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2020-11-19 Minutes1 MINUTES OF THE ENCINITAS PLANNING COMMISSION HEARING NOVEMBER 19, 2020, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER AT 6:01PM 2. ROLL CALL Present: Chair Bruce Ehlers, Vice-Chair Kevin Doyle and Commissioners Brett Farrow, Amy Flicker and Susan Sherod 3. PLEDGE OF ALLEGIANCE 4. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF None 5. CHANGES TO THE AGENDA None 6. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Any member of the public may remove an item by registering using the above link. Items removed from the Consent Calendar by a Commissioner or the public will be considered immediately following the Consent Calendar. 6A. APPROVAL OF MINUTES for the Regular Planning Commission meeting of August 20, 2020. STAFF CONTACT: Deana Gay, Planning Commission Clerk Recommended Action: Staff recommends approval. 6B. APPROVAL OF MINUTES for the Regular Planning Commission meeting of September 3, 2020. STAFF CONTACT: Deana Gay, Planning Commission Clerk Recommended Action: Staff recommends approval. Doyle moved, Flicker seconded to APPROVE THE CONSENT CALENDAR. Motion carried. Ayes: Doyle, Ehlers, Farrow, Flicker, Sherod Nays: None 7. ITEMS REMOVED FROM THE CONSENT CALENDAR None 8. REGULAR AGENDA - ACTION ITEMS 8B. CASE NUMBER: PLCY-003713-2020 (ZA/LCPA – Density Bonus Amendments) APPLICANT: City of Encinitas; LOCATION: City-wide; PROJECT DESCRIPTION: This is a continuation of the Planning Commission hearing from October 15, 2020, which was continued to a date uncertain, and is now being re-noticed. The City of Encinitas proposes amendments to Chapter 30.16.020(C) (Density Bonus Regulations) of the Encinitas Municipal Code. A public hearing will be held to review and consider the draft Ordinance No. 2020-09, titled “An Ordinance of the City Council of the City of 2 Encinitas, California, Adopting Amendments to Chapter 30.16.020(C) (Density Bonus Regulations) of the Encinitas Municipal Code” to incorporate changes made in State Law and modifications requested by the Planning Commission, which include application requirements for projects requesting a density bonus and location of required affordable units within a housing development. The Commission will also consider incentives such as increased density to create affordable housing as an alternative to the density bonus provided for in Assembly Bill 2345 (AB 2345), which takes effect on January 1, 2020. Title 30 of the Municipal Code is a component of the Local Coastal Program (LCP); therefore, the LCP would also be amended as part of this application. ENVIRONMENTAL STATUS: The proposed amendments to the City’s Municipal Code are exempt from environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. The ordinance being considered specifies how the City will comply with and implement State density bonus law, and adoption is required pursuant to Government Code Section 65915(a). The bonuses, incentives, and waivers permitted by the ordinance are required by State law, and this ordinance does not permit any bonuses, incentives, or waivers greater than those required by State law. STAFF CONTACT: Nick Zornes, Planner IV: 760-633-2711 or nzornes@encinitasca.gov Recommended Action: Staff recommends the Commission make a recommendation to City Council. Speakers: Camille Perkins Dan Vaughn Farrow moved, Sherod seconded to recommended approval to City Council with modifications addressed in City Council Ordinance 2020-09 identified during public hearing discussion. Modifications included utilizing net acreage, not gross acreage to calculate density. The Commission supported the recommended increases in density bonus over the current maximum of 35% up to 41% for very low and low-income and 39% for moderate income. Motion carried. Ayes: Doyle, Ehlers, Farrow, Flicker, Sherod Nays: None 8A. PROJECT NAME: Belmont Village Encinitas-by-the-Sea; CASE NUMBERS: MULTI- 002891-2018; SUB-002894-2018; USE-002895-2018; DR-002893-2018 & CDP- 002892-2018 (17-273 TMDB/MUP/DR/CDP); FILING DATE: March 13, 2018; APPLICANT: Beau Brand, Greystar; LOCATION: Manchester Avenue (APNs: 261- 210-022-00 & 261-210-12-00); PROJECT DESCRIPTION: Public hearing to consider a Planned Residential Development through a Major Use Permit, a Tentative Map, Density Bonus, Design Review Permit and Coastal Development Permit to subdivide two existing parcels into 12 lots utilizing the state density bonus law; demolish all existing agricultural structures; construct a 200-unit senior residential care facility including two-stories over a subterranean basement; construct eight new two-story single-family residential units (one market-rate and seven affordable) each with an attached affordable accessory unit; construct a public trail, and grading/site/landscaping improvements. ZONING/ OVERLAY: The project site has a split zoning designation of Rural Residential 2 (R-2) and Ecological Reserve/Open Space/Park (ER/OS/PK), and is located within the Special Study Overlay Zone, Coastal Zone (Coastal Commission’s 3 Appeal Jurisdiction), Scenic/View Corridor Overlay Zone, Cultural Overlay Zone and 100-Year Flood Zone (southern edge along Manchester Avenue) and High Fire Hazard Severity Zone.; ENVIRONMENTAL STATUS: In accordance with the California Environmental Quality Act (CEQA), a 45-day public review and comment period was established from April 3, 2020 to May 18, 2020 for a Draft Environmental Impact Report (EIR) prepared for the proposed project, pursuant to CEQA Guidelines Section 15087. Responses to public comments on the Draft EIR have been prepared and are included in the Final EIR, which is available for viewing at the Encinitas Development Services Department, 505 S. Vulcan Avenue, Encinitas, CA 92024. STAFF CONTACT: Katie Innes, Senior Planner II: (760) 633-2716 or kinnes@encinitasca.gov Recommended Action: Staff recommends approval. Speakers: Sandy Lieberman Al Apuzzo Deborah Ruane Jarvis Mueller Sherod moved, Farrow seconded to CONTINUE Case #MULTI-002891-2018 TO DATE CERTAIN OF DECECEMBER 3, 2020 with the public testimony remaining open. Motion carried. Ayes: Doyle, Ehlers, Farrow, Flicker, Sherod Nays: None 9. FUTURE AGENDA ITEMS ADDED BY PLANNING COMMISSIONERS None 10. PLANNING COMMISSION REPORTS None 11. ASSISTANT DIRECTOR REPORTS Going forward with resubmittal of the 6th Cycle Housing Element. Newcastle Project has been appealed to City Council. 12. ADJOURNMENT Adjourn to the regular Planning Commission meeting of December 3, 2020 at 10:45PM.