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2010-09-02 Item 1 Approval of MinutesNoText DRAFT PLANNING COMMISSION REGULAR MEETING MINUTES Civic Center - Council Chambers 505 South Vulcan Avenue Encinitas, California 92024 Thursday, August 5, 2010 6:00 P.M. CALL TO ORDER ROLL CALL Commissioners Present: Commissioners Absent: Staff Present: The Regular Planning Commission meeting of August 5, 2010 was called to order by Chair Steyaert at 6:01 PM Chair Mark Steyaert, Vice-Chair JoAnn Shannon and Commissioners Tony Brandenburg, Virginia Felker, and Glenn O'Grady Commissioner Brandenburg arrived at 6:06PM No other Commissioners absent City Planner Tom Curriden, City Attorney Representative Gregory Lusitana, Administrative Secretary Deana Gay, Associate Planner J. Dichoso, Assistant Civil Engineer Steve Nowak and Senior Deputy Fire Marshal Anita Pupping PLEDGE OF ALLEGIANCE.- Led by J. Dichoso CLOSING AND ADOPTION OF THE CONSENT CALENDAR 1. Approval of minutes for the Regular Meeting of June 3, 2010 STAFF CONTACT: Deana Gay, Administrative Support Coordinator (6:03PM) On MOTION by Felker, SECONDED by O'Grady, the MINUTES for the Regular Meeting of June 3, 2010 were APPROVED ON CONSENT. VOTE: 4-0-1 AYES: Felker, O'Grady, Shannon, Steyaert NOES: None ABSENT: Brandenburg 2. CASE NUMBER: 09-035 MUP/CDP FILING DATE: March 17, 2009 APPLICANT: Blue Curl LLC. LOCATION: 1084-1086 Neptune Ave (APN: 254-291-18) ZONING: The subject property is located in the R-11 (Residential 11) zoning district of the City of Encinitas and within the California Coastal Commission Appeal Jurisdiction. DESCRIPTION: Public Hearing to consider a Major Use Permit and Coastal Development Planning Commission Minutes of August 5, 2010 Page 1 of 5 1-1 Permit to authorize the demolition of existing unpermitted seawalls and the construction of an approximately 50-foot long by 18-foot high seawall and a 50-foot long by 26-foot high upper bluff wall. Both retention systems are proposed with tiebacks and will be colored and textured to match the natural appearance of the bluff. The application request also includes the reconstruction of a pre-Coastal Act stairway destroyed at the time of the 2008 bluff failure and the reconstruction of the mid bluff slope with imported soil and geogrid and proposed landscaping and temporary irrigation. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Sections 15269(c) and 15302. Section 15269(c) exempts specific actions necessary to prevent or mitigate an emergency and Section 15302 exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. STAFF RECOMMENDATION: Staff recommends to the Planning Commission that the findings to approve the subject application can be made should the Commission take action to approve Case No. 09-035 MUP/CDP. STAFF CONTACT: Roy Sapa'u, Senior Planner (6:03PM) On MOTION by Felker, SECONDED by O'Grady, CASE#09-035 MUP/CDP was CONTINUED to September 2, 2010 VOTE: 4-0-1 AYES: Felker, O'Grady, Shannon, Steyaert NOES: None ABSENT: Brandenburg 3. CASE NUMBER: 10-080 CDP- FILING DATE: May 19, 2010 APPLICANT: Sawtooth Development LOCATION: 599 Camino El Dorado (APN: 258-141-56) ZONING: The subject property is located in the Rural Residential 2 (RR-2) Zone, the Hillside/ Inland Bluff Overlay (HIBO) Zone and within the Coastal Zone. DESCRIPTION: A Coastal Development Permit for the construction of a new single-family residence with a detached accessory unit on an existing vacant property. STAFF RECOMMENDATION: Staff recommends to the Planning Commission that the findings to approve the subject application can be made should the Commission take action to approve Case No. 10-080 CDP. STAFF CONTACT: Andrew Maynard, Assistant Planner (6:03PM) On MOTION by Felker, SECONDED by O'Grady, CASE#10-080 CDP was APPROVED ON CONSENT. VOTE: 4-0-1 AYES: Felker, O'Grady, Shannon, Steyaert, NOES: None ABSENT: Brandenburg Planning Commission Minutes of August 5, 2010 Page 2 of 5 T:\MINUTES PC\080510PC.MfNdr.doc 1-2 ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC - None NOTE: THE PLANNING COMMISSION MAY NOT BEGIN A NEW HEARING AFTER 10:00 PM UNLESS APPROVED BY A MAJORITY OF THE COMMISSION. ORAL COMMUNICATIONS - None REGULAR AGENDA 4. CASE NUMBER: 10-006 GPA/LCPA/SPA/EIA FILING DATE: January 14, 2010 APPLICANT: Encinitas Union School District LOCATION: 608 Third Street (APN 258-151-22) - (formerly Pacific View Elementary) ZONING: The subject property is located in the Downtown Encinitas-Public/Semi-Public (D- P/SP) zone and the Coastal Zone. DESCRIPTION: A public hearing for proposed amendments to the General Plan, Local Coastal Plan, and Downtown Encinitas Specific Plan to modify the land use designation and zoning classification for 2.8 acres of developed property located at 608 Third Street. The amendments would redesignate the current land use designation from Public/Semi-Public (P/SP) to Residential 15 (R15) and reclassify the current zoning classification from Downtown Encinitas-Public/Semi-Public (D-P/SP) to Downtown Encinitas-Residential 15 (D-R15). No development is proposed as part of this application. ENVIRONMENTAL STATUS: Pursuant to the California Environmental Quality Act (CEQA), the City has performed an Environmental Initial Study, which has determined that no significant environmental effects would result from the proposed land use amendments. Therefore, a Negative Declaration is recommended for adoption. The draft Negative Declaration was available for public review from June 4, 2010 through July 5, 2010. STAFF RECOMMENDATION: Staff recommends that the Planning Commission RECOMMEND approval to the City Council to: 1. Adopt the Final Negative Declaration; 2. Approve the redesignation of 2.8 acres from the existing General Plan Land Use and Local Coastal Program Land Use Plan designation fof Public/Semi-Public (P/SP) to Residential 15 (R15), and the reclassification of its zoning from Downtown Encinitas-Public/Semi-Public (D-P/SP) to Downtown Encinitas - Residential 15 (D-R15); 3. Authorize submittal of 10-006 GPA/LCPA/SPA to the California Coastal Commission. STAFF CONTACT: J. Alfred Dichoso, Associate Planner (6:04PM) DISCLOSURES (6:06PM) COMMISSIONER BRANDENBURG PRESENT (6:08PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER J. DICHOSO Planning Commission Minutes of August 5, 2010 Page 3 of 5 T:\MINUTES PC\080510PC.MINdr.doc 1-3 (6:17PM) DISCLOSURES BY COMMISSIONER BRANDENBURG / RECUSED (6:20PM) PUBLIC HEARING OPENED Speakers: Timothy Baird -Applicant Mark Steyaert Mark Klammer Mark Hendrick Sena Hendrick Patty Blackwell Ian Ellis Leroy Ley Karen Watson Straugher Sarah Garfield Tom Deak Donald McPherson Felix Tinkov Donna Westbrook (7:01PM) REBUTTAL (7:03PM) PUBLIC HEARING CLOSED (7:03PM) COMMISSIONER DISCUSSION/QUESTIONS (7:44PM) On MOTION by O'Grady, SECONDED by Shannon, CASE#10-006 GPA/LCPA/SPA was CONTINUED September 2, 2010. VOTE: 3-0-2 AYES: Felker, O'Grady, Shannon NOES: None ABSTAIN: Brandenburg, Steyaert PLANNING COMMISSION/DIRECTOR REPORTS : Clearwire, Inc. cell site at the former Cabo Grill was appealed. City Council denied the appeal. ADJOURNMENT: Adjourn to the Regular Meeting of August 19, 2010 (7.55PM) 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. The actions are 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. l Planning Commission Minutes of August 5, 2010 Page 4 of 5 T:\MINUTES PC\080510PC.MINdr.doc 1_4 Items 2 and 3 above are located within the coastal zone and require issuance of a regular Coastal Development Permit. The action of the Planning Commission relative to Item 3 may not be appealed to the Coastal Commission. The action of the Planning Commission relative to Item 2 is appealable to the Coastal Commission. Item 4 requires the approval of the Coastal Commission following City action. - - - 1-5 DRAFT PLANNING COMMISSION REGULAR MEETING MINUTES Civic Center - Council Chambers 505 South Vulcan Avenue Encinitas, California 92024 Thursday, August 19, 2010 6:00 P.M. CALL TO ORDER The Regular Planning Commission of August 19, 2010 was called to order by Chair Steyaert at 6:OOPM ROLL CALL Commissioners Present: Chair Mark Steyaert, Vice-Chair JoAnn Shannon and Commissioners Virginia Felker and Glenn O'Grady Commissioners Absent: Commissioner Tony Brandenburg Staff Present: City Planner Tom Curriden, City Attorney Representative Gregory Lusitana, Administrative Secretary Deana Gay, and Associate Planner Todd Mierau PLEDGE OF ALLEGIANCE - Led by Deana Gay CLOSING AND ADOPTION OF THE CONSENT CALENDAR NO CONSENT ITEMS ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC /COMMISSION - None ORAL COMMUNICATIONS - None NOT:: 7' TIE PLANNING COMMISSION MAY NOT BEGIN A NEW HEARING AFTER 10:00 PM UNLESS APPROVED BY A MAJORITY OF THE COMMISSION. REGULAR AGENDA 1. CASE NUMBER: 09-185 MUP/CDP FILING DATE: November 17, 2009 APPLICANT: Clearwire, Inc. LOCATION: 291 Zona Gale Road (APN: 257-401-10) ZONING: The subject property is located in the Residential 3 (R-3) zone and the Coastal Zone of the New Encinitas Community Area of the City of Encinitas. riammng t-omrmssion Mmutes of August 19, 2010 Pagel of 3 . 1-6 DESCRIPTION: A public hearing to consider a Major Use Permit and Coastal Development Permit request to allow for the construction of a new co-location wireless telecommunications facility and associated equipment on an existing artificial pine tree or "monopine" facility. The proposed antennas will be located at approximately 32 feet high in elevation from adjacent grade. The equipment will be placed on grade within an existing enclosure to the site. ENVIRONMENTAL STATUS: The project has been determined to be exempt from environmental review pursuant to Section 15303(d) of the California Environmental Quality Act (CEQA) Guidelines. Section 15303(d) exempts the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. STAFF RECOMMENDATION: Staff recommends to the Planning Commission that the findings to approve the subject application can be made should the Commission take action to approve Case No. 09-185 MUP/CDP. STAFF CONTACT: Todd Mierau, Associate Planner (6:02PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER TODD MIERAU - No report required (6:02PM) DISCLOSURES (6:02PM) COMMISSIONER QUESTIONS/DISCUSSION (6:04PM) PUBLIC HEARING OPENED Speakers: Mike Morganson - Applicant (6:06PM) COMMISSIONER QUESTIONS/DISCUSSION (6:07PM) CLOSE PUBLIC HEARING (6:07PM) COMMISSIONER QUESTIONS/DISCUSSION (6:1OPM) On MOTION by, SECONDED by, CASE#09-185 MUP/CDP was APPROVED. VOTE: 4-0-1 AYES: Felker, O'Grady, Shannon, Steyaert NOES: None ABSENT: Brandenburg PLANNING COMMISSION/DIRECTOR REPORTS:. None ADJOURNMENT: Adjourn to the Regular Meeting of September 16, 2010 (6.14PM) Planning Commission Minutes of August 19, 2010 Page 2 of 3 T:\MINUTES PC\081910PC.MINdr.doc 1-7 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. The actions are 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. Item 1 above is located within the coastal zone and require issuance of a regular Coastal Development Permit. The action of the Planning Commission relative to Item 1 may not be appealed to the Coastal Commission. Planning Commission Minutes of August 19, 2010 Page 3 of 3 T:\MINUTES PC\081910PC.MINdr.doe 1-8