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
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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
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(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
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(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
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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
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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
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(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
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