2011-02-17 Item 1 Approval of MinutesItem -1
Approval of Minutes
December 16, 2010
January 6, 2011
January 20, 2011
DRAFT
PLANNING COMMISSION
REGULAR MEETING
MINUTES
Civic Center - Council Chambers
505 South Vulcan Avenue
Encinitas, California 92024
Thursday, December 16, 2010
6:00 P.M.
CALL TO ORDER The Regular Planning Commission meeting of December 16, 2010
was called to order by Chair Mark Steyaert at 6:01PM
ROLL CALL
Commissioners Present: Chair Mark Steyaert, Vice-Chair JoAnn Shannon, and
Commissioners Tony Brandenburg, Virginia Felker and Glenn
O'Grady
Commissioners Absent: None
Staff Present: City Planner Tom Curriden, City Attorney Representative Gregory
Lusitana, Administrative Secretary Deana Gay, Environmental
Coordinator Scott Vurbeff, Deputy Fire Marshal George McNealy,
Assistant Civil Engineer Steve Nowak, Traffic Engineer Rob
Blough, and Senior Planner Roy Sapa'u.
PLEDGE OF ALLEGIANCE - Led by Todd Mierau
ORAL COMMUNICATIONS - Donna Westbrook
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE
PUBLIC/COMMISSION - None
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
1. APPROVAL of MINUTES for the Regular Meetings of November 18, 2010 and December 2,
2010.
STAFF CONTACT: Deana Gay, Administrative Support Coordinator
(6:06PM)
On MOTION by Brandenburg, SECONDED by O'Grady, the Regular Meeting Minutes
of November 18, 2010 were APPROVED ON CONSENT.
VOTE: 5-0
AYES:. Brandenburg, Felker, O'Grady, Shannon, Steyaert
NOES: None
ABSTAIN: None
Planning Commission Minutes of December 16, 2010 Pagel of 5 1-1
(6:06PM)
On MOTION by Brandenburg, SECONDED by O'Grady, the Regular Meeting Minutes
of December 2, 2010 were APPROVED ON CONSENT with THE CHANGES NOTED
IN THE MEMO DATED DECEMBER 16, 2010.
VOTE: 5-0
AYES: Brandenburg, Felker, O'Grady, Shannon, Steyaert
NOES: None
ABSTAIN: None
2. ADOPTION of Resolution PC2010-22 denying an amendment to Resolution PC2004-43
pursuant to the Planning Commission's action of December 2, 2010.
STAFF CONTACT: Kerry Kusiak, Senior Planner 11
(6:06PM)
On MOTION by Brandenburg, SECONDED by O'Grady, Resolution PC2010-22 denying
an amendment to Resolution PC2004-43 pursuant to the Planning Commission's action of
December 2, 2010 was ADOPTED ON CONSENT.
VOTE: 5-0
AYES: Brandenburg, Felker, O'Grady, Shannon, Steyaert
NOES: None
ABSTAIN: 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
3. CASE NUMBER: 10-028 TMDB/DR/MIN/E1A/CDP
FILING DATE: March 2, 2010
APPLICANT: City Ventures
LOCATION: 1264 Lake Drive (APN: 260-212-18)
ZONING: The subject property is within the Rural Residential 1 (RR-1) zone and the Coastal
Zone.
DESCRIPTION: Public hearing to consider a Density Bonus Tentative Map, Design Review
Permit, Minor Use Permit, Environmental Initial Assessment and Coastal Development Permit
application to allow for the subdivision of a 11.3-gross acre property into 12 residential lots
incorporating a private street easement and the demolition of two existing single-family
residences and a greenhouse operation on-site. Access to proposed residential lots will be
from Lake Drive and the proposed private street via Lake Drive. The project includes grading
and landscaping improvements of the site, construction of a private street and public
improvements. 12 single-family dwellings are proposed at this time. Accessory structures
including such features as Accessory Units, garages, guest houses, pool houses and the like
consistent with Chapter 30.48 (Accessory Use Regulations) of the Municipal Code are being
Planning Commission Minutes of December 16, 2010 Page 2 of 5
TAMINUTES PC\PC121610.MINdr.doc 1-2
proposed through the project (optional is some cases) and require a Minor Use Permit since
some lots exceed the standard allowance for area. The subdivision is a density bonus
subdivision in accordance with Section 65915 of the California Government Code and would
include one affordable dwelling unit designated as very low income to comply with the density
bonus provisions. The project requests one concession or incentive as part of the density
bonus provision outlined in Section 65915. This concession or incentive includes the reduction
in lot size, including reducing the net lot area per lot and reduced setbacks per lot. A temporary
sales trailer and applicable parking lot is also proposed at this time.
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 with implementation of mitigation measures. Therefore, a Mitigated
Negative Declaration is recommended for adoption. The draft Mitigated Negative Declaration
was available for public review from September 28, 2010 to October 18, 2010. No comments on
this document were received. The final Mitigated Negative Declaration is being considered by
the Planning Commission at this Public Hearing.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve
Case No. 10-028 TMDB/DR/MIN/EIA/CDP based upon the findings and conditions contained
in the draft resolution of approval for the project provided to the Commission.
STAFF CONTACT: Todd Mierau, Associate Planner
(6:07PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER TODD
MIERAU
(6:23PM) DISCLOSURES
(6:23PM) COMMISSIONER DISCUSSION/QUESTIONS
(6:45PM) PUBLIC HEARING OPENED
Speakers:
Tony Pauker
Ron Ritner
Marie Dardarian
Donna Westbrook
(7:23PM) REBUTTAL
(7:30PM) PUBLIC HEARING CLOSED
(7:30PM) COMMISSIONER DISCUSSION/QUESTIONS
(7:33PM)
On MOTION by Brandenburg, SECONDED by O'Grady, CASE# 10-028
TMDB/DR/MIN/EIA/CDP was APPROVED with the added CONDITIONS SCF, SCG
AND SCH.
VOTE: 5-0
AYES: Brandenburg, Felker, O'Grady, Shannon, Steyaert
Planning Commission Minutes of December 16, 2010 Page 3 of 5
T:\MINUTES PC\PC121610.MINdr.doc 1-3
NOES: None
ABSTAIN: None
4. CASE NUMBER: 10-174 LCPA/SPA
APPLICANT: City of Encinitas
LOCATION: Downtown Encinitas Specific Plan Area
DESCRIPTION: A public hearing for amendments to the Local Coastal Plan and
Downtown Encinitas Specific Plan (DESP) to modify on-street parking options within the
DESP with the intention of providing additional on-street parking by means of altering the
existing configuration of parking stalls. For example: The diagonal parking spaces which
exist on the east side of the street can be moved to the west side of the street resulting in an
overall gain in on-street parking on Second Street (through W. C St. to K St.). Various
sections within the DESP are being considered to be amended at this time to allow for the
ability to gain additional on-street parking within the DESP area including the restriping of on-
street parking stalls, modification of traffic flow and/or modify decorative pavement treatment
consistent with City standards. No development is proposed as part of this application.
ENVIRONMENTAL STATUS: The project is exempt from the California Environmental
Quality Act (CEQA) as per Section 15061(b)(3) of the CEQA Guidelines, which exempts
projects where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.
Public Notice is hereby given of the availability of an amendment to the Local Coastal
Program Land Use Plan and Downtown Encinitas Specific Plan. Pursuant to the Coastal Act,
this Public Notice of Availability opens a six-week public review period (December 10,
2010 through January 24, 2011) prior to any final action being taken by the City Council on
this amendment request.
This project constitutes an amendment to the City of Encinitas Local Coastal Program Land
Use Plan. For an amendment to the LCP the Planning Commission acts as the recommending
body to the City Council. If the City Council approves the amendment, the proposed LCP
amendment must be submitted to the California Coastal Commission for review and adoption.
The LCP amendment will not become effective until after adoption by the California Coastal
Commission.
STAFF RECOMMENDATION: That the Planning Commission recommend adoption of the
associated amendments outlined in Case No. 10-174 LCPA/SPA to the City Council for
approval.
STAFF CONTACT: Todd Mierau, Associate Planner
(7:36PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER TODD
MIERAU
(7:46PM) DISCLOSURES
(7:46PM) COMMISSIONER DISCUSSION/QUESTIONS
(7:50PM) PUBLIC HEARING OPENED
Planning Commission Minutes of December 16, 2010 Page 4 of 5
TA MINUTES PC\PC121610.MINdr.doc 1-4
Speakers:
Bart Smith
Keith Harrison
(8:04PM) PUBLIC HEARING CLOSED
(8:04PM) COMMISSIONER DISCUSSION/QUESTIONS
(8:21 PM)
On MOTION by Felker, SECONDED by Brandenburg, CASE#10-174 LCPA/SPA was
RECOMMENDED FOR ADOPTION BY THE CITY COUNCIL.
(8:21 PM)
FURTHER COMMISSIONER DISCUSSION
NO ACTION ON FIRST MOTION
NEW MOTION TO CONTINUE PROPOSED
(8:26PM)
On MOTION by O'Grady, SECONDED by Brandenburg, CASE#10-174 LCPA/SPA was
CONTINUED TO THE DATE CERTAIN OF FEBRUARY 3, 2011
VOTE: 5-0
AYES: Brandenburg, Felker, O'Grady, Shannon, Steyaert
NOES: None
ABSTAIN: None
PLANNING COMMISSION/DIRECTOR REPORTS : None
ADJOURNMENT: Adjourn to the Regular Meeting of January 6 ,2011 (8.31PM)
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 requires issuance of a regular Coastal
Development Permit. The action of the Planning Commission relative to Item 1 is not appealable
to the Coastal Commission.
Planning Commission Minutes of December 16, 2010 Page 5 of 5
TA IINUTES PC\PC121610.MINdr.doc 1-5
DRAFT
PLANNING COMMISSION
REGULAR MEETING
MINUTES
Civic Center - Council Chambers
505 South Vulcan Avenue
Encinitas, California 92024
Thursday, January 6, 2011
6:00 P.M.
CALL TO ORDER The Regular Planning Commission meeting of January 6, 2011 was
called to order by Chair Mark Steyaert at 6:07PM
ROLL CALL
Commissioners Present: Chair Mark Steyaert, and Commissioners Tony Brandenburg,
Virginia Felker and Glenn O'Grady
Commissioners Absent: Vice-Chair Jo Ann Shannon,
Staff Present: City Planner Tom Curriden, City Attorney Representative Gregory
Lusitana, Associate Planner Todd Mierau, Deputy Fire Marshal
George McNealy
PLEDGE OF ALLEGIANCE - Led by Todd Mierau
ORAL COMMUNICATIONS - None
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE
PUBLIC/COMMISSION - None
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
NOTHING ON THE CONSENT CALENDAR THIS MEETING
NOTE: THE 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: 10-095 MUPMOD/CDP
FILING DATE: June 22, 2010
APPLICANT: Wine Steals, Inc.
LOCATION: 1953 San Elijo Avenue (APN: 260-351-33)
ZONING: The subject property is within the General Commercial (GC) zone and the Coastal
Zone.
DESCRIPTION: Public Hearing to consider a Major Use Permit Modification and Coastal
Development Permit to convert existing office space into additional restaurant area for alcohol
. -2-Luig wuuiussiun ivimuies of January o, m i l Pagel of T 1-6
service for an existing wine bar/restaurant use and modify an existing Joint Use Parking
Agreement to allow parking spaces for primarily daytime office uses in the underground
parking garage of the building to be utilized for the nighttime use of the proposed wine
bar/restaurant. Additional outdoor dining is proposed at the rear of the existing office
building. The original Major Use Permit being modified is Case No. 07-168 MUP/CDP.
ENVIRONMENTAL STATUS: The project has been determined to be exempt from
environmental review as per California Environmental Quality Act (CEQA) Guidelines
Section 15301, which exempts the permitting or licensing of existing facilities involving
negligible or no expansion of use from environmental review.
STAFF RECOMMENDATION: Staff recommends that the Planning Conunission approve
Case No. 10-095 MUPMOD/CDP based upon the findings and conditions contained in the
draft resolution of approval for the project provided to the Commission.
STAFF CONTACT: Todd Mierau, Associate Planner
(6:09PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER TODD
MIERAU
(6:14PM) DISCLOSURES
(6:14PM) COMMISSIONER DISCUSSION/QUESTIONS
(6:22PM) PUBLIC HEARING OPENED
Speakers:
Warren Mac
Tod Lenhoff
Brett Farrow
(6:39PM) REBUTTAL
(6:42PM) PUBLIC HEARING CLOSED
(6:42PM) COMMISSIONER DISCUSSION/QUESTIONS
(6:43PM)
On MOTION by Felker,.SECONDED by Brandenburg, CASE# 10-095 MUPMOD/CDP
was APPROVED with the added CONDITION SCJ
VOTE:
3-1-1
AYES:
Brandenburg, Felker, O'Grady
NOES:
Steyaert
ABSTAIN:
None
ABSENT:
Shannon
PLANNING COMMISSION/DIRECTOR REPORTS : None
ADJOURNMENT: Adjourn to the Regular Meeting of January 20 2011 (6.51PM)
.a-ug -ul-Lummu 1vlmutes of January 6, mi 1
TAMINUTES PC\PC010611.MINdndoc
Page 2 of 3
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 I above is located within the coastal zone and requires issuance of a regular Coastal
Development Permit. The action of the Planning Commission relative to Item 1 is not appealable
to the Coastal Commission.
Planning Commission Minutes of January 6, 2011 Page 3 of 3
TAM11*4=S POPC010611.MINdr.doc 1-8
DRAFT
PLANNING COMMISSION
REGULAR MEETING
MINUTES
Civic Center - Council Chambers
505 South Vulcan Avenue
Encinitas, California 92024
Thursday, January 20, 2011
6:00 P.M.
CALL TO ORDER The Regular Planning Commission meeting of January 20, 2011 was
called to order by Chair Mark 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 Brandenburg
Staff Present: City Planner Tom Curriden, City Attorney Representative Gregory
Lusitana, Administrative Secretary Deana Gay, Associate Planner J.
Dichoso, Associate Planner Kelly Morgan and Deputy Fire Marshal
George McNealy
PLEDGE OF ALLEGIANCE - Led by Deana Gay
ORAL COMMUNICATIONS - None
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE
PUBLIC/COMMISSION -None
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
1. CASE NUMBER: 10-066 MUP/DR/COC/CDP
FILING DATE: June 15, 2010
APPLICANT: Self-Realization Fellowship Church
LOCATION: 1105 Second Street (APN: 258-316-17) and 215 K Street (APN: 260-022-01)
ZONING: The subject property is located in the D-CM-2 (Downtown Encinitas Specific
Plan-Commercial Mixed-2) zone of the Downtown Encinitas Specific Plan and within the
Coastal Appeal Zone (for the portion of the project located at 215 K Street) of the City of
Encinitas.
DESCRIPTION: Public Hearing to consider a Major Use Permit, Design Review Permit and
Coastal Development Permit to convert an existing dance studio use into a sanctuary hall church
use with an addition of approximately 1,470 square feet of non-assembly area consisting of an
entry foyer, restrooms, storage and meeting rooms for the proposed use. Parking lot revisions,
including landscaping, Best Management Practices, restriping and Americans with Disabilities
Act (ADA) requirements are being included within the project. A Joint Use Parking Agreement
Planning Commission Minutes of January 20, 2011 Page 1 of 4 1-9
to allow parking spaces off-site within the adjacent Ashram grounds property located south of
the subject site at 215 K Street is also being proposed at this time. The six underlying legal
lots at 1105 Second Street will be consolidated into one lot via a Certificate of Compliance.
ENVIRONMENTAL STATUS: The project has been determined to be exempt from
environmental review as per California Environmental Quality Act (CEQA) Guidelines
Section 15301(e)(1), which exempts additions to existing structures provided that the addition
will not result in an increase of more than 50 percent of the floor area of the structures before
the addition, or 2,500 square feet, whichever is less.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve
Case No. 10-066 MUP/DR/CDP based upon the findings and conditions contained in the draft
resolution of approval for the project provided to the Commission.
STAFF CONTACT: Todd Mierau, Associate Planner
STAFF RECOMMENDATION: CONTINUE Case No. 10-066 MUP/DR/CDP to the next
Regular Planning Commission Meeting of February 3, 2011
(6:02PM)
On MOTION by Shannon, SECONDED by O'Grady, CASE# 10-066 MUP/DR/CDP was
CONTINUED to the next regular PLANNING COMMISSION MEETING on February
3, 2011.
VOTE: 4-0-1
AYES: Felker, O'Grady, Shannon, Steyaert
NOES: None
ABSENT: Brandenburg
2. CASE NUMBER: 10-007 MUPMOD/CDP
FILING DATE: January 19, 2011
APPLICANT: Verizon Wireless
LOCATION: 2775 Caminito Ocean Cove
ZONING: The subject property is located in the R-11 (Residential 11) zone in the
Community of Cardiff-by-the-Sea and within the Coastal Zone of the City of Encinitas.
SUBJECT: Public Hearing for a Major Use Permit Modification and Coastal Development
Permit to install a new backup generator to an existing Verizon wireless telecommunications
facility. As background, see 94-204 MUP/CDP (PC Reso. 96-09 approved April 25, 1996)
which approved the wireless telecommunication facility.
ENVIRONMENTAL STATUS: The project has been determined to be exempt from
environmental. review pursuant to Sections 15303 of the California Environmental Quality Act
(CEQA) Guidelines. Section 15303 exempts the installation of small new equipment and
facilities in small structures.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve
Case No. 10-007 MUPMOD/CDP based upon the findings and conditions contained in the
draft resolution of approval for the project provided to the Planning Commission.
STAFF CONTACT: J. Dichoso, Associate Planner
(6:02PM)
On MOTION by Shannon, SECONDED by O'Grady, CASE# 10-007 MUPMOD/CDP was
APPROVED ON CONSENT.
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TAiVIINUTES PC\PC01201LMINdr.doc 1-10
VOTE: 4-0-1
AYES: Felker, O'Grady, Shannon, Steyaert
NOES: None
ABSENT: Brandenburg
NOTE: THE PLANNING COMMISSION MAY NOT BEGIN-A NEW HEARING AFTER
10:00 PM UNLESS APPROVED BY A MAJORITY OF THE COMMISSION.
REGULAR AGENDA
3. CASE NUMBER: 07-124 GPA/ZCA/LCPA
FILING DATE: August 15, 2007
APPLICANT: City of Encinitas
LOCATION: Amendments proposed City-wide; viewshed to be established for Station
White in the 1600 block of Gascony Road.
SUBJECT: Public Hearing for a General Plan Amendment, Zoning Code Amendment and
Local Coastal Program Amendment to establish a policy regarding historic viewsheds and
establish Station White as a historic viewshed.
ENVIRONMENTAL STATUS: The proposed amendments to the General Plan and Local
Coastal Program are exempt from environmental review pursuant to Section 15308 of the
California Environmental Quality Act (CEQA) Guidelines. Section 15308 exempts actions
taken by regulatory agencies, as authorized by state or local ordinance, to assure the
maintenance, restoration, enhancement, or protection of the environment where the regulatory
process involves procedures for protection of the environment.
STAFF RECOMMENDATION: Staff recommends to the Planning Commission that the
Commission 1) consider and recommend approval of the Draft City Council Resolution
amending the General Plan and Local Coastal Program to establish a policy regarding historic
viewsheds and establishment of Station White as a historic viewshed; 2) consider and
recommend approval of the Draft City Council Ordinance amending the Zoning Code and
Local Coastal Program to implement the General Plan policy regarding historic viewsheds,
and 3) consider and adopt the Station White viewshed resolution, which would not become
effective until the General Plan, Zoning Code and Local Coastal Program Amendments are
approved by the City Council and California Coastal Commission.
STAFF CONTACT: Kelly Morgan, Associate Planner
(6:02PM) STAFF REPORT PRESENTED BY ASSOCIATE PLANNER KELLY
MORGAN
(6:08PM) DISCLOSURES
(6:08PM) COMMISSIONER DISCUSSIONIQUESTIONS
(6:11 PM) PUBLIC HEARING OPENED
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TAVIINUTES POPC012011.MINdr.doc
Page 3 of 4
1-11
Speakers:
Michael George
Dan Winne
Frank Karg
Bill Sherman
Andrew O'Loughlin
Tim Jordan
Jon Blake
Susan Scott
(6:24PM) PUBLIC HEARING CLOSED
(6:24PM) COMMISSIONER DISCUSSION/QUESTIONS
(6:31PM)
On MOTION by Shannon, SECONDED by Felker, CASE# 07-124 GPA/ZCA/LCPA was
APPROVED.
VOTE:
4-0-1
AYES:
Felker, O'Grady, Shannon, Steyaert
NOES:
Norte
ABSENT:
Brandenburg
PLANNING COMMISSION/DIRECTOR REPORTS
On Tuesday, January 18t City Council held a Workshop Goal discussion.
On Tuesday, January 25th City Council will hold another Workshop Goal discussion.
On January 19th City Council voted to abandoned proposed changes to the Hall Property
ADJOURNMENT: Adjourn to the Regular Meeting of February 3 2011 (6.38PM)
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 2 above is located within the coastal zone and requires issuance of a regular Coastal
Development Permit. The action of the Planning Commission relative to Item 2 is not appealable
to the Coastal Commission. Item 3 requires approval by the California Coastal Commission
following City action.
Planning Commission Minutes of January 20, 2011 Page 4 of 4
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