Encinitas — 2023-08-22

10A. Continued public hearing to consider a timely-filed appeal by\nEncinitas Community Collective of the Planning\nCommission’s approval of Lennar Homes of California, LLC’s\nDensity Bonus, Design Review Permit, Condominium\nTentative Map, and Coastal Development Permit for the\nconstruction of a 149-unit (134 market-rate units and 15 "very\nlow" income affordable units) townhome community (for-sale\nunits) consisting of 16 individual three-story residential\nbuildings and one (1) amenity building. The project also\nincludes site amenities and grading, hardscape, stormwater,\nand landscaping improvements for APPEAL-006297-2023;\nMULTI-005158-2022; DR-005160-2022; SUB-005159-2022;\nSUB-005391-2022; and CDP-005161-2022 located at the\nnortheast corner of Piraeus Street and Plato Place; (APNs)\n254-144-01 & 216-110-35. Environmental Considerations:\nAn Environmental Impact Report (EIR) was prepared to\nanalyze the potential environmental effects of the project. In\naccordance with the California Environmental Quality Act\n(CEQA), the draft EIR was published for a 60-day public and\nagency review period on December 9, 2022 to February 6,\n2023. Comments received during the public review period\nand corresponding responses are included in the Final EIR.\nResponses were received fromAn Environmental Impact\nReport (EIR) was prepared to analyze the potential\nenvironmental effects of the project. In accordance with the\nCalifornia Environmental Quality Act (CEQA), the draft EIR\nwas published for a 60-day public and agency review period\non December 9, 2022 to February 6, 2023. Comments\nreceived during the public review period and corresponding\nresponses are included in the Final EIR. Responses were\nreceived from one federal agency (U.S. Fish and Wildlife\nService); two state agencies (California Department of\nTransportation (Caltrans); California Department of Fish and\nWildlife (CDFW)); one organization (Encinitas Community\nCollective); and 49 individuals (several whom submitted\nmultiple comment letters). Following the close of the public\nreview period, one additional letter was received from an\norganization, and one additional letter was received from an\nindividual. Through the analysis provided in the EIR, it was\ndetermined that the project would result in the following\nsignificant impacts unless mitigation measures are\nincorporated to reduce the environmental impacts to less\nthan significant levels, with the exception of transportation,\nwhich was determined to be significant and unavoidable: • Air\nQuality • Biological Resources • Cultural Resources •\nGeology/Soils (Paleontological Resources) • Noise • Tribal\nCultural Resources • Wildfire The impacts to air quality are\nassociated with potential health risks to project residents due\nto Diesel Particulate Matter originating from proximity to\nInterstate 5. The impacts to biological resources are\nassociated with direct and indirect impacts to species\nidentified as a candidate, sensitive, or special status species\nin local or regional plans, policies, or regulations, or by the\nCDFW or USFWS. With respect to cultural resources and\ntribal/cultural resources and geology and soils, construction\nactivity may impact potential historical, archaeological, and\npaleontological resources within the project area. The\nimpacts to noise are associated with future residents’\nexposure to Interstate 5. Impacts to wildfire activity were\nassociated with potentially significant risk due to slope,\nprevailing winds, and other factors. For all the above impacts,\nmitigation measures are identified in the EIR to reduce the\nenvironmental effects to less than significant levels. The\nMitigation Monitoring and Reporting Program (MMRP) is\nincluded as part of Attachment 2 and provides additional\ndetails of the required environmental mitigation measures.\nThrough the analysis provided in the EIR, it was determined\nthat the project would have significant and unavoidable\ntransportation impacts related to Vehicle Miles Traveled\n(VMT) that cannot be fully mitigated. The project includes\nmitigation to reduce these impacts such as including various\nTransportation Demand Management (TDM) measures, but\nthe VMT impacts would remain significant and unavoidable.\nOnce significant impacts have been identified, CEQA and the\nCEQA Guidelines Sections 15043 and 15093 require that\ncertain findings be made before project approval to justify the\nunavoidable transportation impact. The City of Encinitas\n("City") must adopt a Statement of Overriding Considerations,\nwhich allows a lead agency to cite a project’s general\neconomic, social or other benefits as justification for choosing\nto allow the occurrence of specified significant environmental\neffects that have not been avoided. The CEQA provisions\nrequire the agency to provide in writing the specific reasons\nto support its action to approve the project with a Statement\nof Overriding Considerations (included as a part of),\nindicating that the project’s benefits must outweigh the\nunavoidable significant effects. The overriding considerations\nmust be supported by substantial evidence. The project\nwould require the adoption of a Statement of Overriding\nConsiderations. The statement provides the lead agency’s\nviews on the ultimate balancing of the merits of approving a\nproject despite its environmental impact. Although the project\nwould have a significant and unavoidable transportation\nimpact, it would also result in a number of public benefits\nassociated with the development of the project site: SOCIAL\nBENEFITS 1. The project would provide visual and functional\ncompatibility with adjacent residential neighborhoods, other\nnearby land uses, development, and natural features. 2. The\nproject would create a walkable environment that promotes\nand enhances the pedestrian experience through the site by\nproviding safe and convenient walkways, as well as an onsite\narea for social gathering and interaction. ECONOMIC\nBENEFITS 1. The project would provide affordable housing\nwithin the project for low-income families, thereby helping to\nmeet the state-mandated affordable housing requirements\nand further encouraging diversity within the community. 2.\nThe project would provide additional new residential housing\nopportunities within the Encinitas community, thereby\naddressing the local and state housing crisis and helping to\nmeet regional and local housing mandates.\nENVIRONMENTAL BENEFITS 1. The project would provide\nat least the minimum number of units and housing\nopportunities that are consistent with the goals of the adopted\nCity of Encinitas Housing Element Update, while minimizing\nenvironmental effects and protecting surrounding natural and\naesthetic resources. 2. The project would preserve the\nvegetation and habitat on the 4.95-acre parcel located\nadjacent to the north of the development area and would\nprepare a long-term management plan to provide an entity\nand endowment funding to maintain such open space in\nperpetuity. 3. The project would provide for the design of\nbuildings, public spaces, and uses that enhance and respect\nthe scenic nature of the I-5 corridor and the coastal\nenvironment. Staff concludes that a Statement of Overriding\nConsideration is appropriate. The EIR identified all\nunavoidable significant transportation (VMT) impacts could\nnot be avoided or substantially lessened. The alternatives\nevaluated in the EIR either would not avoid or substantially\nlessen the significant and unavoidable transportation impacts\nor would be infeasible. Each of the above-listed benefits of\nthe project is sufficient by itself to conclude that the project is\njustified despite the impacts of the project. Contact Person:\nAssistant Director of Development Services Colamussi\nRecommended Action: Recommended Action: Adopt draft\nCity Council Resolution No. 2023-72, titled, "A Resolution of\nthe City Council of the City of Encinitas, California, Denying\nan Appeal and Affirming the Planning Commission's Decision\non May 18, 2023 to Adopt Resolution No. PC 2023-09\nCertifying the Final Environmental Impact Report, Adopting\nthe Mitigation Monitoring and Reporting Program, and Making\nthe Required CEQA Findings Including Findings of Overriding\nConsiderations, and to Adopt Resolution No. PC 2023-08\nApproving a Density Bonus Tentative Map, Design Review\nPermit, and Coastal Development Permit to Construct a 149-\nUnit Townhome Community, Grading/Site/Landscaping\nImprovements, and One Temporary Construction Trailer for\nthe Property Located at the Corner of Piraeus Street And\nPlato Place (CASE NOS. MULTI-005158-2022, DR-005160-\n2022, SUB-005159-2022, & CDP-005161-2022; APNs: 254-\n144-01-00 & 216-110-35-00 (Off-site Preserve)" denying the\nappeal and affirming the Planning Commission's decision to\nadopt Resolution No. PC-2023-09, dated May 18, 2023,\ncertifying the final Environmental Impact Report, adopting the\nMitigation Monitoring and Reporting Program, and making the\nrequired CEQA findings including findings of overriding\nconsiderations and to adopt Resolution No. PC 2023-08\napproving a Density Bonus Tentative Map, Design Review\nPermit, and Coastal Development Permit to construct a 149-\nunit townhome community, grading/site/landscaping\nimprovements, and one temporary construction trailer.\n\nCorrespondence\n2023-08-23 Item 10A Piraeus Point Appeal - Attachment 7\nApplicants Power Point

4A. Presentation of Proclamation to Leslie Kulchin Saldana the\noutgoing San Dieguito Academy Foundation Executive\nDirector.

4B. Presentation of Proclamation to Jennifer Haskett, North\nCounty Justice Allies Secretary declaring August 31, 2023, as\nOverdose Awareness Day.

8A. Approval to waive the full reading of the text of all ordinances\nand resolutions introduced/adopted at this meeting.\nOrdinances and resolutions shall be introduced/adopted by\ntitle only. Contact Person: City Clerk Hollywood\nRecommended Action: Approve.

8C. Approval of the Warrants List (Register of Demands). Contact\nPerson: Finance Manager Dinh\nRecommended Action: Staff recommends that the City\nCouncil review and approve the warrants.\n2023-08-23 Item 08C Approval of Warrants List

8D. Acceptance of the FY 2021-22 Pavement Rehabilitation\nOverlay and Slurry Seal Project (CS22A). Contact Person:\nSenior Engineer Cabrera Environmental Considerations: The\naction being considered by the City Council is exempt from the\nCalifornia Environmental Quality Act (CEQA) because it is not\na “project” under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity\nof government that will not result in the direct or indirect\nphysical change in the environment.\nRecommended Action: 1) Authorize the filing of the Notice of\nCompletion for the subject project; 2) Authorize the release of\nthe payment bond in full upon the recording of the Notice of\nCompletion; 3) Authorize the release of the performance bond\nin full one (1) year after the recording of the Notice of\nCompletion; 4) Adopt City Council Resolution No. 2023-87,\ntitled “A Resolution of the City Council of the City of Encinitas,\nCalifornia, Accepting the FY 2021-22 Pavement Rehabilitation\nOverlay and Slurry Seal Project (CS22A)” as complete to the\nsatisfaction of the City.\n2023-08-23 Item 08D FY21-22 Pavement Rehab NOC

8E. Award a Construction Contract for the Santa Fe Drive Corridor\nImprovements Project – Western Phase (CS19E). Contact\nPerson: Principal Engineer Widelski Environmental\nConsiderations: The project was determined to be exempt\nfrom the California Environmental Quality Act (CEQA) pursuant\nto Section 15301(c) of the CEQA Guidelines, which exempts\nprojects characterized as minor alterations to existing public\nfacilities, involving negligible or no expansion of the existing\nuse.? The types of existing facilities include public streets\nwhere sidewalks, bicycle lanes, pedestrian crossings other\nsimilar alterations are proposed but do not create additional\nautomobile lanes.\nRecommended Action: 1) Authorize the City Manager, or\ndesignee, to execute a contract in substantial form, and any\nnecessary amendments and time extensions in consultation\nwith the City Attorney, with Tri-Group Construction\nDevelopment, Inc., in the amount of $4,150,000 plus 15-\npercent contingency ($622,500) for a total not-to-exceed\nconstruction contract amount of $4,772,500 including any\nfuture contract amendments for construction of the Santa Fe\nDrive Corridor Improvements Project – Western Phase\n(CS19E); 2) Authorize the City Manager, or designee, to\nexecute an agreement in substantial form and any necessary\namendments and time extensions, in consultation with the City\nAttorney, with Kleinfelder Construction Services, Inc., for\nconstruction support on the Santa Fe Drive Corridor\nImprovements Project – Western Phase in the amount of\n$450,312 plus 15 percent contingency ($67,547) for a total\nnot-to-exceed amount of $517,859; and 3) Adopt City Council\nResolution No. 2023-101, titled “A Resolution of the City\nCouncil of the City of Encinitas, California, Amending the\nFiscal Year 2023-24 Budget” to increase the Santa Fe Drive\nCorridor Improvements Project – Western Phase (CS19E)\nproject budget by $3,090,000.\n2023-08-23 Item 08E Santa Fe West Contract Award

8F. Approval of agreement with ViaTRON Systems, Inc. to perform\ndigitizing of paper files, microfiche aperture cards, 35MM fiche,\nand 16MM fiche images. Contact Person: Senior\nManagement Analyst Noel Environmental Considerations:\nThe action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because\nit is not a “project” under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or\nadministrative activity of government that will not result in the\ndirect or indirect physical change in the environment.\nRecommended Action: Authorize the City Manager, or\ndesignee, in consultation with the City Attorney, to execute an\nagreement with ViaTRON Systems, Inc. for Laserfiche content\nmanagement and business process automation, in substantial\nform, in an amount not to exceed $25,000 each year for a four-\nyear term, with options to extend, upon mutual consent, for two\n(2) additional one-year terms. The total not to exceed\nagreement cost is $150,000 for the six-year term including the\nadditional one-year terms.\n2023-08-23 Item 08F Scanning Services Contract

8G. Designation of a voting delegate for the League of California\nCities (LCC) Annual Conference, September 20-22, 2023.\nContact Person: Executive Assistant Blease Environmental\nConsiderations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality\nAct (CEQA) because it is not a “project” under Section\n15378(b)(5) of CEQA Guidelines. The action involves an\norganizational or administrative activity of government that will\nnot result in the direct or indirect physical change in the\nenvironment.\nRecommended Action: City Council adopt Resolution 2023-\n104, titled “A Resolution of the City Council of the City of\nEncinitas, California, designating Council Member Blackwell\nas the City’s voting delegate at the League of California Cities\nAnnual Conference to be held September 20-22, 2023.”\n2023-08-23 Item 08G LCC Voting Delegate

8H. State of California Department of Recreation, Division of\nBoating and Waterways (DBW) Grant in the amount of\n$3,833,333 for the San Diego Shoreline Projection Project\n(WB16C) and Proposed Fiscal Year 2022-23 Budget\nAmendment. Contact: Coastal Zone Program Administrator\nMierau Environmental Considerations: The current action\nconsidered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because the budget\nappropriation is not considered a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an\norganizational or administrative activity of government that will\nnot result in the direct or indirect physical change in the\nenvironment.\nRecommended Action: 1) Accept $3,833,333 in state grant\nfunds from DBW for the San Diego Shoreline Projection\nProject (WB16C); and 2) Adopt City Council Resolution No.\n2023-94, titled "A Resolution of the City Council of the City of\nEncinitas, California, Amending the Fiscal Year 2022-23\nAdopted Budget"\n2023-08-23 Item 08H USACE Budget Appropriations Report