Encinitas — 2024-11-13

10A. 1) Public hearing to consider a timely-filed appeal (Case No. APPEAL-\n007599-2024) of the Planning Commission’s approval of a density bonus,\ntentative map, design review permit, and coastal development permit\nauthorizing the demolition of all onsite structures; the subdivision of seven\nexisting parcels into 30 single-family lots, one private road lot, one park lot,\none Homeowners’ Association lot, and two best management practices (BMP)\nlots for stormwater collection; the construction of 30 new single-family homes\n(27 market-rate units and three very-low affordable units); the installation of\nassociated landscape, utility, drainage, stormwater, and site improvements;\nand a temporary construction trailer located at 1220, 1230, 1234, and 1240\nMelba Road, and 1180 and 1190 Island View Lane (APNs 259-180-09, -10,\n16, and -33, 259-181-02, -03, and -04); and 2) Modification of the Public Road\nStandards to allow improvements to Melba Road shown as Option B in the\nproject plans. Environmental Considerations: An Environmental Impact\nReport (EIR) was prepared to analyze the potential environmental effects of\nthe project in accordance with the California Environmental Quality Act\n(CEQA). The draft EIR was published for a 45-day public review period from\nApril 12, 2024, to May 28, 2024. Comments received during the public review\nperiod and corresponding responses are included in the Final EIR\n(Attachment CC-5). No responses were received from Federal or State\nagencies. Responses were received from one organization (Melba Alliance for\na Safe and Healthy Environment (MASHE); and 19 individuals (several of\nwhom submitted multiple comment letters). Following close of the EIR public\nreview period, one additional letter was received from an individual. Through\nthe analysis provided in the EIR, it was determined that the project would\nresult in significant environmental impacts, for the categories identified below,\nunless mitigation measures are incorporated to reduce the environmental\nimpacts to less than significant levels: * Biological Resources * Cultural\nResources * Geology and Soils * Hazards/Hazardous Materials * Noise *\nTribal Cultural Resources The Planning Commission adopted Resolution No.\nPC 2024-21 to certify the Final EIR, make required Findings of Fact, and\nadopt the Mitigation, Monitoring and Reporting Program (MMRP). The project\nis required to comply with the mitigations identified in the EIR and the MMRP.\nContact Person: Project Planner Dichoso\nRecommended Action: 1) Deny the appeal and adopt draft City Council\nResolution No. 2024-124 titled, "A Resolution of the City Council of the City of\nEncinitas, California Denying the Appeal Filed by Melba Alliance for a Safe\nand Healthy Environment of and Affirming the Planning Commission's\nDecision Certifying a Final Environmental Impact Report, Adopting the\nFindings of Fact, and Adopting the Mitigation Monitoring and Reporting\nProgram, All in Accordance with the California Environmental Quality Act\n(CEQA); and Approving a Density Bonus, Tentative Map, Design Review\nPermit, and Coastal Development Permit for the Demolition of All Onsite\nStructures; the Subdivision of Seven Existing Parcels into 30 Single-Family\nLots, One Private Road Lot, One Park Lot, One Homeowners' Association Lot,\nand Two Best Management Practices (BMP) Lots for Stormwater Collection;\nthe Construction of 30 New Single-Family Homes (27 Market-Rate Units and\nThree Very-Low Affordable Units); the Installation of Associated Landscape,\nUtility, Drainage, Stormwater, and Site Improvements for the Property Located\nat 1220, 1230, 1234, 1240 Melba Road, and 1180 and 1190 Island View Lane\n(CASE NOS. APPEAL-007599-2024, MULTI-004309-2021, SUB-004310-\n2021, DR-004311-2021, CDP-004312-2021; APNS: 259-180-09, -10, -16,\nAND -33, 259-181-02, -03, AND 04)" affirming the Planning Commission's\ndecision to adopt Resolution No. 2024-20 approving the density bonus,\ntentative map, design review permit, and coastal development permit (Case\nNos. MULTI-004309-2021, SUB-004310-2021, DR-004311-2021, CDP-\n004312-2021) with conditions, and Resolution No.2024-21 certifying the\nEnvironmental Impact Report, adopting the findings of facts, and adopting the\nMitigation Monitoring Reporting Program; and 2) Should the appeal be\ndenied, adopt draft City Council Resolution No. 2024-129 titled "A Resolution\nof the City Council of the City of Encinitas, California Authorizing the\nModification of the Public Road Standards for Improvements to Melba Road\nShown as Option B in the Project Plans for the Project Located at 1220, 1230,\n1234, 1240 Melba Road, and 1180 and 1190 Island View Lane (CASE NOS.\nMULTI-004309-2021, SUB-004310-2021, DR-004311-2021, CDP-004312-\n2021; APNS: 259-180-09, -10, -16, AND -33, 259-181-02, -03, AND 04)"\nauthorizing the modification of the Public Road Standards for improvements to\nMelba Road shown as Option B of the project plans.\n2024-11-13 Item 10A Torrey Crest Appeal - Agenda Report

10B. Public Hearing to consider a timely-filed appeal of the Development Services\nDirector’s approval of a time extension for the Clark Avenue Apartments\nproject that approved a 199-unit residential development with associated site\nimprovements. CASE NOS.: MULTI-007384-2024, EXT-007415-2024,\nCDPNF-007414-2024; LOCATION: 662, 672, & 682 Clark Avenue and 556\nUnion (APNs: 256-171-25). Environmental Considerations: The extension of\ntime has been determined to be exempt from environmental review pursuant\nto California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)\n(3). This section exempts projects where it can be seen with certainty that\nthere is no possibility that the activity in question may have a significant effect\non the environment. The project was determined to be statutorily exempt from\nthe California Environmental Quality Act (CEQA) under Government Code\nSections 65583.2(h) and (i), which provide that if a housing development\nproject is located on a site designated for "by right" approval, contains at least\n20 percent of the units affordable to lower income households, and does not\nrequire a subdivision, the City may only require design review approval of the\nproject, and design review approval shall not constitute a "project" under\nCEQA. The Clark Avenue Apartment project is statutorily exempt from CEQA\nin that it is located in the R-30 Overlay Zone, which is designated for "by right"\napproval by Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note\n35), proposes that 40 of 199 units, exclusive of additional units provided by a\ndensity bonus, will be affordable to lower income households; and does not\nrequire a subdivision. There are no proposed changes to the project as\noriginally approved. Contact Person: Senior Planner Bustamante\nRecommended Action: Deny the appeal and adopt the draft City Council\nResolution No. 2024-123 titled, "A Resolution of the City Council of the City of\nEncinitas, California, Denying an Appeal and Affirming the Determination of\nthe Director of Development Services to Grant an Extension of Time to Extend\nthe Expiration of the Approval of Case No. MULTI-004609-2021, Located at\n662, 672, and 682 Clark Avenue and 556 Union Street" affirming the\nDevelopment Services Director's decision to approve an extension of time.\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Agenda Report\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 1 Draft City\nCouncil Resolution No. 2024-123\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 2 Time\nExtension Application\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 3 Time\nExtension Notice of Decision\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 4 Appeal\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 5 AB 2729\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 6 Time\nExtension Public Notice\n2024-11-13 Item 10B Clark Ave Apartments Appeal

10C. SANDAG Update on the Batiquitos Lagoon Double Tracking Project, and\nRequests related to City-Owned Parcels at La Costa Avenue and N. Coast\nHighway 101. Environmental Considerations: The action being considered\nby the City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. SANDAG has filed a Notice of Exemption for the BLDT project,\nState Clearing House Number 2024061076. Contact Person: Director of\nEngineering Bankston\nRecommended Action: 1) Receive Update from SANDAG on the Batiquitos\nLagoon Double Tracking Project (BLDT); 2) Authorize SANDAG access to the\nBLDT project site on North County Transit District (NCTD) parcels through\nCity-owned Parcels at La Costa Avenue and N. Coast Highway 101, which\nwould eliminate the need for a large retaining wall and allow for revegetation\nof NCTD land adjacent to the City's parcels; 3) Approve SANDAG's offer to\n11/8/24, 11:56 AM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4512\ncomplete site improvements as mitigation for community impacts and\nauthorize staff to negotiate an MOU reflecting this agreement; 4) Consider\nSANDAG's request to stage construction materials and equipment on the\nCity-owned Parcels at La Costa Avenue and N. Coast Highway 101; and 5)\nConsider SANDAG's request for non-standard construction hours.\n2024-11-13 Item 10C SANDAG BLDT & City Parcels

10D. Relocation of Encinitas Fire Station #1 from 415 Second Street to a temporary\nfire station at the Pacific View Cultural Arts Center Property located at 608\nThird Street. Environmental Considerations: The project proposes the\ntemporary location of a fire support trailer and garage on a developed site.\nPursuant to the California Environmental Quality Act (CEQA) Guidelines\nSections 15269(c), 15301(b), 150303(c),15303 (e) and 15303 (f), the project\nwould be exempt from environmental review. The relocation of Fire Station #1\nis necessary to address an emergency at the current location due to seismic\nsafety conditions of the existing building consistent with Section 15269(c) of\nthe CEQA Guidelines. The project is consistent with Section 15301(b)\nbecause it is located on a developed site with existing parking and utilities\nsuch as gas, sewer, water and electrical amenities. The project is also\nconsistent with Section 150303(c) because the total floor area of the two (2)\ntemporary buildings is less than the maximum 10,000-square foot floor area\nallowed under the exemption. Section 15303(e) exempts accessory\n(appurtenant) structures such as a garage. Section 15304(f) exempts minor\ntrenching conducted to connect to existing underground offsite utilities and the\nsurface would be restored. The project does not qualify as one of the\nexceptions prescribed under Section 15300.2 of the CEQA Guidelines and no\nhistoric resources are affected by the proposed project. Contact Person: Fire\nChief Gordon\nRecommended Action: 1) Approve the Emergency Declaration for\nconstruction of a temporary Fire Station #1; 2) Approve the temporary\nrelocation of Encinitas Fire Station #1 from its current location at 415 Second\nStreet to a temporary facility at the Pacific View Cultural Arts Center property\nlocated at 608 Third Street and provide direction on the Northwest or\nSoutheast site options; 3) Adopt Resolution No. 2024-130, titled "A Resolution\nof the City Council of the City of Encinitas, California, Amending the Fiscal\nYear 2024-25 Budget" to appropriate $1.9M to the Emergency Fire Station #1\nRelocation (CF25A) Project; and 4) Authorize the City Manager or her\ndesignee, in coordination with the City Attorney, to execute Amendment No. 4\nto the Agreement with Michael Baker International, in substantial form, to add\n$250,000 to the engineering design consultant agreement for a new not-to-\nexceed contract amount of $750,000.\n2024-11-13 Item 10D Fire Station 1 Emergency Relocation_Part1 Pages 1-200\n2024-11-13 Item 10D Fire Station 1 Emergency Relocation_Part2 Pages 201-\n400\n2024-11-13 Item 10D Fire Station 1 Emergency Relocation_Part3 Pages 401-\n592

4A. Presentation of Proclamation in honor of Native American Heritage Month

4B. Presentation of Proclamation in honor of Denise Stillinger, 2024 MiraCosta\nCollege Philanthropist of the Year

8C. Approval of the Warrants List (Register of Demands). Contact Person:\nFinance Manager Dinh\nRecommended Action: Staff recommends that the City Council review and\napprove the warrants.\n2024-11-13 Item 08C Approval of Warrants List

8D. Engineering Design and Plans for the Bollards and Rumble Strip Installation at\nthe North Coast Highway 101 and El Portal Intersection. Environmental\nConsiderations: The project is exempt from the California Environmental\nQuality Act (CEQA), pursuant to Sections 15311 and 15304(e) of the CEQA\nGuidelines. Section 15311 exempts the construction and replacement of minor\nstructures. Section 15304(e) exempts the temporary construction staging area\nfor the duration of the project. The project is consistent with the CEQA\nexemption criteria. In addition, none of the exceptions listed in Section\n15300.2 exist for the proposed project. Contact Person: City Traffic Engineer\nBandegan\n11/8/24, 11:56 AM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4512\nRecommended Action: 1) Approve the plans for Bollards and Rumble Strip\nInstallation at the North Coast Highway 101 and El Portal Intersection; and 2)\nAdopt Resolution No. 2024-122 titled, "Resolution of the City Council of the\nCity of Encinitas Approving Engineering Design and Plans for Bollards and\nRumble Strip Installation at the North Coast Highway 101 and El Portal\nIntersection, pursuant to Government Code Section 830.6."\n2024-11-13 Item 08D El Portal Bollard Installation Design Immunity

8E. Approval of a Memorandum of Understanding between the City of Encinitas\nand Citizens Climate Lobby San Diego North for a community special event at\nthe Encinitas Community & Senior Center. Environmental Considerations:\nThe action being considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: Sustainability Manager\nNajera\nRecommended Action: Approve and authorize the City Manager to execute a\nMemorandum of Understanding (MOU) between the City of Encinitas and\nCitizens Climate Lobby San Diego North (CCLSDN) in substantial form, in\nconsultation with the City Attorney, to host the Home Electrification Fair on\nSaturday, February 22, 2025, at Encinitas Community & Senior Center from\n10:00 a.m. to 1:00 p.m.\n2024-11-13 Item 08E MOU Home Electric Fair

8F. City of Encinitas Quality Assurance Plan for project construction.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Principal Engineer Widelski\nRecommended Action: Review and approve the City of Encinitas Quality\nAssurance Plan (QAP) in substantial form for project construction.\n2024-11-13 Item 08F Updated QAP

8G. Award Construction Contract for the Citywide Leading Pedestrian Intervals\n(LPI) Project (CS22B). Environmental Considerations: The project is exempt\nfrom the California Environmental Quality Act (CEQA) pursuant to CEQA\nGuidelines Section 15301(c), which categorically exempts minor alterations to\nexisting public streets, sidewalks, gutters, and similar facilities, including the\nreplacement or reconstruction of existing structures and facilities. This\nexemption includes improvements, such as pedestrian crossings, and other\nsimilar alterations that do not create additional automobile lanes.\nImplementation of LPI operations modifies operations at existing signalized\nintersections to provide pedestrian safety enhancements. LPI is also\n11/8/24, 11:56 AM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4512\nconsidered a Vehicle Miles Traveled (VMT) reduction measure because it\nprovides pedestrian network improvements. The proposed improvements are\nminor alterations to existing infrastructure and meet the criteria for this\nexemption. Contact Person: Associate Traffic Engineer II Edgeworth\nRecommended Action: 1) Authorize the City Manager, or designee, to\nexecute a contract in substantial form and any necessary amendments and\ntime extensions, in consultation with the City Attorney, with Bear Electrical\nSolutions, LLC, in the amount of $1,258,298 plus 10 percent contingency of\n$125,830 for a total construction contract not-to-exceed amount of $1,384,128\nfor construction of the Citywide Leading Pedestrian Intervals (LPI) Project\n(CS22B); 2) Authorize the City Manager, or designee, to accept and administer\nadditional state grant funding from the Highway Safety Improvement Program\nfor the Citywide Leading Pedestrian Intervals (LPI) Project (CS22B); and 3)\nAdopt City Council Resolution No. 2024-127, titled "A Resolution of the City\nCouncil of the City of Encinitas, California, Amending the Fiscal Year 2024-25\nBudget" to appropriate $322,628 to the Citywide Leading Pedestrian Intervals\n(LPI) Project (CS22B).\n2024-11-13 Item 08G Award LPI (CS22B) Contract