin Parker, AICP, Y < II .I!':. ".U... .!L"�.....!Lin"p..�.� s a:::.�:1.� y; or contact the Associate Planner, at 760-633-2703 orb email at Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633- 2710 or by email at SIGNATURE Anna Colamussi Planning Manager 11 of 11