City Council

10A. Continued public hearing to consider a timely-filed appeal by Encinitas Community Collective of the Planning Commission’s approval of Lennar Homes of California, LLC’s Density Bonus, Design Review Permit, Condominium Tentative Map, and Coastal Development Permit for the construction of a 149-unit (134 market-rate units and 15 "very low" income affordable units) townhome community (for-sale units) consisting of 16 individual three-story residential buildings and one (1) amenity building. The project also includes site amenities and grading, hardscape, stormwater, and landscaping improvements for APPEAL-006297-2023; MULTI-005158-2022; DR-005160-2022; SUB-005159-2022; SUB-005391-2022; and CDP-005161-2022 located at the northeast corner of Piraeus Street and Plato Place; (APNs) 254-144-01 & 216-110-35. Environmental Considerations: An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project. In accordance with the California Environmental Quality Act (CEQA), the draft EIR was published for a 60-day public and agency review period on December 9, 2022 to February 6, 2023. Comments received during the public review period and corresponding responses are included in the Final EIR. Responses were received fromAn Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project. In accordance with the California Environmental Quality Act (CEQA), the draft EIR was published for a 60-day public and agency review period on December 9, 2022 to February 6, 2023. Comments received during the public review period and corresponding responses are included in the Final EIR. Responses were received from one federal agency (U.S. Fish and Wildlife Service); two state agencies (California Department of Transportation (Caltrans); California Department of Fish and Wildlife (CDFW)); one organization (Encinitas Community Collective); and 49 individuals (several whom submitted multiple comment letters). Following the close of the public review period, one additional letter was received from an organization, and one additional letter was received from an individual. Through the analysis provided in the EIR, it was determined that the project would result in the following significant impacts unless mitigation measures are incorporated to reduce the environmental impacts to less than significant levels, with the exception of transportation, which was determined to be significant and unavoidable: • Air Quality • Biological Resources • Cultural Resources • Geology/Soils (Paleontological Resources) • Noise • Tribal Cultural Resources • Wildfire The impacts to air quality are associated with potential health risks to project residents due to Diesel Particulate Matter originating from proximity to Interstate 5. The impacts to biological resources are associated with direct and indirect impacts to species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. With respect to cultural resources and tribal/cultural resources and geology and soils, construction activity may impact potential historical, archaeological, and paleontological resources within the project area. The impacts to noise are associated with future residents’ exposure to Interstate 5. Impacts to wildfire activity were associated with potentially significant risk due to slope, prevailing winds, and other factors. For all the above impacts, mitigation measures are identified in the EIR to reduce the environmental effects to less than significant levels. The Mitigation Monitoring and Reporting Program (MMRP) is included as part of Attachment 2 and provides additional details of the required environmental mitigation measures. Through the analysis provided in the EIR, it was determined that the project would have significant and unavoidable transportation impacts related to Vehicle Miles Traveled (VMT) that cannot be fully mitigated. The project includes mitigation to reduce these impacts such as including various Transportation Demand Management (TDM) measures, but the VMT impacts would remain significant and unavoidable. Once significant impacts have been identified, CEQA and the CEQA Guidelines Sections 15043 and 15093 require that certain findings be made before project approval to justify the unavoidable transportation impact. The City of Encinitas ("City") must adopt a Statement of Overriding Considerations, which allows 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 the project with a Statement of Overriding Considerations (included as a part of), indicating that the project’s benefits must outweigh the unavoidable significant effects. The overriding considerations must be supported by substantial evidence. The project would require the adoption of a Statement of Overriding Considerations. The statement provides the lead agency’s views on the ultimate balancing of the merits of approving a project despite its environmental impact. Although the project would have a significant and unavoidable transportation impact, it would also result in a number of public benefits associated with the development of the project site: SOCIAL BENEFITS 1. The project would provide visual and functional compatibility with adjacent residential neighborhoods, other nearby land uses, development, and natural features. 2. The project would create a walkable environment that promotes and enhances the pedestrian experience through the site by providing safe and convenient walkways, as well as an onsite area for social gathering and interaction. ECONOMIC BENEFITS 1. The project would provide affordable housing within the project for low-income families, thereby helping to meet the state-mandated affordable housing requirements and further encouraging diversity within the community. 2. The project would provide additional new residential housing opportunities within the Encinitas community, thereby addressing the local and state housing crisis and helping to meet regional and local housing mandates. ENVIRONMENTAL BENEFITS 1. The project would provide at least the minimum number of units and housing opportunities that are consistent with the goals of the adopted City of Encinitas Housing Element Update, while minimizing environmental effects and protecting surrounding natural and aesthetic resources. 2. The project would preserve the vegetation and habitat on the 4.95-acre parcel located adjacent to the north of the development area and would prepare a long-term management plan to provide an entity and endowment funding to maintain such open space in perpetuity. 3. The project would provide for the design of buildings, public spaces, and uses that enhance and respect the scenic nature of the I-5 corridor and the coastal environment. Staff concludes that a Statement of Overriding Consideration is appropriate. The EIR identified all unavoidable significant transportation (VMT) impacts could not be avoided or substantially lessened. The alternatives evaluated in the EIR either would not avoid or substantially lessen the significant and unavoidable transportation impacts or would be infeasible. Each of the above-listed benefits of the project is sufficient by itself to conclude that the project is justified despite the impacts of the project. Contact Person: Assistant Director of Development Services Colamussi Recommended Action: Recommended Action: Adopt draft City Council Resolution No. 2023-72, titled, "A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Planning Commission's Decision on May 18, 2023 to Adopt Resolution No. PC 2023-09 Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, and Making the Required CEQA Findings Including Findings of Overriding Considerations, and to Adopt Resolution No. PC 2023-08 Approving a Density Bonus Tentative Map, Design Review Permit, and Coastal Development Permit to Construct a 149- Unit Townhome Community, Grading/Site/Landscaping Improvements, and One Temporary Construction Trailer for the Property Located at the Corner of Piraeus Street And Plato Place (CASE NOS. MULTI-005158-2022, DR-005160- 2022, SUB-005159-2022, & CDP-005161-2022; APNs: 254- 144-01-00 & 216-110-35-00 (Off-site Preserve)" denying the appeal and affirming the Planning Commission's decision to adopt Resolution No. PC-2023-09, dated May 18, 2023, certifying the final Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Program, and making the required CEQA findings including findings of overriding considerations and to adopt Resolution No. PC 2023-08 approving a Density Bonus Tentative Map, Design Review Permit, and Coastal Development Permit to construct a 149- unit townhome community, grading/site/landscaping improvements, and one temporary construction trailer. Correspondence 2023-08-23 Item 10A Piraeus Point Appeal - Attachment 7 Applicants Power Point