2001-08-02
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Approved
September 20, 2001
City of
Encinitas
PLANNING COMMISSION
REGULAR MEETING AGENDA
AND MINUTES/SUMMARY
Civic Center - Council Chambers
Thursday, August 2,2001 - 6:00 PM
CALL TO ORDER
ROLL CALL
Commissioners Present:
At 6:07 PM by the Chair, Adam Birnbaum.
Chair Adam Birnbaum, Vice-Chair Joyce Crosthwaite,
Commissioners Anne Patton, Lester Bagg, and Alice Jacobson.
City Planner Bill Weedman, Senior Civil Engineer Masih Maher,
Senior Deputy Fire Marshal David Moore, City Attorney Glenn
Sabine, Project Planner Patrick Murphy, Associate Planner Mark
Hofman, Assistant Planner Kerry Kusiak, Associate Civil Engineer
Blair Knoll, Administrative Secretary Lea Kauflin.
PLEDGE OF ALLEGIANCE led by Commissioner Crosthwaite.
Staff Present:
PRESENT A nON made to Lea Kauflin, Administrative Secretary for the Community
Development Department and the first Secretary to the Planning Commission, June 1987 - August
2001.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
--
ADDED TO CONSENT CALENDAR: Items 7, 9, 10
Commissioner Bagg to work with staff regarding Item 10.
CONSENT CALENDAR CLOSED AND ADOPTED AS MODIFIED (Jacobson/Bagg). 5-0.
1.
Approval of the Minutes for the Regular Meetings of July 27,2000 and October 12,2000.
STAFF CONTACT: Lea Kauflin, Administrative Secretary.
Approved on the Consent Calendar.
VOTE: 5-0
2.
CASE NO: 00-093 TMlCDPÆIA; FILING DATE: July 18, 2001; APPLICANT:
Encinitas Ranch LLC (LB/L Concordia Encinitas Ranch LLC); LOCATION: South Mesa
Planning Area of Encinitas Ranch Specific Plan; DESCRIPTION:Approval of the Final
Map which conforms to Tentative Map No. 00-093, located within the South Mesa
Planning area of the Encinitas Ranch Specific Plan. ENVIRONMENTAL STATUS:
Based on the Program Final Environmental Impact Report for the ERSP and the Mitigated
Negative Declaration for the Master Map of the South Mesa Planning Area, the City
performed an environmental initial assessment, which determined all potential
environmental impacts have been identified and mitigated. A Statement of Overriding
Considerations has been adopted in conjunction with that documentation. STAFF
CONTACT: Masih Maher, Senior Civil Engineer.
STAFF CONCLUSI<?N: Staff recommends that the Planning Commission take the
following actions: 1) Approve the Final Map, which conforms to Tentative Parcel Map No.
00-093, and authorize the City Treasurer and the Secretary of the Planning Commission to
TEL 760-633-2600 FAX 760-633-2627
50S s. Vulcan An:nll". Encinitas. California 92024-3633 TD]) 760-633-DOo
~
~~ recycled paper
sign the map. 2) Authorize the Secretary of the Planning Commission to accept, on behalf
of the public, the offers of dedication of easements for public access, public sewer, public
drainage and public utilities. 3) Authorize the Secretary of the Planning Commission to
accept, on behalf of the public, the offers of dedication of easements for public open space
and public clear space. 4) Authorize the recordation of the Final Map after the mandatory
ten-day appeal period.
Approved on the Consent Calendar.
VOTE: 5-0
3.
CASE NUMBER: 01-092 MINV/CDP; FILING DATE: April 10, 2001; APPLICANT:
Ryan; LOCATION: 354 Neptune Avenue; DESCRIPTION: Minor front yard Variance,
a proposed reduction of the required 25 foot front yard from the required 25 feet to 20.25
feet, a reduction of 4.75 feet, and Coastal Development Permit for recreation room addition
to single family residence. ENVIRONMENTAL STATUS: The project is categorically
exempt from review pursuant to Section 1530 I of the CEQA Guidelines, which exempts
the operation or minor alteration of existing facilities from environmental review. STAFF
CONTACT: Michael 1. Young, Project Planner.
STAFF CONCLUSION: Continue to the Regular Meeting of September 6,2001.
Approved on the Consent Calendar.
VOTE: 5-0
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC - None
ORAL COMMUNICATIONS - None
REGULAR AGENDA
CASE NUMBER: 01-069 CDP/DR; FILING DATE: April 16, 2001; APPLICANT:
North County Transit District (NCTD); LOCATION: Parking Lot A is immediately west
of the railroad tracks between "D" Street and "E" Street; this also includes the existing
alley, which is under NCTD ownership. Parking Lot B is located on the southwest corner
of Vulcan Avenue and "E" Street, extending from "E" Street south to approximately "F"
Street. DESCRIPTION: Coastal Development Permit and Design Review Permit have
been submitted for the purpose of constructing two parking lots for use by transit ridership
and other uses as deemed appropriate by the City (i.e., downtown parking). Parking Lot A
proposes 75 parking stalls (3 of which are handicapped) and related landscaping/lighting.
Access to Parking Lot A would be off of an existing alley under NCTD ownership, which
will be improved, and the existing metal structure will be removed. Parking Lot B
proposes approximately 64 parking stalls with landscaping/lighting, as revised, with the
potential expansion to the south with additional parking and landscaping. Access to
Parking Lot B would be off of Vulcan Avenue. ENVIRONMENTAL STATUS: The
project is categorically exempt from CEQA Guidelines pursuant to Section 15275 (a),
which includes the modernization of parking facilities. STAFF CONTACT: Patrick
Murphy, Project Planner.
STAFF CONCLUSION: Before public comment is received the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
4.
MINUTES 99/080201Pc.MIN (9/10/01)
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findings necessary to make a decision on this application. A draft Resolution of Approval
is attached should the Commission take action to approve Case No. 01-069 CDP/DR.
Staff Report presented at 6:40 PM. Changes noted (see memorandum dated August 1,
200 I). Commissioner Patton asked if parking lots would disappear if double track and/or
lowering of tracks occur. The Chair stated that he understands the new parking lots will
be free of charge, same as the current parking lot. Response (Project Planner). This is
the assumption being made by the City as well.
Public Hearing opened at 6:45 PM.
Don Bullock, NCTD, 810 Mission Ave., Oceanside, CA 92054. Both parking lots will
be free of charge. Commissioner Crosthwaite: Noticed that bike storage is not included.
Response (D. Bullock): Not part of this project at present, but could look at that.
Ida Lou Coley, 61 McNeill Ave. Credit to Greg Stone for the redesign and landscaping.
Use of cactus is a reminder of the cactus park that existed around 1910. The train would
stop so people could tour that park. The process of working with the community has
produced a mutually satisfying solution. Thanked the City Manager for the new process.
Bart Smith, 682 Second St. President, DEMA. Greg Stone has worked to effect a good
compromise between landscaping and parking including handicapped parking. Have been
to Citizens Participation Program meetings and think this parking lot will be a great asset
for Downtown Encinitas.
Carolyn Cope, 47 McNeill Ave. Right in and right out is most important. Like the idea
of the plants, especially with the connection with the San Dieguito Heritage Museum and
the Commission for the Arts. Addition of landscaping to the parking lot is a benefit.
Support adding a bicycle storage area.
Public Hearing closed at 6:55 PM.
PLANNING COMMISSION DISCUSSION:
Support modifications to Conditions GIS and G 17 as noted in the Memorandum to the
Planning Commission dated August I, 2001. Modifications to Condition SCA are
contained on page 5 of that memorandum. The Commission clarified Condition SCA( 1),
noting that the landscaping within the extended parking lot portion shall be consistent with
the landscaping/parking lot design of Parking Lot B. Additional bike storage facilities
shall be provided.
On MOTION of Commissioner Crosthwaite, SECONDED by Commissioner Jacobson Case
No. 01-069 CDP/DR was APPROVED as modified above.
VOTE: 5-0. AYES: Birnbaum, Crosthwaite, Patton, Bagg, Jacobson
NO: None
ABSENT: None (7:00 PM).
5.
CASE NUMBER: 01-121 CDP; FILING DATE: November 30, 2000; APPLICANT:
City of Encinitas, Engineering Services Department; LOCATION: Quail Gardens Drive
from Encinitas Boulevard to just north of Quail Gardens Court; DESCRIPTION: Coastal
MINUTES 99/08020 1 Pc.MIN (9/10/01) 3
Development Permit has been submitted for the Quail Gardens Drive road improvement
project. The project proposes to improve 2,500 linear feet of Quail Gardens Drive
including widening pavement to 44 feet with median, curbs, gutters, bicycle lanes, and
sidewalks. Coastal Development Permit also includes replacement of greenhouses
adjacent to the road due to road improvements, and replacement of wood/carpentry shed
within Cam-Mar greenhouse property. ENVIRONMENTAL STATUS: The City has
performed an Environmental Initial Study, which has determined that no significant
negative environmental impacts would result from the proposed project design. Therefore,
a Mitigated Negative Declaration has been prepared in compliance with CEQA Guidelines.
STAFF CONTACT: Patrick Murphy, Project Planner.
STAFF CONCLUSION: Before public comment is received the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
findings necessary to make a decision on this application. A draft Resolution of Approval
is attached should the Commission take action to approve Case No. 01-121 CDP.
Commissioner Jacobson excused herself from the hearing room (possible conflict of
interest).
Staff Report presented at 7 PM. An arborist will be onsite when grading will affect the
roots of trees. Project will be phased to maintain present agricultural (as stated in the
General Plan) uses and costs. There will not be full parkway improvements. Retaining
walls will be interim - concrete block with landscaping in front, and an interim fence.
Will impact some greenhouses along the edge. Over time. as greenhouses sell, those
sidewalks will be pulled up and a parkway established. Existing development will require
permanent retaining walls consistent with that development.
Commissioner Crosthwaite: Will some trees in Quail Botanical Gardens be lost?
Response (Project Planner): An arborist is to be there when grading is to be done - will
need guidelines from the arborist as to how to sever the roots. Chair: Is the cost a City
cost as opposed to downstream projects? Response (Project Planner): The City.
Public Hearing opened at 7:10 PM.
Greg Garratt, 401 B St., San Diego, Attorney for CAM-Mar Growers. Will be asking
for a continuance for a month to address certain aspects. Concerned about a temporary
wall, 5' in height. The ultimate right-of-way would be 3'. Need to look at both direct and
the indirect impacts. A City goal is to preserve agricultural operations. There has been
talk about developing a Traffic Permit. Does not yet exist.
Wayne Pasco, Pasco Engineering, 535 N. Hwy. 101, Ste. A., Solana Beach 92075.
Have no problem with the interim conditions on the east side. Do have some problems
with the west side. There are differences in slope between 1960 and 1979. The differential
between 1960 and now is 15'. It is a fill condition and a 1: 1 slope is not considered stable.
Can stabilize a fill slope by using a "geo grid" but it would impact existing greenhouses.
More research needs to be done if this is to be undertaken. Should evaluate options from an
environmental standpoint. Looks like a 4.5' wall, 3' inside the right-of-way line. Ultimate
improvements would be to move this wall 3'. If the wall is moved back to the right-of-
way, would be 7.5' tall. There is a nexus between widening the road and aesthetics. To
move the wall and sidewalk back 3' would be costly and would not be safe. Need to build
MINUTES 99/080201Pc.MIN (9/10/01) 4
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the desired wall. Safety issues: pedestrians, vehicular safety and construction workers and
equipment to implement full permanent road improvements.
Another issue is the ramping. Need to work on that. Okay with the drainage - best that
can be done. Need to clarify the Traffic Permit as it relates to the west side. The west side
will develop first. The small tractor-like vehicles towing small flatbeds need to move back
and forth across this road.
Commissioner Patton expressed a concern that there would be "patchwork" walls.
Commissioner Bagg noted that the issues with interim walls are on the west side. There is
both an interim wall on the east side as well as a sidewalk. Response (W. Pasco): Okay
with the east side.
The Chair asked about the lack of left turn pocket for southbound traffic. Response
(Project Planner): Without a raised median, it is a dual left turn in that area.
Greg Garrett: Requested a continuance to refine issues raised. There are some real
impacts to be analyzed. The environmental review is not adequate. With the wall on the
western side, need to resolve the permanent wall so there is less disruption, fewer safety
problems, and less expense. Commissioner Patton asked if talking about cost sharing.
Response (G. Garrett): Yes. Traffic Permit: Staff wants a permit. This would be an on-
going type of permit. Need to know specifics: hours, days and other conditions.
Julian Duvall, 325 Saxony Rd., Director of Quail Botanical Gardens. Support
improvements. Though visibility will be increased substantially, there will be more noise
into the Gardens. Request language be amplified:
1. Will have to lose two trees on the south end with the widening of Quail Gardens Dr.
Trees on the northern end: Largest ones, trunks 2.5' in diameter, if existing roadbed not
damaged, could save them, but the roadbed does have to be removed. If big equipment
tears up roots, a split will actually run into the trunk. The idea is to give those trees the
best shot at survival. Modify Condition SCE, page 5-11, to clarify the type of work
needed to better protect existing trees -- some handwork will be needed to discover
where the major tree roots are so they can be cut and cauterized. Could increase the
possibility of survival by 75%.
2. The noise attenuation walls need to be constructed on pilasters rather than a continuous
foundation to avoid cutting tree roots. Would like to work with the City to come up
with a design for these walls. Modify Condition G8 to include pilasters so that roots are
not cut on both sides of any tree.
Leslie Smith, 1194 Quail Gardens Ct. Request noise studies 6 months after road opens
and a year after the road opens to evaluate if some kind of barrier could be constructed
similar to that to be constructed for Quail Botanical Gardens. Safety on entering and
exiting their neighborhood. Lot of mature trees on the north end of Quail Park within the
front parkway are at risk - would like them preserved or relocated. Many of the trees are
Liquid Amber. Would like a copy of the draft resolution. Also asked for clarification of
what is happening on Encinitas Blvd. and Quail Gardens Dr.
Nancy Champlin, 1016 Quail Gardens Ct. Concerned about noise. Referred to the
walls on Leucadia Blvd. Christin Ct. is getting glass barriers. Quail Botanical Gardens is
getting a wall. Once four housing developments are built on South Mesa, a sound study
MINUTES 99/08020IPC.MIN (9/10/01) 5
needs to be done again. Previously the houses studied were below the road. Do another
study after the road is completed and open to see if the noise level rises above 60 db.
Senior Civil Engineer: W. Pasco showed a cross section - assuming existing ground
before (green) and after some grading (blue). Need a geotechnical engineer to evaluate
undocumented fill. Would need to remove the fill all the way back. When widening the
road, will explore the fill and would be able to remove all undocumented fill back to the
natural grade. Would do construction using a geo-grid. Need to do interim improvements
because how adjacent properties will develop is unknown. Would have to come up with
many alternatives, none of which may be adequate. The project will not use all of the way
to the right-of-way. Property is much higher than the road. The property owner would
have to come up with a plan for access. Unwilling to pay for additional right-of-way at this
time. There is a Construction Control Plan during the construction of the road. Do not see
any safety issue that cannot be handled. Given the staging area, this project should not be
encumbered.
W. Pasco: Saying the wall will be at 10' - any development will go before Planning
Commission for review. Have no plans for noise attenuation for front yards. Noise walls
would be installed on the properties of Mr. Bishop and Mr. Neil. Response
(Commissioner Bagg): You feel the 1: 1 slope will work. Commissioner Patton asked
what kind of landscaping can be done on a I: I slope.
BREAK AT 8:05 PM. RECONVENED AT 8:17 PM.
PLANNING COMMISSION DISCUSSION:
Commissioner Patton: Uneasy about doing this in increments. Suggested Mr. Campbell
get together with the City. Understands that there has been an offer to share the cost so
that the whole thing can be done at once. If Mr. Campbell has an idea as to where the
access point should be, seems there would be a solution. Chair: Like the idea though it
may be an ambitious approach. Not quite sure the City and Mr. Campbell can come to a
resolution. Asked staff regarding a continuance. In addition to the two main points raised,
need to look at the traffic control for agricultural operations. Do not think a solution has
been presented - need to see what can be done. Response (Sr. Civil Engineer): Would
rather not continue this item because of scheduling. Have mentioned to Mr. Campbell that
the City is ready to talk to him and suggested a meeting this afternoon. If there is a plan
and Mr. Campbell wants to work with the City to get something constructed that would be
mutually beneficial, the City will do it. Do not want to pay for more right-of-way and
construction than is needed at this time. Would not want to pay for future development.
Do not think the City will be able to work with the proposal. As far as the costs going to
the right parties, have no problem. Chair: Would agree with the City not paying for the
extra right-of-way if it is not necessary for the City to do so. Wonder if a month would
accommodate exploration of cost sharing. It would also give time to develop the Traffic
Control Plan. Response (Sr. Civil Engineer): In a month would be stating again that the
City does not know what kind of equipment will be crossing the road or the traffic count
on Quail Gardens Dr. The limitations would be hours of operation, signage and, probably,
flagmen. Chair: It should be up to the concerned parties to come up with the criteria that
they would like to request.
Commissioner Bagg: If built, they do have to have something to present. The
Agricultural Plan for traffic needs to be worked on independent of whether this item is
MINUTES 99/080201 Pc.MIN (9/1 % 1)
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continued or not. Both requests for attenuation walls are reasonable and suggested that
staff work out language. The idea of future sound retention walls based on a study after
noise levels are known is reasonable. If levels are not acceptable, then the City should
agree to build a wall to get the noise level down to City standards. Whether it is a year,
two years or six months or whenever, need to do the same thing as done for other areas.
Access to the existing subdivision on the north end, east side includes a left turn lane going
south. There will be a lot more traffic out there and residents will have to be more careful
getting out. Sr. Civil Engineer: There is adequate sight visibility for left turns.
Commissioner Bagg: There is the issue of the interim wall vs. a permanent wall and
pedestrian traffic. Pedestrians will need to walk on the other side for awhile. No
different than any other traffic disruption to modify a road. When South Mesa is finished,
there will be a way to get from Encinitas Blvd. to Leucadia Blvd., though the present Quail
Gardens Dr. is narrow --it would not be the best. Sr. Civil Engineer: It is projected that
this project would be completed in six months. If there are too many cars using Quail
Gardens Dr., then there would be some restrictions on the use of that portion of the road.
Commissioner Crosthwaite: Supports extending noise monitoring to the two residents as
requested. It is entirely feasible. Support the changes in the language in the conditions for
the Quail Botanical Gardens. Asked if approved at this meeting, and the City and the
property owner came to an agreement, would it have to come back to the Planning
Commission. Response (Project Planner): Could do a substantial conformance if there
were no new environmental issues. May want to present the outcome to the City Council.
Commissioner Crosthwaite: Agrees with the Sr. Civil Engineer and the Chair that the
City not acquire additional right-of-way. The City needs to work with the property owner
to pay fair share costs. Could approve the project and move forward.
Chair: Not prepared to approve the project. Additional information is needed. The
Campbell party should come up with criteria for the Traffic Control Plan. It would also
give an opportunity to begin discussions regarding a joint venture on the walls and their
ultimate location and construction. If there has not been any progress in a month, would
think that the City could be stuck with the interim walls. There is not a permanent solution
being offered by the property owner. Have a number of questions. A lot of homes will be
going in out there and this was not addressed. Had assumed that this had been addressed.
May need additional conditions on the noise attenuation. There will be a lot of trips on this
road and there are a lot of trips on Leucadia Blvd. and the City built walls for people.
Commissioner Patton: Agrees with the Chair. If the property owner cannot work out an
agreement with the City when this item is heard again, would be inclined to support
approval.
Commissioner Bagg: The sound attenuation walls requested by Quail Botanical Gardens
seem reasonable. The existing subdivision on the east side is asking the City to do the
sound walls after the road is built if the noise level is above what is acceptable. Can
support modifying the conditions to support these requests. If there is a way to do the
permanent wall, and the property owner/developer can come up with a plan to do the
permanent walls and the City can buy into the proposal, that seems great. Not desirable to
do temporary walls and then tear them out. Do need to figure out the cost of this plan to
the City and then figure out what cost would not have to be spent if the permanent walls
were done immediately. The City should not invest more money - needs to come from the
developer/property owner.
MINUTES 99/080201 PC.MIN (9/1 % 1)
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On MOTION of the Chair, SECONDED by Commissioner Patton, Case No. 01-121 CDP
was continued to September 6, 2001.
VOTE: 3-1-1. AYE: Birnbaum, Patton, Bagg
NO: Crosthwaite
ABSENT: Jacobson (Possible conflict of interest.) (8:40 PM)
NEXT ITEM: 8, PAGE 14
6. CASE NUMBER: 00-011 DR/CDP; FILING DATE: October 19,1998; APPLICANT:
Western States Engineering & Construction; LOCATION: 1776 N. Coast Highway lOl;
DESCRIPTION: Design Review Permit, Coastal Development Permit, and
Environmental Initial Study request for a proposed replacement of an existing vehicle gas
station and mini-mart with a new vehicle gas station, mini-mart, and sit-down fast food
restaurant on an existing 0.64-acre site within the Commercial Residential Mixed (N-
CRM -I) Zoning District of the North I 0 1 Corridor Specific Plan, the Coastal Appeal Zone,
and the Leucadia Community Area of the City of Encinitas. ENVIRONMENTAL
STATUS: The City has performed an Environmental Initial Study, which has determined
that no significant negative environmental impacts would result from the proposed project
design due to mitigation measures set forth therein. Therefore, a Mitigated Negative
Declaration is recommended for adoption. The recommended Mitigated Negative
Declaration was circulated for public and agency review and comment from December 13,
2000 to January 12,2001. STAFF CONTACT: Mark Hofman, Associate Planner.
STAFF CONCLUSION: Before public comment is received the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
findings necessary to make a decision on this application. A draft Resolution of Approval
is attached should the Commission take action to approve Case No. 01-011 DR/CDP.
Staff Report presented at 8:50 PM. The new design includes glass block and three
simulated old-style roll-up doors (non-operating). It is a "retro 50's" design. A solid wall
separates the restaurant and the mini-mart to separate the two uses. There are landscape
and signage changes. Propane sales have been eliminated. Wall: Went to the site and
evaluated differences in elevation from Seabluffe to the site. The applicant will grade the
site flat and remove the white railing. The existing wall will then be 6-8' with a large
footing fairly well below that. From the point where that wall kinks westward onto the
Seabluffe property, the applicant will extend the wall onto the Mobil site all the way to the
north property line with the yellow structure (hotel) to the north. Though not shown on the
Landscape Plan, the applicant has agreed to plant vines on the wall in addition to the trees,
bushes and ground cover shown on the Landscape Concept Plan. The changes in the
lighting reflect a retro style. Information distributed to Commissioner mailboxes.
Commissioner Jacobson asked about alcohol sales. Response (Associate Planner): The
mini-mart will have alcohol sales of some sort through an active license that is not part of
this application. The separation of the restaurant and the mini-mart will resolve any inter-
use conflicts in regard to alcohol because there is no on-site consumption of alcohol
allowed.
Public Hearing opened at 9:00 PM.
David Berri, 18960 Rockinghorse Ln., Huntington Beach 92648. Here to answer
questions. Commissioner Jacobson asked if there would be a speaker under the canopy.
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Response (D. Berri): No. Sr. Deputy Fire Marshal: The Fire Code may require the
attendant to be able to communicate with the island. Response (D. Berri): Never had to
do it regarding the Fire Code. Have not encountered that anywhere. Have other facilities
and have never used speakers under the canopy. Sr. Deputy Fire Marshal: Notice most
stations are able to tell the customer what is being done wrong through the speaker. City
Attorney: One of the general conditions requires compliance with State, local and Federal
law. The Senior Deputy Fire Marshal can do some research on this issue. If not, then it
should be a condition. Response (D. Berri): Asked if the concern was advertising.
Commissioner Jacobson: That and music. Response (D. Berri): Will not be putting that
system in at all. Chair: Would want to add a condition to the effect that there will not be
speakers under the canopy unless required by State, local or Federal law.
Fred Cohen, 1766 N. Hwy. 101, Ambience Engineering, Leucadia. Excited about the
art-deco design. Appreciate design suggested by Fred Caldwell. The Chair asked if
signage will look art deco rather than "canned" and how it would be lighted. Asked if the
Mobil sign on the canopy would be internally lit. Response (F. Cohen): Tried to match
the building using the same materials. Plan to make the corners round like the building.
Yes, that sign will be internally lit. Chair: May want to think about how to modify the
canopy sign so that it is externally lit.
Carla Porter, 1803 Milbank Rd., Seabluffe, Leucadia. Have had major concerns
regarding the gas station being reactivated. Unhappy that it will be a 24-hour facility with
alcohol sales until 2:00 AM. When the station was active before, the tanker trucks would
come in the middle of the night. The amount of noise was unbelievable. D. Berri has
stated that deliveries could be during daylight hours. A benefit has been the large trees and
bushes along the common property line. Asked that as many trees on their side remain as
is possible and even more trees be planted in that area. The applicant has said they will be
planting more trees there.
Fred Caldwell, 1234 N. Coast Hwy. 101, Leucadia. Supports the design as presented.
Appreciates the applicant; he is a superb neighbor - has eliminated the propane, etc.
Ina Rubenstein, 1838 Parliament Rd., Leucadia. President of Seabluffe Community
Association. Thanked staff for the process that has allowed community input. Concerns
have always been noise and light pollution, cooking smells and safety. The earlier gas
station closed at 10 PM. This gas station will be open 24 hours. Requested more trees
along the western border for good screening. Want the driveway moved even further north
because of the safety issue of northbound traffic cutting over into the gas station. It is not
quite as far as the community would like. To mitigate this issue, requested a condition that
35' of that 45' buffer be planted with trees and bushes that are at least 6' high. Requested
that the sign at the very southern end of the project (appears to be an entrance) be moved
north to the second driveway. The first driveway is at a busy intersection -- Pacifica traffic
attempting U-turns, Seabluffe traffic and then gas station traffic. Have almost been hit
three times.
Rachelle Collier, 287 Hillcrest Dr., Leucadia. Thanked the applicant as well as Fred
Caldwell for the idea and staff for all their work. architect It was an incredible process. A
real concern has been there were too many parking spaces. Was going to ask for less
parking and more landscaping. Counting spaces at the pumps as parking spaces helps.
When getting gas will run into the mini-mart and see if anyone objects. If that is true, do
MINUTES 99/080201PC.MIN (9/10/01)
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not think there are too many parking spaces. Landscaping has been added. Supports the
project. Other developers need to know that it can work if they listen to the community
instead of fighting the community.
Annabell Janssen, 1351 Burgundy Rd., Leucadia. The design of this project is really
great. Fred Caldwell came up with the conceptual drawing. Within a couple of weeks,
Fred Cohen came up with a really good retro design. Would like to have this project in
Leucadia. It will certainly improve this gateway to the City. Need to minimize hardscape
and maximize softscape or landscaping. Would like to see fewer parking spaces and some
parking islands. Divide the paving up with some areas of planting every seven or eight
parking spaces. Need to concentrate plant by plant on the landscaping for this project.
Experience has been if not reviewed plant by plant, tree by tree, bush by bush, it is not
going to be done. Need to specify what will go where. Need to reduce parking and add
landscaping to the extent possible. Do not understand parking spaces at the gas pumps.
Do not understand the division between permanent parking spaces and gas pumping areas.
Bottom line is that the landscaping needs to be carefully planned to carefully accentuate as
much as possible the very good design with softscape. Understands there will be 3500
sq.ft. of building, with 1400 sq.ft. being for the sit-down restaurant and 2100 sq. ft. for the
mini-mart. There will be 8 booths and 6 pumps. Not happy about the liquor license either,
but it is an active license.
Marie Grady, 1941 Freda Ln., Cardiff 92007. Attended the workshop meetings. First,
lighting needs to be addressed. At all the meetings heard that the lighting will be changed.
The plans shows the same lighting - tall and boxy. It would be great if the design elements
of the new building could be used. Verbal agreements need to be in writing. Leucadia is
beautiful in the evening and at night. It would be a shame to have this gas station done
with tall lighting. A gas station in this area of North Hwy. 101 is good. It will relieve
some of the congestion at Vulcan Ave. and Leucadia Blvd. Believe it is possible to have
lighting at the pumps and low lighting around the area. It is not necessary to have high
lighting. Second, landscaping (greenery vs. hardscape): Have heard verbal comments. Do
not see much, if anything, that has changed on the plans and illustrations. Suggested one
tree along Hwy. 10 I that would grow to be substantially taller than the building, itself.
The overall interest would be not to have it look highly manicured. Would not want
stunted type tree, but a tree that would fit in and actually be beautiful in Leucadia. The
way the building is sited, will be cutting down a mature tree set back about 20' from North
Hwy. I 0 I. The applicant said that the building could not be changed. It would be a shame
to cut down this beautiful tree and then put in a much smaller tree. Also discussed was
greenery at the pumps in large planters. Could use some of the low greenery planned for
the sidewalk and around the edges. There is a lot of existing beautiful greenery that could
remain. Could also be used around the building. There seems to be enough space to make
this change.
Linda Neubert, Burgandy Rd., Leucadia. Attended the subcommittee meetings and
agree with most of what has been said. Everyone was very helpful. Did request a security
person if open 24 hours either from midnight to 6 AM or from 10 PM to 4 AM. People
from Seab1uffe are very concerned. Need more softscape and greenery -- trees and bushes
along the street edge of the project. Walkway should be smooth, not asphalt, for ADA
compliance. Supports the project.
REBUTTAL - David Berri:
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Landscape: Had Landscape Plan available at the meetings. There are bushes and trees
around the perimeter. Do not like the idea of 6' tall bushes blocking the view from the
street. Because the site is land-locked, do not want to box it in any further. Do not want to
conceal so much that it cannot be seen.
Security: A security guard is not necessary. Not aware of any other business in the area
that has a security guard. With video cameras on site, do not feel there will be a security
Issue.
Driveways and Sign: No problem with moving the sign further north to deter northbound
traffic from crossing over into the station. Could possibly move the sign two-thirds further
north closer to the second driveway, enough to be out of the line-of-sight. Have already
moved the driveway. Cannot move the driveway any further.
The Chair asked about alternate plans for signage other than internally lit. Also asked if
there is down-lighting on the canopy. Response (F. Cohen): Would have to go back to
Mobil. This station will not look like any other Mobil station. Mobil would like to see
some kind of identity. One of the standards is internally illuminated signs. There will be
recessed down-lighting underneath the canopy. Chair: Noted that the tall light standards
do not provide security around the pumps - provided with canopy lighting. Response (F.
Cohen): The tall lights provide security to the site. Commissioner Bagg: How tall are
the parking lot lights? Response (F. Cohen): The ones proposed right now are 14'.
Public Hearing closed at 9:40 PM.
PLANNING COMMISSION DISCUSSION:
Access: Commissioner Jacobson: During the North lOl Specific Plan process, there was
conversation about the opening that allows access into Seabluffe, etc. and extending that
opening a little further north. That would allow for access into the gas station. This issue
was not resolved. What are the possibilities of widening that opening to have a left turn
into the station and into Seabluffe. Do not know all the traffic considerations. Response
(Sr. Civil Engineer): Removing the center island to provide room for a left turn would be
doable; however, would need to discuss it with the City Traffic Engineer. A striped
median would provide flexibility. A problem would be too much traffic into locations too
close together. Chair: Asked staff to look at some alternative means to access the site.
Commissioner Bagg: Satisfied that moving the project driveway as far north as proposed
will solve the problem of "cut over" traffic.
Landscaping Plan: Commissioner Jacobson: Do think there could be some better
screening on the easterly side of the station. Also noted that the London Plane tree is not a
good screening tree as it does lose its leaves for a number of months. Commissioner
Bagg: Along the westerly side there are eight IS-gallon London Plane trees and along the
street there are five 24" boxed Golden Rain trees. Landscaping could be added next to the
building by eliminating one parking space. This is an area with the "least green" on the
project. A planter there would further separate the two uses. There are more parking
spaces than needed if counting spaces at the gas pumps. Since the City allows parking
spaces to be 18' with a 3' overhang, suggested all parking spaces be changed to allow for
more landscaping. Also requested that wheel bumpers not be used.
CONSENSUS: Eliminate one parking space next to the building and use parking spaces of
15' plus 3' overhang over landscaping or sidewalks. Wheel bumpers are not to be
used.
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Lighting: Commissioner Bagg: Project is severely over-lighted. There are twin-head
lights at each driveway that could be singles. Dead center on the west side is another
double. It could certainly be a single. Chair: Suggested staff, the applicant and a member
of the Commission address the issue of lighting. Need to consider security required by
law, etc.
Commissioner Bagg: Consistency: Would like permission to review plans, etc. for
consistency and missing information as in the past. Signage: There is some disagreement
on the canopy. It has rounded corners. How many places does it say "Mobil"? Response
(D. Berri): One, on the near northeast curve. Commissioner Bagg: Eliminate the pricing
sign on the south end of the project and reduce the size of the other sign to the north end by
one-third. Need to discuss. Hours brought up as an issue. Can control the hours of the
restaurant - perhaps to 10 PM. Closing the station and reopen at 6 AM creates a security
problem; therefore it will be open 24 hours a day. A condition will be added regarding no
outside speakers. Hours for Tanker Trucks can be limited to daylight hours. Response (D.
Berri): Can specify daylight hours and up to 9 PM because of the 6-9 PM shift.
CONSENSUS: No outside speaker system for advertising, music or other communication.
Limit delivery trucks to daylight hours and up to 9 PM.
Cooking Smells: Commissioner Bagg: Is there a better system? Response (D. Berri):
Will place the exhaust system as close to the end of the building as possible. Has another
location with this new system. Now they are cooking there, recently monitored this use.
Did not find a smell. The newer systems do not have a problem with smells and smoke as
long as the filters and vents are kept clean.
Commissioner Jacobson: Asked if there have been loitering problems over the years in
this area because of the station. Response (Associate Planner): Do not have the response
from the Sheriff Department in the file. During the last two years nothing has been
discussed as far as security other than citizen concerns. Now most concerns would have to
do with the condition of the site caused by dumping. Commissioner Patton: When it was
an active gas station, would visit in the area at different times and do not recall any people
hanging out there. Commissioner Jacobson: Trees/shrubs for 30-35' on the east side
from south to north would be excessive to prevent that left turn. There could be some sight
distance issues as well. Need to make it clear that a turn is not allowed from the
northbound lane. Need to look at how many feet of trees/shrubs should be required. Still
interested in determining if the London Plane tree would help screen the project. It does
drop leaves and is bare for several months. Do not have a suggestion for a better tree.
Need to come up with a specific tree. Do support the new gas station. Have a problem
reconciling the fact that 12.5% of the site is for the building for the mini-mart and
restaurant and 7% is for the canopy for gas. Keep going back to the question of is the gas
station an adjunct to the restaurant/mini mart use. It is a problem that the mini-mart will be
open late though closing the restaurant at 10 PM may help the situation. However, the
issue of alcohol being available to take offsite is still an issue. Want to see a gas station.
Do not want to see an adjunct gas station to food service and a mini-grocery store.
Concerned that the pumps are reduced - would rather have nine pumps and less restaurant
and mini-mart. Chair: Market forces are changing. Response (Associate Planner): The
issue of nonconformities came up in the first hearing. The gas station is no longer
permitted by right; whereas the restaurant and mini-mart are allowed by right. If approved,
the new standard will be 6 pumps, not 9 pumps. Commissioner Jacobson: That is
precisely the point. Response (D. Berri): Whether 9 pumps or 6 pumps, the gas use will
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be same. There will be same number of islands. To remove the convenience store at this
time would make the project not viable. Would have to close it down. Commissioner
Jacobson asked the applicant if he would be willing to eliminate the restaurant and alcohol
sales. Response (D. Berri): No and No. At this point, am surprised at being asked to do
this. Willing to make so many concessions and is willing to make more. Agree to
eliminate the sign and add more landscaping in front. Commissioner Patton: Do not
support eliminating the restaurant or the alcohol. Do appreciate the great job the applicant
has done in trying to cooperate. Do feel that moving the sign further north will solve the
problem. It has been confusing because the sign was not far enough away. Recommend a
Sheriffs Department presence there a few times so people will get the idea that a left turn
cannot be made when traveling northbound. No need for a security guard. Impressed that
there will be potted plants at the islands. Commissioner Crosthwaite noted the
extraordinary job done by the applicant in working with the community.
On MOTION of Commissioner Patton, SECONDED (for discussion) by Commissioner
Crosthwaite, Case No. 00-011 DR/CDP is APPROVED as modified by the Commission with a
subcommittee to meet with staff and the applicant regarding remaining issues.
Discussion: The Chair asked if the design could be wrapped around the northwest comer
of the building. Do not have a north elevation presumably because of the adjacent
building. Will not see much of it. Is the eastern portion visible or does the existing
building adjacent preclude any view of it? Could be the most visible portion of the building
traveling southbound. Asked about the architecture wrapping around that corner a little bit
so that wall will not be so blank. Response (Commissioner Bagg): About half of the
building will be visible through some extensively overgrown shrubbery on the adjacent
property. That is a good point. It will be a block wall so at the least, ought to add stucco.
Response (Associate Planner): The dominant feature on that comer is a huge plant. That
adjacent property owner is here and may have plans to develop in the future. That plant
may not always be there. Response (F. Cohen): Of course, all materials can be wrapped
around the building. Chair: Could a porthole window be added? Sr. Deputy Fire
Marshal: That wall is on the property line. Afraid there will not be any openings allowed.
Could have something that looks like a porthole. Commissioner Bagg: There is one
window that will not work - the one that goes into the freezer. Response (F. Cohen): It
will be opaque. Chair: Asked that a window be wrapped around that comer; otherwise, it
will be a blank wall. It will be visible. Wrap some design elements around, be it a fake
window or whatever - something compatible. Response (D. Berri): Will be up against
the other building. Commissioner Bagg: Only half of the length of the project building is
against the adjacent building. Commissioner Patton: Paint a mural or something there.
AMENDMENT TO THE MOTION: Chair: Add a condition that the eastern half of the
north elevation be modified to wrap around some of the design elements, even if they are
faux.
AMENDMENT ACCEPTABLE TO THE MAKER OF THE MOTION AND THE
SECONDER.
Chair: Lighting is to be acceptable to staff and Commissioner Bagg. Vegetation: Eight
trees to be added along the western property line. Selection to be acceptable to staff and
Commissioner Bagg. The street tree, the London Plane, and number to be planted are
okay. The low-growing plant materials along the street frontage (around the London Plane
trees) is acceptable. Planters to be added to the islands. An additional planter will be
located in a present parking space along the south side of the building. One sign on the
canopy that wraps around the comer is okay. Parking spaces to be modified to 15' plus a
3-foot overhang. Commissioner Jacobson: Will be voting "No" on the project. Cannot
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accept the issue of the alcohol. Commissioner Bagg: The subcommittee is to review
exterior lighting, size of signs, wrap-around design elements on the northeast corner and
extending approximately half way on the north elevation, modifying parking stalls, planter
in place of parking space, modified landscaping on the west side, and consistency issues.
At the northwest corner where the block wall comes down, it would be very nice if that
would return back east to touch the building so that it is enclosed. Commissioner
Crosthwaite: Asked that the subcommittee keep the discussion to the issues discussed at
this hearing in order not to add more time to the review. Commissioner Bagg: Will not
redesign the project.
VOTE: 4-1. AYE: Birnbaum, Crosthwaite, Patton, Bagg.
NO: Jacobson
ABSENT: None (10:00 PM)
NEXT ITEM: ITEM 11, PAGE 16.
7. CASE NUMBER: 00-210 DR/EIA; FILING DATE: August 25,2000; APPLICANT:
Blackwell; LOCATION: Via di Felicita; DESCRIPTION: Design Review Permit and
Environmental Initial Study request for proposed access and grading improvements and the
construction of a new single-family dwelling on an existing 2.88-acre parcel within the
Rural Residential (RR) Zoning District, the Hillside/Inland Bluff Overlay Zone, and the
Olivenhain Community Area of the City of Encinitas. ENVIRONMENTAL STATUS:
The City has performed an Environmental Initial Study, which has determined that no
significant negative environmental impacts would result from the proposed project design
due to mitigation measures set forth therein. Therefore, a Mitigated Negative Declaration
is recommended for adoption. The recommended Mitigated Negative Declaration was
circulated for public and agency review and comment from April 4, 200 I to May 3, 2001.
STAFF CONTACT: Mark Hofman, Associate Planner.
STAFF CONCLUSION: Before public comment is received the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
findings necessary to make a decision on this application. A draft Resolution of Approval
is attached should the Commission take action to approve Case No. 00-210 DR/ElA.
Added to the Consent Calendar and approved.
VOTE: 5-0
8.
CASE NUMBER: 01-066 DR/CDP; FILING DATE: March 12,2001; APPLICANT:
Randy Wastal; LOCATION: 2211 Encinitas Boulevard; DESCRIPTION: A Design
Review and Coastal Development Permit request for the construction of an II ,000 square
foot, two-story office building. This property is located in the OP (Office Professional)
Zone. ENVIRONMENTAL STATUS: The City performed an Environmental Initial
Assessment and adopted a Mitigated Negative Declaration for a similar office building
with the approval of Resolution No. PC 98-45 (July23, 1998; Case No. 98-302
DR/CDPIEIA). An Addendum to the Mitigated Negative Declaration to reflect the minor
project design changes has been prepared and is recommended for adoption. STAFF
CONTACT: Kerry Kusiak, Assistant Planner.
STAFF CONCLUSION: Before public comment is received the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
findings necessary to make a decision on this application. A draft Resolution of Approval
is attached should the Commission take action to approve Case No. 01-066 DR/CDP.
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.
Public Hearing opened at 8:42 PM.
Elaine Cook, 133 Hummingbird Hill Ln., Olivenhain. Raised the issue of the color of
the roof. That little corner of Olivenhain has buildings with various colors of red toned
roofs. Though it is a beautiful building and the green has been toned down, think the roof
should be consistent with the neighborhood and be a red tone to fit in with the community.
Steve Shackleton, 276 Melrose Ave. Commissioner Bagg asked the color of the roof.
Response (S. Shackleton): It is a jade green, very dull. It is not a highly glazed roof. It is
a cement tile with no glaze and a porous surface. Jade green is dark green with a brownish
tone.
Public Hearing closed at 8:47 PM.
PLANNING COMMISSION DISCUSSION:
Commissioner Bagg: Comfortable with the green roof. It is a variation on a theme - sort
of Spanish tile shape that appears everywhere else. Support the departure in the color.
Commissioner Patton: Support the green roof. Commissioner Jacobson stated that it
would be nice to get some mixture in that area. Chair: Agree. The green is attractive.
Would be concerned with the red only because it would draw attention to the amount of
roofing proposed. Commissioner Bagg noted that there are the usual minor items to be
addressed.
On MOTION of Commissioner Crosthwaite, SECONDED BY Commissioner Jacobson,
Case No. 01-066 DR/CDP is APPROVED with Commissioner Bagg to work with applicant
and staff regarding minor issues.
VOTE: 5-0. AYE: Crosthwaite, Jacobson, Birnbaum, Crosthwaite, Patton, Bagg.
NO: None
ABSENT: None (8:45 PM)
BREAK: 8:45 PM RECONVENED AT 8:50 PM. NEXT ITEM: ITEM 6, PAGE 8.
9. CASE NUMBER: 00-073 V/DRIEIA; FILING DATE: March 31, 2000; APPLICANT:
Wiegand; LOCATION: Wiegand Street; DESCRIPTION: Variance, Design Review
Permit and Environmental Initial Study request for a proposed remedial grading and
building pad construction plan on two existing lots in the Rural Residential (RR) Zoning
District, the Hillside/Inland Bluff Overlay Zone, and the Olivenhain Community Area of
the City of Encinitas. The Variance request is to exceed the 20% allowance for
encroachment into steep slopes established by the Hillside/Inland Bluff Overlay Zone
standards of the Municipal Code. ENVIRONMENTAL STATUS: The City has
performed an Environmental Initial Study, which has determined that no significant
negative environmental impacts would result from the proposed project design. Therefore,
a Negative Declaration is recommended for adoption. The recommended Negative
Declaration was circulated for public and agency review and comment from April 25, 2001
to May 25,2001. STAFF CONTACT: Mark Hofman, Associate Planner.
STAFF CONCLUSION: Before public comment is received the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
findings necessary to make a decision on this application. A draft Resolution of Approval
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11.
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is attached should the Commission take action to approve Case No. 00-073 VI DR/ElA.
Commissioner Bagg: The findings can be made if bulk and mass do not change from the
Design Review drawings to the building permit drawings. With this as a condition,
recommend adding to the Consent Calendar. Commissioner Crosthwaite: If there is a
change, that change would need to come back to the Planning Commission.
Added to the Consent Calendar and approved, adding the condition stated above.
VOTE: 5-0
10.
CASE NUMBER: 01-036 DR/CDP; FILING DATE: February 6, 2001; APPLICANT:
Rota; LOCATION: 145 Third Street; DESCRIPTION: Design Review Permit and
Coastal Development Permit request for the proposed demolition of an existing single
family dwelling and the construction of a new two-story duplex structure on an existing
5,000 square foot parcel within the Residential 15 (R-15) Zoning District, the Coastal
Zone, and the Old Encinitas Community Area of the City of Encinitas.
ENVIRONMENTAL STATUS: The project has been determined to be categorically
exempt from review pursuant to Section 1530I(l)(1) and 15303(a) of the CEQA
Guidelines, which exempt the demolition of single- family residences and the construction
of up to three single-family residences from environmental review in urbanized areas.
STAFF CONTACT: Mark Hofman, Associate Planner.
STAFF CONCLUSION: Before public comment is received, the Commission should
disclose all information and contacts received outside the hearing of this matter upon
which the decision will be based, receive public testimony and consider the facts and
findings necessary to make a decision on this application. A draft Resolution of Approval
is attached should the Commission take action to approve Case No. 01-036 DR/CDP.
Commissioner Bagg: Would like something other than stone on the balcony - too heavy.
Metal roof to be replaced by a heavy asphalt shingle. Have some "lack of information"
items that can be addressed with staff. Like the way roof decks are carved out of the roof
with 4x6 rafter tails. Chair: Mix of materials is appreciated. Commissioner Bagg to
work with staff and the applicant regarding the above items.
Added to the Consent Calendar and approved with the above modification.
VOTE: 5-0
Selection of two Planning Commissioners to serve as a subcommittee for the Hall
Property; one of the Subcommittee members shall be selected to serve on the consultant
interview panel. STAFF CONTACT: Diane Langager, Associate Planner.
Commissioner Jacobson nominated Commissioner Bagg. Seconded by Commissioner
Patton. The Chair asked to serve on this Subcommittee. Commissioner Crosthwaite
excused herself from this subcommittee. Commissioner Bagg also agreed to serve on the
interview panel.
CONSENSUS: Commissioners Bagg and Birnbaum to serve as a subcommittee for the Hall
property, with Commissioner Bagg to serve on the consultant interview panel.
PLANNING COMMISSION/DIRECTOR REPORTS:
The Chair noted the positive comments on the Citizen Participation Program for a couple of the
MINUTES 99/08020 1 Pc.MIN (9/10/01)
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projects heard at this hearing and thanked the applicants for their cooperation. Requested that the
following be placed on the September 6, 2001 agenda: Address the water quality violation that
occurred due to grading and grading practices on the Encinitas Ranch project for which a fine was
levied. Would like to find out a little bit more about what went on and what might be done in the
future to add conditions or look at projects to avoid dealing with things in a reactive sense. Do not
need a lengthy report. City Planner: This will be a report from the Engineering Services
Department.
ADJOURNMENT: Adjourn to the next Regular Meeting of August 23,2001 (10: 10 PM).
NOTES:
Final action by the Planning Commission may be appealed to the City Council accompanied by
the required filing fee within fifteen (15) calendar days (I 0 calendar days for subdivision
applications). The action is not final until the end of the appeal period, or, if appealed, the end of
City Council review.
Under California Government Code Sec. 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 2, 3, 4, 5, 6, 8 and 10 above are located within the coastal zone and require issuance of a
regular Coastal Development Permit. The actions of the Planning Commission relative to items 3,
5 and 6 are appealable to the Coastal Commission.
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