STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
ADDENDUM
May, 7 2015
TO: Coastal Commissioners and Interested Parties
FROM: South Coast District Staff
SUBJECT: ADDENDUM TO ITEM W16b, COASTAL COMMISSION PERMIT APPLICATION 5-14-1310 FOR THE COMMISSION MEETING OF MAY 13, 2015.
Since the staff report was written, The South Coast District office has received additional correspondence from the opponents of the City of San Clemente’s proposed parking lot plan including another plan (Alternative III) and letters from local citizens in support of this alternative (See Attached). The South Coast Office also received correspondence from the City regarding this submission. The opposition maintains that their plan is better regarding public view, over-use use of impermeable surfaces, and safety. Opponents’ Alternative III provides a 20 foot landscaped set-back of the first row of cars, handicapped parking space, one-way traffic, and sidewalks around all sides of the parking lot, with all surfaces consisting of interlocking permeable pavers. The City of San Clemente maintains they have made concessions in their plan sufficient to reduce impacts to public view and public safety, and have also addressed the issue of impermeability which is discussed in the staff report.
After the January Coastal Commission Hearing, when this project was initially before the Commission, the Alternate Plan Proponents made presentations at multiple City Council meetings advocating their plan be adopted by the City Council. Additionally, the City met with the opponents of the project in April, and made some concessions in their currently proposed plan by lowering the grade of the parking lot by two feet, and changing the flow of traffic within the parking lot to one way. As discussed in the staff report, the City has made findings that in addition to making such concessions, their project conforms to the City’s General Plan, was reviewed by the City’s Design Review Subcommittee and recommended for approval by the City Planning Commission.
The opponents of the project maintain that their parking lot plan provides a clear ocean view site line over the cars because the first row of parked cars will be set-back 20 feet from the City sidewalk along El Camino Real, while the City’s plan sets back the first row of parked cars only 5 feet. The City prefers a slightly larger paved area, as approved by the City Council, so the El Camino Real Parking lot can in the future serve other purposes beyond parking for temporary events, such as farmers markets, art fairs, etc. during non-peak beach use periods. As discussed in the staff report, the public view issues have been addressed by the City, as they have revised their plan to lower the grade of the parking lot by 2 feet, which will not have a significant impact to coastal views. The limited coastal views will be available over the parked vehicles in the parking lot, however, any coastal views will continue to be limited due to vehicles parking in the existing parking lot directly behind the proposed parking lot, existing landscaping, the raised train platform, and raised tracks that are between the existing parking lot and the beach.
W16b
Attachment 2
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
STAFF REPORT: REGULAR CALENDAR
Application No.: 5-14-1310
Applicant: City of San Clemente
Project Location: 1832 El Camino Real, San Clemente, Orange County APN 057-192-04
Project Description: Construction of a 32-space asphalt paved surface public beach parking lot including hardscape improvements, bike racks, 16 ft. high entry portal, landscaping, lighting, and a pay station on an 18,000 sq. ft. vacant lot adjacent to North Beach.
Staff Recommendation: Approval with conditions.
SUMMARY OF STAFF RECOMMENDATION
The City of San Clemente (applicant) proposes to construct a 32-space asphalt paved surface public beach parking lot including the installation of an electronic pay station, lighting, benches, bike racks, entry portal, and new landscaping.
The proposed public parking lot will be an improvement to an existing 18,000 square foot vacant City owned lot located between the first public road and the sea and inland of the Orange County Transit Authority railroad tracks that are adjacent to and run parallel to the beach. The proposed project will improve public beach access through the increase in public parking with rates Filed: 9/4/14
180th Day: 3/1/15
Staff: M. Revell-LB
Staff Report: 4/23/15
Hearing Date: 5/13/15
W16b
5-14-1310(City of San Clemente)
2 consistent with other public beach lots in the surrounding area. As proposed, the project will not have a significant impact on public coastal views and is designed with water quality measures such as a modular wetland unit to treat low water runoff from the proposed site.
The proposed development has been conditioned to assure the proposed project is consistent with the resource protection policies of the Coastal Act. The Commission recommends approval of the project with revised plans to increase (double) the number of bike racks and to include installation of an electric vehicle charging station. The conditions are: 1) Final Revised Plans; 2) Agreement Regarding Future Fee Changes; 3) Future Improvements; 4) Compliance with Proposed Construction Staging Plan; 5) Water Quality - Maintenance of Structural and/or Treatment Control BMPs; 6) Construction Best Management Practices; and 7) Landscaping.
Commission staff recommends approval of coastal development permit application 5-14-1310, as conditioned.
5-14-1310(City of San Clemente)
3 TABLE OF CONTENTS
I. MOTION AND RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 II. STANDARD CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 III. SPECIAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 IV. FINDINGS AND DECLARATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 A. PROJECT DESCRIPTION AND LOCATION . . . . . . . . . . . . . . . . Page 7 B. PUBLIC ACCESS. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8 C. SCENIC AND VISUAL RESOURCES. . . . . . . . . . . . . . . . . . . . . . Page 12 D. WATER QUALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 14 E. LOCAL COASTAL PROGRAM (LCP). . . . . . . . . . . . . . . . . . . . . Page 16 F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). . . Page 16
APPENDICES
Appendix A – Substantive File Documents
LIST OF EXHIBITS
Exhibit 1 – Vicinity Map
Exhibit 2 – Location Map
Exhibit 3 – Site Plan
Exhibit 4 – Public Access Map with Public Parking
Exhibit 5 – Applicant’s Proposed Plan and Opponent’s Alternative Plan Exhibit 6(a)- Opponent’s Response to Applicant’s Revised Plan Exhibit 6(b)- Opponent’s Alternative and Modified Alternative Plans Exhibit 7 – Applicant’s Revised Plan
Exhibit 8 – View from Marblehead Park
Exhibit 9 – View from Avenida Pico
Exhibit 10 – Close-up from Avenida Pico showing parked vehicle in proposed lot Exhibit 11 – Vehicle in proposed parking lot
Exhibit 12 – View Cross Section with 2 foot grade
Exhibit 13 – Water Quality Plan
Exhibit 14 – Construction Staging Plan
5-14-1310(City of San Clemente)
4 I. MOTION AND RESOLUTION
Motion:
I move that the Commission approve Coastal Development Permit No. 5-14-1310 pursuant to the staff recommendation.
Staff recommends a YES vote. Passage of this motion will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present.
Resolution:
The Commission hereby approves a Coastal Development Permit for the proposed development and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that will substantially lessen any significant adverse impacts of the development on the environment.
II. STANDARD CONDITIONS
This permit is granted subject to the following standard conditions:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be 5-14-1310(City of San Clemente)
5 perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.
III. SPECIAL CONDITIONS
1. Final Revised Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit final revised project plans to the Executive Director for review and approval. The plan shall substantially conform to the preliminary plans, with a revision to include a minimum of 10 bicycle spaces and to include/convert a proposed parking stall into a Plug-In Electronic Vehicle (PEV) charging station.
The permittee shall undertake development in accordance with the approved final plan.
Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.
2. Agreement Regarding Future Fee Changes. With the acceptance of this permit the applicant agrees that any change in the rate charged for parking or method of fee collection will require Executive Director review to determine if an amendment to the permit or a new permit will be required. Any proposed changes to the approved project, including but not limited to a fee increase of 25% or more in any given year or 50% or more on a cumulative basis over any three consecutive year period or new development, shall require an amendment to the permit or a new permit.
The permittee shall undertake the development authorized by the approved coastal development permit. No changes to the plans or the development authorized in this coastal development permit shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.
3. Future Improvements. This permit is only for the development described in Coastal Development Permit No. 5-14-1310. Except as provided in Public Resources Code section 30610 and applicable regulations, any future development as defined in PRC section 30106, including, but not limited to, a change in the density or intensity of use land, as specified in Special Condition 2, shall require an amendment to Permit No. 5-14-1310 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government.
4. Compliance with Proposed Construction Staging Plan. The permittee shall comply with the proposed construction staging area depicted on Exhibit #14 of the staff report which indicates that the construction staging area will be located on an 18 ft. x 45 ft. space, taking up five (5) public parking spaces within the North Beach municipal parking lot directly across Calle Deshecha from the project site; a site chosen to minimize impacts to public access, to beach areas and to sensitive habitat areas and minimizing public parking spaces used for staging or storage of material and equipment. 5-14-1310(City of San Clemente)
6 5. Water Quality Management Plan (WQMP) - Maintenance of Structural and/or Treatment Control BMPs. The permittee shall comply with the proposed WQMP by Gable Engineering, Inc. dated 8/28/14 and depicted on Exhibit #2, page 5 of 5. The permittee shall comply with following requirements related to proposed structural and/or treatment control Best Management Practices (BMPs):
(a) All structural and/or treatment control BMPs shall be designed, installed, and maintained for the life of the project in accordance with well-recognized and accepted design principles and guidelines, such as those contained in the California Stormwater Quality Association Best Management Practice Manuals; (b) All BMP traps/separators and/or filters shall be, at a minimum, inspected and cleaned/repaired or otherwise maintained in accordance with the following schedule: (1) prior to the start of the winter storm season, no later than October 15th each year, (2) inspected monthly thereafter for the duration of the rainy season (October 15th -April 30), and cleaned/maintained as necessary based on inspection and, (3) inspected and maintained where needed throughout the dry season;
(c) Debris and other water pollutants removed from structural BMP(s) during clean out shall be contained and disposed of in a proper manner; (d) It is the permitee’s responsibility to maintain the drainage system and the associated structures and BMPs according to manufacturer’s specifications.
6. Construction Best Management Practices. The permittee shall comply with the following construction-related requirements and shall do so in a manner that complies with all relevant local, state and federal laws applicable to each requirement:
(1) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion; (2) Staging and storage of construction machinery and storage of debris shall not take place on any sandy beach areas or areas containing any native vegetation; (3) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of the project; (4) Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged into coastal waters; (5) Concrete trucks and tools used for construction of the approved development shall be rinsed off-site;
5-14-1310(City of San Clemente)
7 (6) Erosion control/sedimentation Best Management Practices (BMP’s) shall be used to control dust and sedimentation impacts to coastal waters during construction. BMP’s shall include, but are not limited to: placement of sand bags around drainage inlets to prevent runoff/sediment transport into coastal waters; and
(7) All construction materials, excluding lumber, shall be covered and enclosed on all sides, and as far away from a storm drain inlet and receiving waters as possible.
Best Management Practices (BMP’s) designed to prevent spillage and/or runoff of construction-related materials, sediment, or contaminants associated with construction activity shall be implemented prior to the onset of such activity. Selected BMP’s shall be maintained in a functional condition throughout the duration of the project.
7. Landscaping – Native, Drought Tolerant, Non-Invasive Plants. All areas affected by construction activities not occupied by structural development shall be re-vegetated for erosion control purposes.
Vegetated landscaped areas shall consist of non-invasive and drought-tolerant plants. No plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.org/), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.org/), or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a “noxious weed” by the State of California or the U.S.
Federal Government shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources (See:
http://www.owue.water.ca.gov/docs/wucols00.pdf).
IV. FINDINGS AND DECLARATIONS:
A. PROJECT DESCRIPTION AND LOCATION
The City of San Clemente (applicant) proposes to construct a 32-space asphalt paved surface public beach parking lot on an 18,000 sq. ft. slightly sloped vacant lot in North Beach. The proposed plan includes the installation of an electronic pay station, lighting, benches, bike racks, pedestrian entry portal, and new landscaping (Exhibit #3). The proposed entry portal is a 16 ft. high, 18 ft. wide pedestrian archway located in the northwest corner of the lot, the design of which is consistent with the traditional Spanish Colonial Revival architectural details in the area.
There was also a three foot high masonry wall proposed along El Camino Real in the original plan which the City now proposes to be replaced with landscape materials not exceeding two to three feet in height in order to maintain visual resources. The parking lot will have approximately 142 feet of frontage along North El Camino Real and will have a single ingress and egress point along Calle Deschecha at the southeast corner of the lot. In addition, a modular wetland unit is proposed in the southwest corner of the lot for treatment of water runoff and water quality.
5-14-1310(City of San Clemente)
8 The proposed project is located between the first public road and the sea at 1832 North El Camino Real in the City of San Clemente, Orange County (Exhibits #1 & #2). The subject lot is a City owned vacant lot in the North Beach area located between Avenida Estacion to the east and Avenida Pico to the west, with frontage along El Camino Real to the north and Calle Deshecha to the south. Existing development includes Kaylani Coffee to the west and Ichibari Restaurant to the east. The site is adjacent to the larger, 250 space, North Beach parking lot, the North Beach public beach access point, and the North Beach MetroLink/AmTrak train station.
The site is designated MU3 (mixed use) in the certified City of San Clemente Land Use Plan (LUP).
At the January 8, 2015 Coastal Commission hearing, Coastal Commission staff presented the proposed plan for the North El Camino Real Parking Lot located in the City of San Clemente, Orange County. During the hearing, several members of the public expressed opposition to the City’s proposed project and raised issues concerning: 1) visual impacts, 2) the use of impermeable pavement, and 3) public safety. Project opponents submitted an Alternative El Camino Real Parking Lot Plan at the hearing, (Exhibit #5) and the Commission subsequently continued the item so that the City could review the Alternative Plan in an effort to address the issues raised by the opposition, which will be discussed below.
B. PUBLIC ACCESS
Section 30210 of the Coastal Act states:
In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
Section 30212 of the Coastal Act states, in part:
(a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where:
(2) Adequate access exists nearby, or,
Section 30213 of the Coastal Act states:
Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.
Section 30252 of the Coastal Act states, in part:
The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service…(3) providing 5-14-1310(City of San Clemente)
9 non-automobile circulation within the development, (4)providing adequate parking facilities or providing substitute means of serving the development with public transportation...
Section 30253 of the Coastal Act states, in part:
New development shall do all of the following:
(c) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development. (d) Minimize energy consumption and vehicle miles traveled. (e) Where appropriate, protect special communities and neighborhood that, because of their unique characteristics, are popular visitor destination points for recreational uses.
Section 303 of The Coastal Access Policies of San Clemente’s Certified Land Use Plan requires:
IX.11 Additional off-street public parking spaces to serve beach accessways through the maximize use of existing beach parking lots and creation of new parking lots where feasible.
As shown in Exhibit #1, the proposed municipal parking lot will be located between the first public road and the sea, inland of the Orange County Transit Authority (OCTA) railroad tracks.
Vertical public access to the public beach is available approximately 540 feet to the south from the site at North Beach.
The proposed municipal parking lot will add 32 spaces to the stock of public beach parking available at North Beach access point. North Beach is a popular regional coastal access point, as it is located along a popular regional bike route along El Camino Real. It is also the trailhead to the popular San Clemente Coastal Trail, and is the site of a Metrolink/Amtrak train stop. North Beach is identified as a primary beach access point in the City with the greatest number of public parking spaces (approximately 250 off-street and 100 on-street) in the City’s certified LUP. Out of 18 coastal access points throughout the City, only 5 access points provide off-street public parking at municipally owned parking lots, these are North Beach, Linda Lane City Park (135 parking spaces), San Clemente Municipal Pier (235 parking spaces), T-Street (150 parking spaces), and at the Calafia/San Clemente State Beach access point (210 parking spaces) (See Exhibit #4).
In past permit action, the Commission has found that parking rate changes for on-street and offstreet public parking can adversely impact public access. If parking rates are significantly raised, or are set high in the case of new parking spaces, those rates can discourage use by the public and force the public to find parking elsewhere, or avoid the area altogether and travel to other beaches. Currently, public parking in the existing public parking lot at North Beach is available 24 hours a day to the public. Paid parking is only required from 9am to 6pm, 7 days a week at a fee of $1.50/hour. The proposed new parking lot is intended to increase the stock of public beach parking spaces at North Beach and the City plans to implement the same parking fee, fee schedule, and operating hours imposed at the existing North Beach municipal beach parking lot. To ensure adequate public access is maintained in the future, the Commission imposes Special Condition #2 requiring the applicant to agree that any change in the rate 5-14-1310(City of San Clemente)
10 charged for parking or method of fee collection will require Executive Director review to determine if an amendment to this permit or a new permit will be required. Any proposed changes to the approved project, including but not limited to a fee increase of 25% or more in any given year or 50% or more on a cumulative basis over any three consecutive year period or new development, shall require an amendment to the permit or a new permit.
Furthermore, according to a report by the California Department of Energy (Tracking Progress, September 2, 2014), in 2013, sales of plug-in battery electric vehicles (PEVs) were three times the number sold in 2012 and between March 2010 and March 2014, more than 83,000 PEVs were sold in California. With the use of electric vehicles increasing, the demand for charging stations also increases. Because of the increase use in electric, or hybrid vehicles, public and private lots should provide spaces for charging vehicles which will improve public access through the provision of adequate parking facilities for both gas and electric vehicles.
At this time there is no established standard for the ratio of electric charging spaces per standard vehicle spaces for public lots; however, CALGreen (California Green Building Code, California Building Standards Commission 2012 Supplement) offers municipalities a voluntary standard for PEV charging at commercial, retail and other nonresidential locations, of one PEV charging space for a parking lot of 1-50 spaces, two charging spaces for 51-200 spaces, and four charging spaces for over 201 parking spaces. Although the proposed public lot does not fit these type of listed uses, this standard gives a general range that could be applied to this type of parking use.
Because the proposed lot is small, providing 32 parking spaces, providing one space for electric vehicle charging, consistent with the above standard, will be adequate. Therefore, to maximize use and public access, Special Condition #1 requires revised plans showing the location of one PEV charging station within the proposed 32 space parking lot. In discussions with the applicant, the applicant has agreed to provide one PEV charging station.
Furthermore, as stated, the proposed site is located near a regional bicycle route along El Camino Real, and a beach bicycle route. The applicant has proposed to provide bike racks for five bicycles. Because of the location along the popular bike routes, the proximity to the public beach, and other visitor serving uses, the area is heavily used by bicyclists. Because of the location and heavy use of the area, the lot should provide a minimum of ten spaces. The lot as designed is large enough to accommodate ten or more bicycle spaces within the proposed hardscape areas without affecting the number of parking spaces or proposed green space. By providing additional bicycle racks, public beach access will be improved by providing designated and secured areas for alternative modes of transportation. Therefore, the revised plans required in Special Condition #1 also include the requirement of providing a minimum of 10 bicycle spaces. In discussions with the applicant, the applicant has agreed to provide the additional bicycle spaces.
Construction Phase Impacts to Access
5-14-1310(City of San Clemente)
11 The applicant provided a construction phase staging area, included as Exhibit #14. The proposed staging plan map depicts use of a 18 ft. x 45 ft. area within the 250-space North Beach public beach parking lot and would take up five (5) public parking spaces. Project construction is anticipated to take approximately 8 months. A limited number of public parking spaces are anticipated to be temporarily impacted during the construction period, and construction is planned to occur during the non-summer period, therefore construction will not have a significant impact to public coastal access within the project vicinity.
Furthermore, to ensure adverse construction phase impacts are minimized, Special Condition #4 requires the applicant limit the proposed staging area to a proposed 18 ft. x 45 ft. area within the existing paved surface of the North Beach parking lot and ensuring that beach areas and sensitive habitat areas are not used for construction staging or storage of material and equipment.
During the hearing January 8, 2015 Commission hearing, opponents of the applicant’s project raised concerns that the City’s Project as proposed was “dangerous to both motorists and pedestrians by funneling both cars and people in the same single entry and exit point to the lot.” They also contend “as two-way traffic circles the lot, a potential ‘bumper car’ situation creates dangerous conditions.” (Exhibit #5) Proponents of The Alternate El Camino Real Parking Lot Plan utilized a separate in and out driveway and one way traffic through The Alternate Plan which they asserted was safer. Proponents of The Alternate Plan have not submitted any data to support this assertion.
The City has reviewed the opponent’s alternative plans, which were presented to the city council.
The City maintains they have designed the proposed parking lot plan to take into account public safety. Additionally, the applicant cited one study “Final Report: Aging Drivers and Pedestrian Safety; Parking lot Hazards Study BDK83-977-12” which determined there was “no evidence that the frequency of severe crashes differed between parking lots with one-way aisles, two way aisles, or a combination of both.” The City contends that a one way route through the parking lot with a separate entrance and exit as designed in the Alternate Plan could create an unsafe condition whereby motorists may utilize it as a “u-turn” area at an increased speed, whereas the applicant’s proposed design will have the effect of slowing down traffic because it is larger with two lanes of traffic flowing in opposite directions causing motorists to enter and exit the parking lot at slower speeds. Nevertheless, although the City does not agree that one design is significantly safer than the other, the City has modified their plan to be striped and signed for one way traffic in and out of a single ingress and egress driveway to address the opponents’ public safety concerns (Exhibit #7).
The proposed project will improve public access through the provision of additional public parking in an area that is heavily used by the public and will provide safe access for vehicles, bicyclist, and pedestrians. As designed and conditioned, the project will not have any significant adverse impacts to public access and will be consistent with the certified Land Use Plan and with the applicable Chapter 3 access policies of the Coastal Act.
D. SCENIC AND VISUAL RESOURCES
5-14-1310(City of San Clemente)
12 Section 30251 of the Coastal Act states that:
The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.
New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.
Sections 305 of the Visual Resource Policies of the Coastal Element of the City of San Clemente’s Land Use Plan require:
XII.3 Avenida Pico and El Camino Real be maintained and preserved as scenic corridors in accordance with the Scenic Highways Element of the General Plan (GP Policy 5.1.1).
XII.5 Preservation of the aesthetic resources of the City, including coastal bluffs, visually significant ridgelines, and coastal canyons and significant public views.
XII.9: Preservation of significant public view corridors to the ocean.
The subject site is a vacant lot located at 1832 El Camino Real. From this location, existing public coastal views were analyzed from different vantage points along El Camino Real and adjacent locations, and how those views may be impacted by the proposed project. The existing view from Marblehead Park adjacent to Avenida Pico across El Camino Real to the north has views over and across the proposed site of open coastal waters (Exhibit #8). The view from Avenida Pico, north of El Camino Real looking over the proposed parking lot is also of open coastal waters (Exhibit #9). From a pedestrian’s viewpoint walking along El Camino Real, and vehicles traveling along El Camino Real, blue water views exist, but are relatively obstructed by the North Beach parking lot, existing trees and vegetation, elevated train station platform, and passenger shelters. (Exhibit #10).
During the January 8, 2015 hearing, opponents of the City of San Clemente’s (applicant) project raised concerns regarding the scenic and visual impacts of the City’s Project as proposed.
Specifically, that the public ocean view for motorists, bicyclists, and pedestrians traveling through the El Camino Real public view corridor would be blocked by the parked cars and proposed trees (Melaleuca Linarifolia) in the City’s Conceptual Landscape Design at the City’s proposed project elevations.
The applicant maintains that the initial plan did not have significant impact upon coastal views because of the relatively low profile of the parking lot as proposed. An average sized vehicle parked in the proposed parking lot near El Camino Real has little impact on already obstructed views from the north side of El Camino Real (Exhibit #11).
5-14-1310(City of San Clemente)
13 However, after discussions with staff and considering the opponents alternative project, the City of San Clemente staff developed a Modified Parking Lot Grading Plan. The Modified Plan for the parking lot lowers the grade of the parking stalls closest to El Camino Real by approximately two feet, which will result in a landscaped downslope from El Camino Real parking lot to the parking stalls and a reduction in the grade of the parking lot to one percent.
A view corridor profile of the City’s Modified Parking Lot Grading Plan (Exhibit #12) shows pedestrians and vehicles traveling along El Camino Real at approximately 24 feet in elevation, with cars parked in the proposed lot at approximately 21 ft. in elevation, which is 3 feet lower in elevation. This cross section of the view corridor demonstrates that lowering the parking lot surface elevations minimizes view corridor issues for pedestrians walking on sidewalks and vehicles traveling along El Camino Real. The city engineer has confirmed that two feet is the maximum depth that can be achieved in lowering the elevation of the site, as there is an existing concrete storm control channel that crosses underneath the proposed lot from El Camino Real to Calle Deshecha.
Therefore, post project, views from Marblehead Park adjacent to Avenida Pico across El Camino Real to the north will not be obstructed due to the higher existing elevations of this location. The view from Avenida Pico north of El Camino Real looking over the proposed lot will also remain visually similar as they currently exist of open coastal waters. Finally, views from pedestrians and vehicles travelling on El Camino Real will virtually remain the same.
Opponents of the Applicant’s Revised Parking Lot Plan subsequently submitted two more parking lot plans: The Alternative El Camino Real Parking Lot Plan and Modified Alternative El Camino Real Parking Lot Plan (Exhibit #6b). Opponents to the City’s Revised El Camino Real Parking Lot Plan contend that their plan is still safer, and have less negative impact on the view corridor because of the wider setback between El Camino Real and the first row of parking spaces. (Exhibit #6a) After reviewing these plans, the Commission finds that since the City has addressed the opposition’s concerns regarding safety by changing it to one way direction of traffic, and has lowered the grade by 2 feet to minimize view impacts, these concerns have been adequately addressed.
Another potential visual impact concern raised is the proposed archway. The conceptual landscaping plan provided as Exhibit #3 provides a photographic example of a typical pedestrian archway. The proposed Spanish style entry portal (pedestrian archway) will be located in the northwest corner of the parking lot just off of El Camino Real. The portal will be approximately 16 feet high and 18 feet wide. Because of the location, its proximity to the adjacent development (restaurant and retail building) and minor size of the portal, the structure will not have a significant adverse impact on coastal views from El Camino Real. The majority of the lot will remain open, and coastal views will continue to be available along the adjacent roadway.
After review of the submitted landscaping plan, Commission staff determined that the proposed trees (Melaleuca Linarifolia) would obstruct coastal views across the parking lot from along El Camino Real out to the ocean, because when grown to maturity, such trees would have a wide trunk and full canopy, with the canopy extending as much as twenty feet in width. This issue was also raised by opponents of the proposed plan. Staff discussed with the applicant replacing 5-14-1310(City of San Clemente)
14 the proposed trees in this location with alternative trees/plants that would have a narrower profile, such as palms, or low growing shrubs, that would protect the coastal views. The applicant is in agreement and will revise the landscaping to substitute palm trees for the seven centrally located canopy trees in the City’s Conceptual Landscape Design to protect the public ocean view corridor. The palms will be drought tolerant and non invastive, which is consistent with Special Condition #7. In addition, landscape design provides for open views throughout the parking lot, with trees and low-profile shrubs to maintain views from Avenida Pico. The proposed pay station and new signs are well below the City’s height limits (33 feet) for structures in the area and will have no adverse impact on public coastal views.
Security lighting will be provided within the parking lot. The surrounding area provides lighting along the public streets and within the adjacent public parking lot and train station. The lighting will be directed into the parking lot to minimize light spillage, and will be consistent with the surrounding area. Therefore, the proposed lighting will not have a significant effect on the surrounding area.
As proposed, the Commission finds the proposed development consistent with Section 30251 of the Coastal Act, and Sections 305 of the Visual Resource Policies of the Coastal Element of the City of San Clemente’s Land Use Plan.
E. WATER QUALITY
Section 30230 of the Coastal Act states, in pertinent part:
Marine resources shall be maintained, enhanced, and where feasible, restored… Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.
Section 306 Water and Marine Resources Goals and Policies of the Coastal Element of the City of San Clemente’s Land Use Plan state in part:
XIV.2 The biological productivity and the quality of coastal waters…appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of wastewater discharges and entrainment, and controlling runoff.
5-14-1310(City of San Clemente)
15 Paved surfaces can potentially increase offsite water runoff, and the construction of a parking lot can potentially increase the quantity of petroleum by-products entering adjacent streams and the ocean. To address potential runoff, the applicant provided a Water Quality Management Plan (Exhibit #13) and hydrology calculations for the proposed paved surface parking lot project.
The applicant is proposing a manufactured bio retention product consisting of a 3 ft. x 6 ft. “modular wetland unit” designed around the space constraints of the site while providing the necessary treatment for low water runoff. The applicant considered a bio-swale option and determined that there is not sufficient length available within the site for effective use of this water quality BMP option. Discharge from the filtration system will be directed to the adjacent municipal flood control channel.
During the January 8, 2015 hearing, opponents of the applicant’s project objected to the applicant’s overuse of impermeable pavement in their proposed design, and suggested that the parking lot should be designed to allow water to infiltrate into the subsurface soil. The applicant has examined this issue and has determined that the underlying soils in this location are part of the Capistrano Formation, which consist mainly of clayey silts that allow minimal volumes of water to percolate through the soils, and therefore do not drain well. To support this assertion, the applicant has submitted a geotechnical report prepared by LGC Geotechnical, Inc. entitled “Preliminary Geotechnical Evaluation for the North Beach/El Camino Real Beach Parking Lot, 1832 North E Camino Real, San Clemente, California”. The study investigated infiltration capabilities of the proposed parking lot’s underlying soils, the results of which substantiated a negligible rate of water infiltration at the locations tested due to the significant amounts of clay soils that are not considered permeable and thereby not good for infiltration. The hydrology study concluded that the calculated soil permeability of the soil at the project site is 0.04 inches per hour, which is a negligible rate of water infiltration, making onsite infiltration of water runoff as a water quality Best Management Practice (BMP) not a viable option. The Commission’s staff geologist, Mark Johnsson tends to agree with the City’s assertion; that based on the composition of the proposed parking lot’s underlying clayey soils in this location, there is relatively no advantage in utilizing permeable pavements that drain into such poor draining soils.
Furthermore, the city’s engineer has indicated that designing a surface to allow infiltration over such soils can cause a “perching” condition in the soil which could potentially cause damage to the parking lot and attached structures. Therefore, Commission staff is in agreement with the city engineer and geologists that the use of impermeable surfaces in this instance would have little to no effect on water infiltration and is therefore not necessary.
In order to ensure that the proposed modular wetland unit is maintained in working condition, Special Condition #5 requires the applicant to inspect and maintain all proposed structural and/or treatment control BMPs for the life of the project in accordance with well-recognized and accepted design principles and guidelines. Additionally, Special Condition #6 requires the applicant comply with standard construction phase BMPs to minimize the effects of construction activities on the marine environment.
As conditioned, the project will minimize potential adverse impacts on coastal waters to such an extent that it will not have a significant impact on marine resources, biological productivity or coastal water quality. Therefore, the Commission finds that the proposed development, as conditioned, conforms to Sections 30230 and 30231 of the Coastal Act and Section 306 of the 5-14-1310(City of San Clemente)
16 City’s Certified Land Use Plan regarding the protection of water quality to protect marine resources, promote the biological productivity of coastal waters and to protect human health.
G. LOCAL COASTAL PROGRAM
Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal development permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program that conforms to Chapter 3 policies of the Coastal Act. The Commission certified the Land Use Plan for the City of San Clemente on May 11, 1988, and certified an amendment approved in October 1995. On April 10, 1998, the Commission certified with suggested modifications the Implementation Plan portion of the Local Coastal Program. The suggested modifications expired on October 10, 1998. The City resubmitted on June 3, 1999, but withdrew the submittal on October 5, 2000.
The proposed development, as conditioned, is consistent with the policies contained in the certified Land Use Plan. Moreover, as discussed herein, the development, as conditioned, is consistent with the Chapter 3 policies of the Coastal Act. Therefore, approval of the proposed development will not prejudice the City's ability to prepare a Local Coastal Program for San Clemente that is consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(a).
F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect that the activity may have on the environment.
The City of San Clemente is the lead agency for purposes of CEQA compliance. As determined by the City, the project is categorically exempt pursuant to CEQA as a Class 11 exemption pursuant to CEQA Guidelines Section 15311 because the project consists of the City constructing a small parking lot for beach parking accessory to an institutional facility, beach parking provided for public recreation. In order to ensure compliance with Coastal Act requirements, the Commission adopts additional mitigation measures including: special conditions related to compliance with construction-related best management practices (BMPs), drainage, landscaping, and future development. As conditioned, the proposed project is consistent with the public access, water quality and visual resource protection policies of the Coastal Act and there are no feasible alternatives or additional feasible mitigation measures available which would substantially lessen any significant adverse effect, which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act and CEQA. 5-14-1310(City of San Clemente)
17 APPENDIX A
SUBSTANTIVE FILE DOCUMENTS
City of San Clemente LUP
Approval-in-Concept dated 7/25/14
Conditional Use Permit 13-478
Minor Cultural Heritage Permit 14-004