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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. riammng t:ommission Mmutes otJanuary 20, 2011 Page 2 of 4 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 riammng t-,ommission mmutes of January 20, 2011 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 T:\MIWTES PC\PC012011.MINdr.doc 1-12