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2008-06-05 PLANNING COMMISSION REGULAR MEETING APPROVED ON AUGUST 7, 2008 MINUTES Civic Center - Council Chambers 505 South Vulcan Avenue Encinitas, California 92024 Thursday, June 5, 2008 6:00 P.M. CALL TO ORDER The regular Planning Commission meeting of June 5, 2008 was called to order by Vice-Chair Paul VanSlyke at 6:00PM ROLL CALL Commissioners Present: Commissioners Absent: Staff Present: Vice-Chair Paul Van Slyke, and Commissioners Gene Chapo, Tom McCabe and Mark Steyaert Chair Virginia Felker City Planner Tom Curriden, City Attorney Representative Gregory Lusitana and Randall Morrison, Administrative Secretary Deana Gay, Fire Marshal Bob Scott, Senior Civil Engineer Masih Maher, Associate Planner Michael Strong, Senior Planner Kerry Kusiak, and Associate Planner Todd Mierau PLEDGE OF ALLEGIANCE - Led by Tom Curriden CLOSING AND ADOPTION OF THE CONSENT CALENDAR - None 1. CASE NUMBER: 06-172 DR/CDP FILING DATE: August 22, 2006 APPLICANT: Nastarah Ghomi LOCATION: 410 La Costa Avenue (APN: 216-030-62) DESCRIPTION: Public Hearing to consider an application requesting a Coastal Development Permit for the demolition of an existing single family dwelling and the construction of a new two-story single family dwelling unit. The application also includes a Design Review Permit request to remove existing retaining walls at the top of the inland bluff and reestablish the inland bluff face with imported soil and geogrid and proposed landscaping. The subject property is located in the R-3 (Residential 3) zoning district, the Hillside/Inland Bluff Overlay Zone and within the California Coastal Commission Appeal Jurisdiction of the Coastal Zone. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Sections 15301(1)(1) and 15303(a), which categorically exempt the demolition of a single- family structure and the construction of a new single-family residence. Planning Commission Minutes of June 5, 2008 Page 1 of7 STAFF CONTACT: Roy Sapa'u, Associate Planner STAFF CONCLUSION: Before public comment is received, the Commission should disclose all information and contacts received outside the hearing on this item upon which the decision will be based, receive public testimony, and consider the facts and findings necessary to make a decision on the application. Staff recommends to the Planning Commission that the findings to approve the subject application can be made and a draft Resolution of Approval with suggested findings and conditions is attached hereto should the Commission take action to approve Case No. 06-172 DR/CDP. (6:01PM) On MOTION by McCabe, SECONDED by Chapo, CASE#06-172DRlCDP was APPROVED ON CONSENT VOTE: 4-0-1 AYES: Chapo, McCabe, Steyaert, Van Slyke NOES: None ABSENT: Felker ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC ORAL COMMUNICATIONS - None NOTE: THE PLANNING COMMISSION MAY NOT BEGIN A NEW HEARING AFTER 10:00 PM UNLESS APPROVED BY A MAJORITY OF THE COMMISSION. REGULAR AGENDA 2. CASE NUMBER: Urgency Ordinance amending the Sign Ordinance FILING DATE: April 23, 2008 APPLICANT: City of Encinitas LOCATION: Citywide DESCRIPTION: The purpose of the amendment is to prohibit new billboards and establish provisions for message substitution and ensure the provisions of the sign ordinance are consistent with State law and with the speech freedoms of both the United States and California Constitutions. The amendment will also be an amendment to the Local Coastal Program. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Section 15061(b). STAFF CONTACT: Mike Strong, Planner STAFF CONCLUSION: Recommend that the City Council adopt the amendments to the Encinitas Municipal Code and Local Coastal Plan, banning new billboards and setting forth provisions for sign message substitution. (6:02PM) DISCLOSURES Planning Commission Minutes of June 5, 2008 G:\MINUTES PC\060508PC.MIN.doc Page 2 of? (6:02PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER MICHAEL STRONG (6:05PM) COMMISSIONER DISCUSSION/QUESTIONS (6:05PM) OPEN PUBLIC HEARING - NO SPEAKERS (6:06PM) On MOTION by McCabe, SECONDED by Chapo, URGENCY ORDINANCE AMENDING THE SIGN ORDINANCE was RECOMMENDED FOR APPROVAL TO CITY COUNCIL. VOTE: 4-0-1 AYES: Chapo, McCabe, Steyaert, Van Slyke NOES: None ABSENT: Felker NOTE: ITEM #4 TO BE HEARD BEFORE ITEM#3 4. CASE NUMBER: 07-135 DR/CDP FILING DATE: December 11,2007 APPLICANT: Bruno and Dawn Buechler LOCATION: 1947 & 1949 Manchester Avenue (APN: 260-352-23) DESCRIPTION: Public hearing to consider a Design Review and Coastal Development Permit request to allow for the demolition of an existing duplex and the construction of 2 new attached single-family homes, consisting of 1,221 square-feet of living area, 921 square-feet of basement area, and 417 square-feet of garage area per home. The structure is proposed at 25'- 6" measured from the lower of natural or finished grade, and within the allowable building envelope designated by zoning. The subject property is located in the Residential 11 (R-ll) zone, the Coastal Zone, and the Cardiff-by-the-Sea Community Area of the City of Encinitas. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Section 15301(1)(2) and 15303(b). Section 15301(1)(2) exempts the demolition of a duplex or similar structure in an urbanized area. Section 15303(b) exempts the construction of multi-family residential structures, totaling no more than four dwelling units. STAFF CONTACT: Todd Mierau, Associate Planner STAFF CONCLUSION: Before public comment is received, 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 the application. Staff recommends to the Planning Commission that the findings to approve the proposed application can be made and a draft Resolution of Approval with suggested findings and conditions has been provided should the Commission take action to approve Case No. 07-135 DR/CDP. (6:09PM) DISCLOSURES Planning Commission Minutes of June 5, 2008 G:\MINUTES PC\060508PC.MIN.doc Page 3 of? (6:10PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER TODD MIERAU (6:18PM) COMMISSIONER DISCUSSION/QUESTIONS (6:19PM) PUBLIC HEARING OPENED Speakers: (applicant) Mary O'Neil-1946 Montgomery Avenue (6:25PM) PUBLIC HEARING CLOSED (6:25PM) COMMISSIONER DISCUSSION/QUESTIONS (6:45PM) REOPEN PUBLIC HEARING Speakers: Martorana-Kinoshita Associates, Inc. (Architect firm) (6:48PM) PUBLIC HEARING CLOSED (6:48PM) On MOTION by Steyaert, SECONDED by McCabe, CASE#07-135 DRlCDP was APPROVED with the CONDITIONS of SCD: The "Coco Plumosa" palms shall be upgraded to 36-inch box from the IS-gallon size originally proposed; All the quantities of shrubs on the project plans shall be increased by three-times the proposed quantity to insure proper coverage; The proposed stucco retaining wall located on the front property line facing Manchester Avenue shall be moved 3-feet back from the property line and landscaped to screen the wall. Theplantings shall be consistent with the existing planting palette and properly irrigated; Areas intended to receive water runoff for Best Management Practices (BMP) shall be labeled on the landscape plan and site plan submitted for building permit and grading permit; The existing drainage shown on the site plan flowing directly onto Manchester Avenue shall be modified to flow to the designated BMP areas. VOTE: AYES: NOES: ABSENT: 3-1-1 McCabe, Steyaert, Van Slyke Chapo Felker 3. CASE NUMBER: FILING DATE: APPLICANT: LOCATION: 07-193 DR/TMlCDP November 13, 2007 Brett Farrow 125 & 133 Mozart Avenue (APN: 260-351-31) Planning Commission Minutes of June 5, 2008 G:\MINUTES PC\060508PC.MIN.doc Page 4 of7 DESCRIPTION: Public hearing to consider a Design Review Permit, Tentative Map, and Coastal Development Permit request to allow for the construction of five (5) detached condominium unit addition on the subject property which is currently developed with a single-family dwelling unit, for a total of six (6)-unit condominium development. The subj ect property is located within the Residential 11 (R -11) zone and the Coastal Zone of the City of Encinitas. ENVIRONMENTAL STATUS: The project is categorically exempt from environmental review pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines which exempts in-fill developments which are consistent with local general plan and zoning requirements. STAFF CONTACT: Roy Sapa'u, Associate Planner STAFF CONCLUSION: Before public comment is received, 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 the application. Staff recommends to the Planning Commission that the findings to approve the proposed application. can be made and a draft Resolution of Approval with suggested findings and conditions has been provided should the Commission take action to approve Case No. 07-193 DR/TMlCDP. (6:52PM) DISCLOSURES (6:52PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER ROY SAPA'U (6:58PM) COMMISSIONER DISCUSSION/QUESTIONS (7:07PM) PUBLIC HEARING OPENED Speakers: Brett Farrow-(applicant) Chris Rooney-143 Mozart Avenue Chris Rupp-151 Mozart Avenue Gerald Sodomka (7:30PM) REBUTTAL (7:33PM) PUBLIC HEARING CLOSED (7:33PM) COMMISSIONER DISCUSSION/QUESTIONS (7:50PM) On MOTION by McCabe, SECONDED by Steyaert, CASE#07-193 DRlTMlCDP was APPROVED with the CONDITION THAT applicant/owner shall provide road improvements along the property frontage to Mozart Avenue as recommended by the Planning Commission; the PC recommendation shall be subject Planning Commission Minutes ofJune 5, 2008 G:\MINUTES PC\060508PC.MIN.doc Page 5 of7 to the review and approval by the City Council prior to issuance of building and/or grading permits. .VOTE: 4-0-1 AYES: Chapo, McCabe, Steyaert, Van Slyke NOES: None ABSENT: Felker 5. CASE NUMBER: 07-078 TMlMUPIDR/CDP FILING DATE: July 3, 2007 APPLICANT: Brian Church LOCATION: NW corner of North Coast Highway 101 and Phoebe Street (APN 254-230-16 & -17) DESCRIPTION: Public hearing to consider a Tentative Map, Major Use Permit, Design Review, and Coastal Development Permit for the proposed construction of a mixed-use development consisting of four (4) residential units and four (4) commercial spaces in four (4) buildings (a commercial space and a residence in each building). The project is presented to the Planning Commission for direction regarding project compliance with The Design Recommendations of the North 101 Corridor Specific Plan. A final decision on the application will not be made at this hearing. The subject property is located in the N-CRM-1 (Commercial Residential Mixed 1) zone of the North 101 Corridor Specific Plan area and within the City's Coastal Zone. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review as per California Environmental Quality Act Guidelines Section 15332, which exempts projects characterized as in-fill development. ST AFF CONTACT: Kerry Kusiak, Senior Planner STAFF CONCLUSION: Receive the agenda report, receive the project presentation, receive public testimony, and provide comments and direction to staff regarding compliance with the Design Recommendations of the North 101 Corridor Specific Plan. (8:17PM) DISCLOSURES (8:18PM) STAFF REPORT PRESENTED BY SENIOR PLANNER KERRY KUSIAK (8:23PM) COMMISSIONER DISCUSSION/QUESTIONS (8:24PM) PUBLIC HEARING OPENED Speakers: Brian Church-(applicant) 152 2ih Street, Del Mar Fred Caldwell-1234 N. Coast Hwy 101, Leucadia Craig Lewis-PO Box 968, Cardiff John Cannon-176 W. Glaucus , Encinitas (8:44PM) PUBLIC HEARING CLOSED Planning Commission Minutes of June 5, 2008 G:\MINUTES PC\060508PC.MIN.doc Page 6 of7 (8:44PM) COMMISSIONER DISCUSSION/QUESTIONS (9:20PM) On MOTION by, SECONDED by, CASE#07-078 TMlMUPIDRlCDP was CONTINUED OFF CALENDAR. VOTE: 4-0-1 AYES: Chapo, McCabe, Steyaert, Van Slyke NOES: None ABSENT: Felker PLANNING COMMISSION/DIRECTOR REPORTS: None ADJOURNMENT: Adiourn to the Regular Meeting of June 19. 2008 (9:24PM). 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 (10 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 1 through 5 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, 4 and 5 are not appealable to the Coastal Commission. The actions of the Planning Commission relative to item 1 may be appealed to the Coastal Commission. Item 2 will require subsequent approval of a Local Coastal Program Amendment by the California Coastal Commission. Planning Commission Minutes of June 5, 2008 G:\MINUTES PC\060508PC.MIN.doc Page 7 of7