2021-30 (EG)RESOLUTION NO. 2021-30
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
DENYING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE DEMOLITION AND CONSTRUCTION OF A NEW
UNIT WITHIN AN EXISTING FIVE-PLEX AND THE REPAINT OF THE
EXTERIOR OF THE FOUR REAR UNITS TO MATCH THE FRONT UNIT,
CONSTRUCTION OF SITE AND OFF -SITE IMPROVEMENTS AND THE USE
OF A TEMPORARY CONSTRUCTION TRAILER FOR THE PROPERTIES
LOCATED AT 1222, 1224, 1226, 1228, AND 1230 HERMES AVENUE.
(Case Nos. MULTI-003486-2019; DR-003487-2019; CDPNF-003488-2019; APN: 254-253-06)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Randy and Toni Popien for the demolition and construction of one
existing unit within an existing five-plex with the allowance to repaint the exterior of the existing four
rear units to match the front unit, the construction of on- and off -site improvements and the use of a
temporary construction trailer, legally described in Exhibit A; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on July
15, 2021 and August 5, 2021; and
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
DENIES Case Nos. MULTI-003486-2019; DR-003487-2019; CDPNF-003488-2019 based on the
following Environmental Determination and Findings:
Section 1. California Environmental Quality Act Determination
The project has been determined to be exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA) Guidelines Sections 15301(I)(2) and 15303(b).
Section 15301(I)(2) exempts the demolition of a multi -family structure. Section 15303(b) exempts the
construction of new multi -family structures for not more than six dwelling units. None of the
exceptions in Section 15300.2 exist and no historical resources will be impacted by the proposed
development.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
DENIES Case Nos. MULTI-003486-2019; DR-003487-2019; CDPNF-003488-2019 based on the
following Findings:
Section 2. Findings
Based on the findings for legal nonconforming units, under Municipal Code Section
30.76.120B.1 which states: "Nonconforming residential buildings of five or more units may
be modified if the resulting profile does not result in a structure contrary to this section
and the following findings are made by the authorized agency". The Planning Commission
has made the following findings to support the recommendation of approval, with
conditions:
Finding for Nonconforming Units
Explanation of Finding
1. The are no additional negative impacts
The Planning Commission finds the proposed
to the character of the neighborhood
new structure located in the front will
beyond the assumed negative impacts
negatively affect the existing character of the
Finding for Nonconforming Units
Explanation of Finding
of the nonconformity; and
neighborhood as designed.
2. The resulting design will enhance the
The Planning Commission finds that the
neighborhood and will not significantly
proposed new structure proposed in the front
increase the economic life of the
of the property will increase the economic life
nonconformity beyond that which would
of the overall project beyond that which would
occur through normal maintenance
occur through normal maintenance practices;
practices; and that the building profile
and that which would be necessary for the
modification is necessary for protection
protection of health and safety.
of health and safety.
BE IT FURTHER RESOLVED that based on the Environmental Determination and
Findings hereinbefore adopted by the Planning Commission, Case Nos. MULTI-003486-2019;
DR-003487-2019; CDPNF-003488-2019 is hereby DENIED.
PASSED AND ADOPTED this 5th day of August, 2021 by the following vote, to wit:
AYES: Dalton, Doyle, Ehlers, Sherod
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
alks-v l (, .d&rnkc6L.0
Anna Colamussi
Secretary
1J.4A fi,
ruce Eh ers, Chair
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.