City of Encinitas Planning Commission MINUTES

City of Encinitas Planning Commission

DRAFT MINUTES

Thursday, December 17, 2015 6:00 p.m.

City Council Chambers 505 South Vulcan Avenue Encinitas, California 92024

A copy of the Planning Commission meeting packet may be viewed by the public in the Planning and Building Department

lobby and on the City’s webpage at www.ci.encinitas.ca.us/index.aspx?page=50.

The Commission welcomes you and encourages your continued

interest and involvement in the decision-making process.

1. CALL TO ORDER 2. ROLL CALL

O’Grady absent 3. PLEDGE OF ALLEGIANCE 4. ORAL COMMUNICATIONS / POSSIBLE DIRECTION

TO STAFF 5. CHANGES TO THE AGENDA 6. CONSENT CALENDAR

PLANNING COMMISSIONERS

Michael Glenn O’Grady, Chair

Tony Brandenburg, Vice Chair

Rubén Flores

Greg Drakos

Tasha Boerner Horvath

SECRETARY

Manjeet Ranu, AICP

Acting Director of Planning &

Building

ATTORNEY

Greg Lusitana

Assistant City Attorney

CLERK

Deana Gay

[email protected]

760-633-2710

January 7, 2016 ITEM 6A 1 of 17

http://www.ci.encinitas.ca.us/index.aspx?page=50

mailto:[email protected]

Agenda Item: 6A Name: Approval of Minutes for the Planning Commission meeting

of November 19, 2015 Staff Contact: Deana Gay, Planning Commission Clerk

[email protected] STAFF RECOMMENDATION: APPROVE

Action: APPROVED (4-0) Changes to the Resolution: None Notes: None Public Testimony: None

Agenda Item: 6B Project Name: Enclave Final Map Request: Final Map Approval Discretionary Actions: 01-239 TM/MUP/DR/CDP/EIA CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number: 01-239 TM/MUP/DR/CDP/EIA Location: Vacant Berryman Canyon Road Community: New Encinitas APN: 262-080-19, -21, -22, -23 & -24 Applicant: Development Solution Enclave, LLC Representative: Sean Kilkenny


http://archive.ci.encinitas.ca.us/weblink8/0/doc/731890/Page1.aspx




Staff Contact: Jesse Owens, [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

No

Report Approval: Edward Deane

Manjeet Ranu, AICP, Acting Director Recommended Actions: 1. Conduct the public hearing; and

2. Approve the Final Map


Agenda Item: 6C Project Name: Hague/Sinclair Duplex Request: Remodel the exterior façade of an existing single-story

duplex, construct a new first and second story addition and restore an illegal garage conversion back to a two-car garage.

Discretionary Actions: Design Review Permit (DR)

Coastal Development Permit (CDP) CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number: 15-077 DR/CDP Location: 154 & 156 Phoebe Street Community: Leucadia APN: 254-230-12 Applicant: Jeff and Ashley Hague / Colin and Catherine Sinclair




Representative: Gary Cohn, Cohn and Associates Project Planner: Katie Innes, Associate Planner, [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

No

Report Approval: Roy Sapa’u, Senior Planner


2. Adopt the resolution APPROVING the project, subject to conditions


Agenda Item: 6D Project Name: Olivenhain Guest Home Carport and Solar Request: Construct a new carport with roof-mounted solar panels Discretionary Actions: Major Use Permit Modification (MUPMOD)

Design Review Permit (DR) CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number: 15-035 MUPMOD/DR Location: 350 Cole Ranch Road Community: Olivenhain APN: 265-023-61 Applicant: HKJS LLC. (Hank and Suzanne Kurtz)




Representative: BMC Solar, Chris Naire Project Planner: Katie Innes, Associate Planner, [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

No


Manjeet Ranu, AICP, Acting Director

Recommended Actions: 1. Conduct the public hearing; and



Agenda Item: 6E Project Name: SR Commercial Request: Color and material changes to the exterior of a commercial

building and reconfiguration of an approved parking lot area. Discretionary Actions: Design Review Permit Modification (DRMOD)

Coastal Development Permit (CDP) CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number: 15-242 DRMOD/CDP Location: 669 Second Street Community: Old Encinitas APN: 258-162-09




Applicant: SR Commercial Representative: Logan Anderson, Architect (DZN Partners) Project Planner: Todd Mierau, Associate Planner, [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

No



2. Adopt the resolution APPROVING the project, subject to conditions.


On MOTION by Boerner, SECONDED by Drakos, above CONSENT ITEMS were APPROVED, except Item 6F was removed by the public. VOTE: 4-0

7. ITEMS REMOVED FROM THE CONSENT CALENDAR

Agenda Item: 6F Project Name: Leucadia Towing Request: Construction of a new vehicle towing operations and

impound yard. Discretionary Actions: Major Use Permit (MUP)

Design Review Permit (DR) Coastal Development Permit (CDP)

CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE




Project Number: 15-152 MUP/DR/CDP Location: 601 Santa Fe Drive Community: Cardiff-by-the-Sea APN: 260-121-15 Applicant: San Dieguito Water District Representative: Leucadia Towing Project Planner: Todd Mierau, Associate Planner, [email protected] Commission Meeting Date: December 17, 2015 Denied City Council Hearing Required?

No




Action: DENIED (4-0) MOTION by Flores, SECONDED by Drakos

Changes to the Resolution: DENIED based on the findings that the permit as submitted

is not compatible and will adversely affect the neighboring properties. Negative impacts that result from the operations, especially the impound operations, including noise and traffic; inadequate transition to the surrounding neighborhood in consideration of these operational impacts.

Notes: None Public Testimony: Six speakers opposed due to concerns about compatibility

with existing residences and traffic impacts; concerned that this project will detract from an improving neighborhood



8. REGULAR AGENDA

Agenda Item: 8A Project Name: Leucadia Shell Request: Demolish and existing mini-mart and auto-service shop and

replace with a marketplace, car wash, vacuums and an additional gas dispenser.

Discretionary Actions: Major Use Permit (MUP)

Design Review Permit (DR) Parcel Map Waiver (PMW) Coastal Development Permit (CDP)

CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number: 15-018 MUP/DR/PMW/CDP Location: 860 Orpheus Avenue Community: Leucadia APN: 256-121-29 & -34 Applicant: S&L Oil, Inc. Representative: Gary Engineering Project Planner: Anna Yentile, Associate Planner, [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

No


Manjeet Ranu, AICP, Acting Director Recommended Actions: 1. Conduct the continued public hearing; and


Action: CONTINUED TO A DATE UNCERTAIN (3-1, Boerner Horvath against) MOTION by Drakos, SECONDED by Flores




Continue to a date uncertain to allow additional staff review of significant new information submitted by the applicant after the docket setting deadline

Further justify General Plan conformance about the demonstrated need for car wash use

Further explore the appropriateness or not of the accent lighting on the canopy and building; confirm signage lighting

Provide more information on traffic as well as actual traffic counts

Explore an alternative location for the water quality basin that’s not situated adjacent to residential

Reevaluate the architecture to more closely consider the character that’s in Leucadia because the architecture proposed is too boxy and to consider the fact that the Starbucks/Subway building on Orpheus is not considered what’s to be Leucadia character

Changes to the Resolution: N/A Notes: This was a continued public hearing from November 19,

2015, due to mandatory meeting stop time of midnight; applicant submitted changes to the project description after agenda setting deadline and a late Caltrans letter was received necessitating review; some concern about the adequacy of the transition/buffering between the car wash and adjacent residentially-zoned property although others noted that the project is next to the freeway and car wash less impactful than auto repair use that is being terminated; do not docket if there are changes after docket setting deadline; interest in facilitating an appropriate project to revitalize this deteriorated site

Public Testimony: Four speakers opposed; concerned about alcohol sales, but

staff clarified that alcohol sales are a permitted use except that a finding of public convenience or necessity is required by staff, appealable to Council and not in Commission’s purview; concerns about traffic

Agenda Item: 8B Project Name: Hyslop Residence Request: Variance for an attached two-car garage within the rear yard

setback and consolidate two existing lots into one lot. Discretionary Actions: Variance (V)

Parcel Map Waiver (PMW)



Coastal Development Permit (CDP) CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number: 15-060 V/PMW/CDP Location: 2387 Montgomery Avenue Community: Cardiff-by-the-Sea APN: 261-092-31 Applicant: Ryan and Carla Hyslop Representative: Norman Sanchez, Architect Project Planner: Todd Mierau, Associate Planner [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

No



2. Adopt the attached resolution APPROVING the project, subject to conditions

Action: APPROVED (4-0) MOTION by Drakos, SECONDED by Boerner

Changes to the Resolution: None Notes: None Public Testimony: Applicant’s representative only

Agenda Item: 8C

Project Name: Urban Agriculture Ordinance Request: A study session to discuss the Draft Urban Agriculture




Ordinance No. 2015-08, which proposes changes to the City’s regulatory codes to promote and encourage agriculture related activities. No final action will be taken at this meeting.

Discretionary Actions: Municipal Code Amendment

Local Coastal Program Amendment Specific Plan Amendment

CEQA Recommendation: Exempt STAFF RECOMMENDATION: REVIEW AND PROVIDE DIRECTION TO STAFF Project Number: 15-232 POD Location: Citywide Community: Citywide APN: N/A Applicant: City of Encinitas Representative: Department of Planning and Building Project Planner: Laurie Winter, Associate Planner, [email protected] Commission Meeting Date: December 17, 2015 City Council Hearing Required?

Yes

Report Approval: Mike Strong, Senior Planner Manjeet Ranu, AICP, Acting Director

Recommended Actions: 1. Receive the staff report;

2. Receive and consider public testimony; and 3. Provide direction to staff regarding the clarity of the

purpose and intent of the ordinance; study topic schedule; and policy questions for the next discussion.

Action: Commission provided the following direction:

1. Topics should be at the beginning of the meeting

agenda.

2. Review of the Ag Ordinance is a priority; however, the

pace at which the Ordinance will be reviewed will be

based on the Commission’s workload, which includes

the high priority project, At Home in Encinitas, as well as

other project applicants.

3. No particular dates for future study sessions were



selected. Instead, staff will work with the Chair to

schedule each session based on the Commission’s

workload.

4. The Commission has tentatively set the following topic

sessions as follows:

A. Topic 2 Study Session

- Key Policy Issues

- Agriculture Permit

- Definitions

- Overview of Home Occupation regulations

and Business Registration Certificates

B. Topic 3 Study Session

- Chickens

- Miniature Goats

- Bees

- Other animals and 4H programs

C. Topic 4 Study Session

- Agricultural Production

- Agricultural Product Stands

- Community Gardens

- Farmers’ Markets

- Aquaculture, Hydroponics and Aquaponics

- Agriconnection Activities

Changes to the Resolution: N/A Notes: Concerns about over regulation; compare to existing

regulations

Focus on modernizing regulations to reasonably accommodate urban agricultural uses; differentiate based on community character contexts/zoning

Concerned about public safety with bees; ensure proper noticing

Commission now understands the purpose of the draft ordinance better

Commission accepted staff’s responses to August issues raised

Public Testimony: One speaker in support

9. FUTURE AGENDA ITEMS ADDED BY PLANNING COMMISSIONERS

None


10. PLANNING COMMISSION AND DIRECTOR REPORTS Agenda Item: 10A Project Name: Planning Commission’s Annual Report and Work Plan

Committee

Request: Discussion and direction on Committee’s update

Applicant: Planning Commission Project Planner: Recommended Actions:

Manjeet Ranu, AICP Acting Director of Planning & Building 1. Receive the Committee’s presentation; 2. Conduct the public hearing; 3. Accept the Committee’s progress report.

Action: Commission accepted Committee's approach as presented; wants to see the list and understand priorities

Changes to the Resolution: N/A Notes: None Public Testimony: None

Agenda Item: 10B Project Name: At Home in Encinitas

Request: Develop the content and format of future study sessions.

Project Number:

14-200 POD

Applicant: City of Encinitas Project Planner: Michael Strong, Senior Planner Report Approval:

[email protected] Manjeet Ranu, AICP Acting Director of Planning & Building






Recommended Actions: 1. Receive the staff presentation; and 2. Provide general input to staff, initiating study session

review. At the conclusion of the study sessions, the Commission will hold formal Public Hearings and forward a final recommendation to City Council.

Action: Commission accepted the approach, with staff’s suggested revisions to add discussion about accessory and unpermitted units during the Zoning Standards discussion and hold final recommendation hearings in May

Changes to the Resolution: N/A Notes: None Public Testimony: None

ACTING DIRECTOR’S REPORT Meeting twice a month for foreseeable future

At Home in Encinitas o AUP/HCP programs extended to June 2016 by Council; want Commission to

explore how to preserve quality units safely o Community Conversations another tool for At Home in Encinitas outreach

Council actions o Biergarden appealed o Mediation approved

City Council short term work program endorsed o Four mobility planning programs transferred to Planning and Building Department

Open items for follow up: o Provide an overview of how noise studies are conducted o Other training topics

11. ADJOURNMENT (10:00 P.M.)

Adjourn to the regular meeting on January 7, 2016. Sole item is proposed to be At Home in Encinitas.

PROCEDURES FOR ADDRESSING THE COMMISSION

ORAL COMMUNICATIONS FOR MATTERS NOT ON THE AGENDA: Thirty (30)

minutes are set aside at each meeting for citizens who wish to address an issue not on

the agenda. The purpose of oral communications is to bring to the attention of the

Planning Commission a matter or matters which do not appear on the

agenda. Remarks shall be addressed to Planning Commission as a body and not to

any member of the Planning Commission, staff or the public. State law prohibits


Commission action on non-agenda items because the public would be unaware prior to

the meeting of any potential action. If needed, Oral Communication items will be

referred to the Planning and Building Department either for resolution by administrative

action or placement on a future agenda by the Mayor/Chair or at the request of at least

two Planning Commissioners. Each speaker is allowed three (3) minutes to address

the Planning Commission. Time donations are not permitted during Oral

Communications. Please submit a “WHITE” speaker slip to the secretary. Speaker

Slips will be accepted no earlier than 30 minutes before the start of the meeting.

CONSENT CALENDAR ITEMS: Those matters which are considered routine by the

Secretary shall be initially placed on the Consent Calendar. Before adopting the

Consent Calendar, the Chair will ask members of the public and members of the

Planning Commission whether anyone wishes to add an agenda item to the Consent

Calendar or to remove a matter from the Consent Calendar. Any member of the public

may remove an item from the Consent Calendar by submitting a “PINK” speaker slip to

the Commission Secretary. The Planning Commission will then proceed with

consideration of the remaining Consent Calendar. The Consent Calendar will be

enacted upon with one motion, and the ordinances being read by title will be

waived. There will be no separate discussion of these matters. Items pulled from the

Consent Calendar will be considered immediately following adoption of the remaining

Consent Calendar, and staff reports will only be given if requested by the person who

pulled the item. Each speaker is allowed three (3) minutes to address the Planning

Commission. A maximum of two time donations per speaker is allowed (no more than 9

minutes total). Please submit a “PINK” speaker slip to the Commission Secretary.

Speaker Slips will be accepted no earlier than 30 minutes before the start of the

meeting.

REGULAR AGENDA ITEMS: To speak on items listed on the agenda (other than Oral

Communications), please submit a “PINK” speaker slip to the Commission Secretary.

In addition, a person in attendance who wishes to register support or opposition to a

recommended action without speaking may do so by completing a “PINK” speaker slip

and checking the appropriate box and the box “but do not wish to speak”. Each speaker

is allowed three (3) minutes to address the Planning Commission. A maximum of two

time donations per speaker is allowed (no more than 9 minutes total); the person

donating time must be present. Speaker Slips will be accepted no earlier than 30

minutes before the start of the meeting.

VISUAL MATERIALS FOR PLANNING COMMISSION MEETINGS: To ensure that the

City meets your needs when addressing the Planning Commission, all presentation

materials which require the use of visual equipment need to be submitted to the City’s

IT Division no later than 5:30 p.m. on the day of the actual meeting. This includes

photographs, Microsoft Office documents (PowerPoint, Word, Excel), audio and visual


CDs, DVDs, and USB thumb/flash drives. All materials must be in PC format. Please

label all materials with the agenda item number you are representing. We prefer that

digital presentation items be emailed to [email protected] at least 24 hours in

advance of the meeting (except for appeal hearings where materials must be submitted

7 days in advance). Should technical assistance be necessary, it will be available to

presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of

video/digital/photographs is considered part of the maximum time limit provided to

speakers.

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT LAWS

Government’s duty is to serve the public, reaching its decisions in full view of the public.

Commissions, boards, councils and other agencies of the City exist to conduct the

people’s business. For more information on your rights under the Brown Act and other

State laws, visit the City’s webpage at http://www.ci.encinitas.ca.us/index.aspx?page=6

for more information.

Any writings or documents provided to a majority of the Planning Commission regarding

any item on this agenda received after the posting of the agenda and prior to the

meeting will be made available for public inspection in the City Hall Planning and

Building Department lobby during normal business hours.

The above mentioned agency is an equal opportunity public entity and does not

discriminate on the basis of race, color, ethnic origin, national origin, sex, religion,

veteran’s status or physical or mental disability in employment or the provision of

service. In compliance with the Americans with Disabilities Act/Section 504

Rehabilitation Act of 1973 if you need special assistance to participate in these

meetings, please contact the Planning Commission Clerk at 760-633-2710.

BROADCASTING OF MEETINGS

Live broadcasting of the Encinitas Planning Commission meetings will be transmitted for

each regularly scheduled meeting, which are held on the first and third Thursdays of

each month beginning at 6:00 p.m. on Channel 19 on Cox Communications, and

Channel 24 on Time Warner Cable. It will also be broadcast on AT&T U-Verse –

Channel 99, Program Name: “City of Encinitas Broadcasts” live on the Thursday

evening of the Planning Commission meeting. The Planning Commission meetings are

also broadcasted live via the Internet on our webpage at

http://www.ci.encinitas.ca.us/index.aspx?page=100. Past meetings will also be

archived for viewing via the internet.

REGULAR MEETING SCHEDULE AND TIME LIMITS





The Commission’s regular meetings are scheduled for every first and third Thursday,

beginning at 6 p.m. in the Encinitas Council Chamber. Special meetings may be called

as needed, pursuant to the Government Code and Brown Act.

The Commission must move to extend the meeting beyond 10 p.m. At midnight, the

meeting will be adjourned to the next meeting; no Planning Commission meeting may

extend past midnight.

APPEALS

Final action by the Planning Commission may be appealed to the City Council

accompanied by the required filing fee within 15 calendar days (10 days for maps) by

5:00 p.m. The actions are not final until the end of the appeal period, or if appealed, the

end of City Council reviews. Under California Government Code Section. 65009, if you

challenge the nature of the proposed action in court, you may be limited to raising only

those issues you or someone else raised at the public hearing described in this notice,

or in written correspondence delivered to the City of Encinitas at, or prior to, the public

hearing.

Items 6C, 6E, 6F, 8A and 8B are located in the Coastal Zone and require the issuance

of a Coastal Development Permit (CDP). The action of the Planning Commission

relative to Items6C, 6E, 6F, 8A and 8B may not be appealed to the California Coastal

Commission.


City of Encinitas Planning Commission MINUTES

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