2016-54A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
FOR A PLANNING COMMISSION INTERPRETATION OF ALLOWABLE USE, DETERMINING
THAT AN "ELECTRIC VEHICLE CHARGING STATION," AS A DEMONSTRATION PROJECT, IS
WITHIN THE SCOPE OF ALLOWABLE USES THAT IS ANCILLARY TO THE PRINCIPAL USE OF
"GOVERNMENT OFFICES," IN THE CIVIC CENTER (D-CC) ZONE, WITHIN THE DOWNTOWN
ENCINITAS SPECIFIC PLAN (DESP) AREA, FOR THE PROPERTY LOCATED AT 561 S. VULCAN
AVENUE
/CASE NO- 14-335 PCIVJ'APN:
WHEREAS, on January 13. 2018. the City Council was presented with on informational item on
the proposed Electric Vehicle (E\/ ) charging station, as well as zoning and policy issues identified by
planning staff. Staff requested City Council direction related to the suitability of the project at the
proposed |ooahnO, and their desired outcome for the construction and operation of the EV Charging
station. Staff also indicated to the City Council that in order to consider the operation of the EV charging
station at this location, a land use interpretation would be required to be made by the Planning
CODlD1iSsioD, pU[GU8Dt to Encinitas Municipal Code 30.01.030. to determine Vvh8th8[ an ^8|8[t[iC vehicle
charging station" is within the SCOp8 of allowable US8S permitted within the Civic CeDter/[)-CC\ ZOO8, in
the Downtown Encinitas Specific Plan (DESP) area, located at 561 S. Vulcan Avenue legally described in
Exhibit A;and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 1,
NOW' THEREFORE, BE IT RESOLVED that the Planning Commission, in its independent
judgment, finds that:
The interpretation of provisions of the Municipal Code by the Planning Commission isnot
subject 0J eOVi[OOOOgOt8| review because the activity in qU8StOD is not 3 project as per
Section 15378 of the CEQA Guidelines;
2. The DOVvDtOVVD EDdOit8S Specific Fq8O Civic C8Dt8[ /O-CC) 2DD8 is intended to provide
activities that are operated by the City, county or other governmental agency. This zone iS
unique in that it recognizes the functions of the City's main offices as the principal use within
this zone;
3. The [)OVVOtUVVO Encinitas Specific P|8O Civic Center (D-C|[}) zOD8 lists a number of principal
land uses that are either permitted by right, or conditionally permitted through a use permit. All
other principal land uses not listed iDthe document, are prohibited;
4. The C)OVVDtoVVO Encinitas Specific P/8Q Civic Center /O-CC) zOO8 |iS[S "GOw8rODl8DL
Offices" aS8 principal land use iO this zone;
5. An "electric mBhid8 charging G[8tiOO" is within the scope of allowable permitted US88 in the
[)0VVO0JVVO Encinitas Specific P|8D Civic C8Ot8[ /D-CC) Zone, as 8 d8DlODSt[atiOO project,
that iS classified 3s8D ancillary use tO the principal land use Of "Government [}ffiC8G" �within
this zone.
7"ASSED AND ADOPTED this ls'day of September, 2016 by the following vote, to wit:
AYES: Apuzzo, Boarner Horvath, Brandenburg, Drakos,O'Grady
NAYS: None
ABSENT: None
ABSTAIN: None
A�-� B��2 -
`Mlch�el Glenn O'Grady, Chair,,6f the
Planning Commission of the City of
Encinitas
ATTEST:
Manjeet Ranu./VCP
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal
challenges.
Resolution No. PC 2016 -54
Case No. 14-335 PCIN
Real property in the City of Encinitas, County of San Diego, State of California, described as follows:
ALL THAT PORTION OF EAST BLOCK 5 OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 16, 1883,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID EAST BLOCK 5, DISTANT
THEREON NORTH 2 DEG. 17 FEET 30 INCHES EAST, 202.43 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF; THENCE NORTH 2 DEG. 17 FEET 30 INCHES EAST
ALONG SAID EASTERLY LINE, 202.43 FEET, MORE OR LESS, TO THE NORTHEASTERLY
CORNER OF SAID EAST BLOCK 5; THENCE SOUTH 83 DEG. 23 FEET 30 INCHES WEST
ALONG THE NORTHERLY LINE THEREOF, 232.95 FEET; THENCE SOUTHERLY 200 FEET
MORE OF LESS TO THE WESTERLY TERMINUS OF A LINE WHICH BEARS SOUTH 83 DEG. 23
FEET 30 INCHES WEST 220 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 83 DEG.
23 FEET 30 INCHES, TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE SOUTH 10 FEET OF EAST D STREET ADJOINING
SAID PORTIONO F EAST BLOCK 5 ON THE NORTHERLY SIDE AS VACATED AND CLOSED TO
PUBLIC USE BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ON MAY 23,
1961 BY RESOLUTION 140, A CERTIFIED COPY OF WHICH WAS RECORDED ON THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 1, 1961 AS FILE NO. 94253
OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE WESTERLY 6 FEET THEREOF.
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