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2022-03 (EG)DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC REVISED RESOLUTION NO. PC 2022-03 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING THE ANNUAL REPORT FROM JANUARY 2020 THROUGH DECEMBER 2021 AND THE 2022-2023 WORK PLAN, AUTHORIZING TRANSMITTAL TO THE CITY MANAGER AND CITY COUNCIL AND ASSIGNING REPRESENTATIVE WHEREAS, Encinitas Municipal Code Section 2.30.040 C. requires the Commission to prepare and present an annual report and work plan to the City Council, which requirement is further guided by the Commission's bylaws; and WHEREAS the Planning Commission conducted duly agendized public hearing on March 3, 2022. NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES its Annual Report and Work Plan based on the following Environmental Determination and provides for the following further direction: Section 1. California Environmental Quality Act Determination This action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Section 2. Commission Direction A. Exhibit A includes the 2022-2023 Annual Report and Work Plan. B. The Commission representative Chair Ehlers is designated to present the Annual Report and Work Plan to the City Manager and City Council. The above environmental determination and direction are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. PASSED AND ADOPTED this 30t" day of March, 2022, by the following vote, to wit: AYES: Ehlers, Doyle, Dalton, Sherod NOES: None Docu Signed by: ABSTAIN: None ABSENT: Ryan FFF68D43368644D Kevin Doyle, Vice -Chair ATTES - Docusigned by: AV," (,6 W(,tSSi F137385BA26B4C3.. Anna Colamussi Secretary DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC EXHIBIT A ANNUAL REPORT AND WORK PLAN DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC Representative Bruce J. Ehlers Kevin T. Doyle Susan M. Sherod Annual Report and Work Plan Planning Commission City of Encinitas January 2020 — December 2021 Adopted March 30, 2022 Exhibit'A'to Resolution No. PC 2022- Community Term Olivenhain Chair 3/20 - 3/23 Old Encinitas Vice -Chair 3/21- 3/24 New Encinitas Commissioner 3/20 - 3/23 Christine (Chris) Ryan Leucadia Commissioner 8/21- 3/23 Steven E. Dalton Cardiff by the Sea Commissioner 3/21- 3/24 Secretary Anna Colamussi Planning Manager Assistant City Attorney Scott E. Porter Commission Clerk Deana Gay Bylaws https://archive.encinitasca.gov/WebLink/DocView.aspx?dbid=0&id=821936&page=1&cr=1 1 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC CONTENTS Summary • Overview and highlights Introduction and Background • Purpose of the Annual Report and Work Plan • Acknowledgement of finite resources and establishing priorities • About the Planning Commission Prior Year Report on Accomplishments and Activities • Implementation report on prior year Work Plan • Docket statistics Forward -looking Work Plan • Action item • Justification • Priority 2 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC SUMMARY The Planning Commission is pleased to present this annual report and work plan to the City Manager, City Council and community. The Commission and staff accomplished much in 2020 through 2021. Fundamental structural improvements were put into place, providing the Commission and staff the tools needed to effectively execute their duties as stewards of land use in Encinitas. The City's update of its Housing Plan, an element of the General Plan, is the most significant land use and policy initiative in Encinitas. In a City passionate about its quality of life, the Commission provides a public forum for decision making on discretionary land use projects. In doing so, the Commissioners maintain a respectful and healthy dialogue about matters before it and generally achieve consensus decisions for positive outcomes. The recommended work plan identifies continuous improvement opportunities, which either align with the City Council work plan, or leverage from it to accomplish even more. t DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC INTRODUCTION AND BACKGROUND Purpose of the Annual Report and Work Plan The Annual Report serves as a retrospective look at the Planning Commission's activities from January 2020 through December 2021. The Work Plan includes recommendations for the City Manager and City Council to consider in ensuring continuous improvement to the City's land use and regulatory framework. The work plan is submitted to the City Manager and City Council to align with the budget process, allowing for allocation of resources to implement all or part of the recommended work plan. Acknowledgement of Finite Resources and Establishing Priorities The Commission understands that departmental resources are finite, necessitating prioritization of items in the work plan. The work plan has been filtered to include what the Commission believes to be the City's highest land use policy and regulatory priorities. These priorities have been categorized to assist in programming the work plan. Alignment with the City Council's work plan is specifically noted, where that occurs. Seeing opportunities to consolidate, coordinate or leverage the City Council's work plan, the Commission has identified opportunities to accomplish even more for the betterment of Encinitas. About the Planning Commission The Encinitas Planning Commission is established in accordance with Section 2.34 of the Encinitas Municipal Code. It consists of five members. The Commission has final authority to decide discretionary projects, except for minor projects that are acted upon by the Development Services Department. Final Commission decisions are appealable to the City Council. The Commission also is an integral part of the land use policy and regulatory making process. It assists the Council in distilling broad options and issues into focus, facilitating the City Council's decision making on land use policy and regulatory matters. The role of the Planning Commission is to provide input on land use and ensure orderly development reflective of Encinitas community values. It is accountable to the City Council. 121 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC SUMMARY OF 2020-2022 ACCOMPLISHMENTS AND ACTIVITIES Planning Commission Meetings Held 2020 2021 January -March 2022 Joint Study Sessions with City Council 0 2 1 Regular Commission Meetings 18 21 3 Projects Reviewed by the Planning Commission 2021 January -March 2022 Policy and Regulatory Projects 3 10 0 Discretionary Projects Reviewed 31 35 4 Projects Appealed to Council 4 6 1 a. Upheld? 3 4 1 b. Reversed? - 2 - c. Modified? 1 - - d. Appeal Withdrawn? - - - e. Referred back to Planning Commission? - Alcohol Land Use Permits 4 6 0 Density Bonus Projects 3 4 0 Discretionary Projects Acted Upon by Staff 2020 2021 January -March 2022 Discretionary Projects 45 78 14 Appealed to Council 1 2 - a. Upheld? 2 - b. Reversed? - - c. Modified? - - d. Referred to Planning Commission? - - Continuous Improvement Initiatives Completed 2020 2021 January -March 2022 Staff Resources • S132 — Contract Planner (20-21) • Civic Solutions two Contract Planners (21) • Environmental Coordinator position replaced with Senior Planner (22) • Housing Coordinator Position created (21) • Senior Mobility Planner created (21) - - - Process Improvements • Plan Title Sheet Template Created • Updates to submittal checklist - - - DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC Energov Two Full Years of Implementation - - - • Paperless online permitting through Customer Self Service (CSS) • Inspections/Conditions formatting created • Electronic plan routing (all paperless) Prior Policy Accomplishments 2020 2021 January -March 2022 Housing Element Update — considered the 1 hearing update to the City's Housing Element for the 2021-2029 housing cycle. Planning Commission recommended approval to Council to approve the update. Adoption of the updated Accessory Dwelling 4 hearings Unit and Junior Accessory Dwelling Unit Ordinances — Planning Commission recommended approval to the City Council with modifications. Consider amendments to Titles 2, 9 and 30 of 2 hearings the Encinitas Municipal Code the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff -by -the -Sea Specific Plans; and the Local Coastal Program, regulating group homes, including sober living homes, operating in single- family residential zones in the City of Encinitas. Planning Commission recommended approval to the City Council with modifications. Repealing of Ordinance No. 2020-16 (Group 1 hearing Home Permit Ordinance) and reinstating language in Titles 2, 9 And 30 of the Encinitas Municipal Code, and provisions of the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, And Cardiff -by -the -sea Specific Plans existing prior to adoption of Ordinance No. 2020-16. Planning Commission recommended approval to the City Council. Considered proposed amendments to Chapter 4 hearings 30.16.020(C) (Density Bonus Regulations) of the Encinitas Municipal Code. Planning Commission recommended approval to the City Council with modifications. DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC Resolution Recommending Approval of 1 hearing Ordinance No. 2021-07, repealing Ordinance No. 2020-09 (Density Bonus Amendments) and reinstating zoning code language existing prior to adoption of Ordinance No. 2020-09. Planning Commission recommended approval to the City Council. Considered amendments to EMC Chapter 30.41 5 hearings Affordable Housing of the Encinitas Municipal Code to increase the inclusionary housing percentage requirements to better address the need for affordable units for all residential development, in -lieu fee as an alternative method of compliance, and a new affordable housing impact fee for residential care facilities. Planning Commission recommended approval to the City Council with modifications. Considered amendments to Title 30 of the 2 hearings Encinitas Municipal Code and the Local Coastal Plan to Establish parking standards appropriate for different kinds of housing -related development in the City of Encinitas. Planning Commission recommended approval to the City Council. Consider repealing Encinitas Municipal Code 2 hearings Chapter 9.21 (Marijuana and Marijuana -Related Activities and Uses) and amending Title 30 (Zoning) of the Encinitas Municipal Code, and the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff -by -the -Sea Specific Plans, and the Local Coastal Program, regulating Cannabis activity in the City of Encinitas. Planning Commission recommended approval to the City Council. Considered amendments to Chapters 23.08 5 hearings (Design Review) and 30.16 (Residential Zones) of the Encinitas Municipal Code, the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff -by -the -Sea Specific Plans, the City's Design Guidelines, and the Local Coastal Program, to provide for objective design and development standards for multiple family and mixed -use housing development. Planning DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC Commission made recommended modifications and recommended approval to City Council. Future Work Plan January -March 2022 Updates to Permit and Service Delivery 1 1 Performance Standards and Process Guide DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC Planning Commission's Policy and Regulatory Work Plan, January 2020 — December 2021 Goal is to consolidate initiatives into comprehensive work programs allowing more to be accomplished than otherwise possible. The lists below within each category are in no particular priority order. Work Programs Summary A. Current Goals 1. Senate Bill 9 2. Mobility/Circulation Element 3. El Camino Real Specific Plan 4. Accessory Dwelling Units (parking) 5. Modify Appeal periods 6. Public Safety Element 7. Short Term Rentals 8. Outdoor Dining 9. Native Plant Ordinance 10. Increase Affordable Housing 11. Policy Interpretations 12. Omnibus Code Clean Up B. As Time Permits 1. Community Character Analysis 2. Sign Ordinance Update 3. Leucadia Northwest Circulation/Crossings 4. Preservation of Open Space 5. Citizen Participation Program Meetings 6. Expiration/Extension of Stale Permits C. Long-term Goals 1. Land Use Element Update a. Regulating the Size of Single -Family Houses b. Zoning Code Update 2. Recreation Element Update E DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC 3. Citywide Noise Ordinance Update 4. Residential Care — General Zoning Code Amendment 5. Unpermitted Accessory Dwelling Units Ordinance 6. Entertainment Ordinance 7. Cardiff Twinhome Lot Variance Requests 8. Bluff Determination Procedure Work Program Categories Current and Focused amendments required by law or City Council and/or requiring minimal level of resources with good As Time potential to create efficiencies Permits Goals Long-term Comprehensive work programs based on community visioning and clearly defining what Encinitas wants to be. Goals Work Programs Detail A. CURRENT GOALS COUNCIL'S WORK • •(GPA)/LOCAL AMENDS GENERAL SUMMARY/COMMENTS SCHEDULE* BUDGET FUNDED HOURS COASTALIF (LCPA)/ZONING Awh CODE (ZA)? 1h mm TME N T 1111=_ r__ 1. SENATE BILL 9 Yes Yes, GPA, LCPA, SPA, Develop standards for 2022 Staff - and ZA implementing two -unit Time residential development and urban lot split. 2. Mobility/Circulate Yes Yes, GPA, and LCPA Update the Mobility/ 2021-2023 Yes Yes Yes on Element Circulation Element to define Update a safe, efficient, and DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC adequate citywide circulation system. Planning Commission desire to focus on alternative transportation methods. 3. EL CAMINO REAL Yes Yes, SPA, LCPA, and Creation of new Specific Plan 2021-2023 Yes Yes TBD CORRIDOR SPECIFIC ZA for the El Camino Real PLAN corridor; provide better circulation within area, and pedestrian friendliness, explore providing housing within area. 4. ACCESSORY Yes LCPA, and ZA Research ADU replacement 2022 TBD TBD TBD DWELLING UNITS parking restrictions and (PARKING) coordinate with CCC. 5. MODIFYAPPEAL Yes Yes, LCPA, and ZA Different appeal period times 2022 Staff - - PERIODS exist throughout the Time Municipal Code and there is a desire to make them consistent. 6. PUBLIC SAFETY Yes Yes Update the Public Safety 2018-2019 Yes Yes TBD ELEMENT UPDATE Element to be consistent with State Law. 7. SHORTTERM Yes LCPA, and ZA Council requested a data 2022 Staff - - RENTALS driven analysis to consider Time establishing a cap within the City. 8. OUTDOOR DINING Yes GPA, LCPA, SPA, and Amend outdoor dining 2022 Staff - - ZA regulations to be more Time flexibility and be allowed permanently within parking areas. 11 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC 9. NATIVE PLANT No TBD Explore a native plant 2022-2023 TBD TBD - ORDINANCE landscape policy. 10. INCREASE TBD Yes, GPA, LCPA, SPA Explore percentages of TBD TBD TBD TBD AFFORDABLE and ZA affordable housing (50 HOUSING percent/100 percent etc.), tiny homes, near transit, commercial strip malls, plan that creates a positive vote, create tools to encourage affordable housing. 11. POLICY No No Compile all historic policy 2022 Staff Yes N/A INTERPRETATIONS interpretations made by Time Planning Commission and locate all online. 12. OMNIBUS CODE No I Yes I Clean up code sections. I TBD I Staff I Yes N/A CLEAN UP Time 12 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC B. AS TIME PERMITS GOALS COUNCIL'S WORK AMENDS GENERAL SUMMARY/COMMENTS SCHEDULE* BUDGET FUNDED HOURS • •(GPA)/LOCAL COASTAL (LCPA)/ZONING CODE (ZA)? �A AS TIME PERMITS 1. COMMUNITY No Yes Define community character TBD TBD TBD TBD CHARACTER ANALYSIS and identify determinants of community character. 2. SIGN ORDINANCE No Yes Comprehensive update to the TBD TBD N/A TBD UPDATE Sign Ordinance (EMC Chapter 30.60) — Resolve conflicts with First Amendment rights — Standards for digital signage. 3. LEUCADIA TBD TBD Infrastructure improvements TBD TBD TBD TBD NORTHWEST to address needs due to CIRCULATION/CROSSI development within the area. NGS 4. PRESERVATION OF No TBD Determine ways to TBD TBD TBD TBD OPEN SPACE implement Resolution 2022- 04 by City Council to support the conservation of open space. 5. CITIZEN No TBD Make modification to require TBD TBD TBD TBD PARTICIPATION the timing of when CPP PROGRAM meeting shall occur. 13 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC 6. EXPIRATION/EXTENSI No Yes Update code language to TBD Staff N/A TBD ON OF STALE PERMITS address stale permits. Time LONG TERM GOALS NAME •UNCIL'S WORK AMENDS GENERAL•HOURS • • •, • , COASTAL, (LCPA)/ZONING •D LONG-TERM 1. LAND USE ELEMENT No Yes Leverages multiple Strategic TBD TBD TBD TBD UPDATE Plan initiatives, including Economic Development, Circulation Element Update and Parks Master Plan Update; would reinforce areas of stability and address areas of change in the city; can address community - specific planning topics. A. REGULATING Yes Yes Prior Council direction to TBD TBD TBD TBD THE SIZE OF consider options for a local SINGLE-FAMILY ordinance to regulate the size RESIDENCE of single-family homes to make them more consistent with existing surrounding neighborhoods. Should be addressed as part of an update of the Land Use Element, Zoning Code Update 14 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC NAME •UNCIL'S WORK PLAN/DIRECTION? AMENDS GENERAL PLAN (GPA)/L• COASTAL (LCPA)/ZONING CODE (ZA)? COMMENTSHOURS Ah and updated citywide Design OL"a Guidelines. B. ZONING CODE No Yes Bring needed modernization TBD Staff time Yes TBD UPDATE to the Zoning Code, especially addressing areas of frustration that do not yield desired outcomes; achieves update to Local Coastal Program. Also addresses: • Evaluation, update and potential incorporation of existing Specific Plans into the Land Use Element and Zoning Code • Parking and bike standards • Sign code update • Updates to Specific Plans • Updates to Noise standards 0M DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC NAME •UNCIL'S WORK AMENDS GENERAL COMMENTSHOURS PLAN/DIRECTION? PLAN (GPA)/L• COASTAL 1h 0 (LCPA)/ZONING CODE (ZA)? 2. RECREATION No Yes Leverages Parks Master Plan TBD TBD N/A TBD ELEMENT UPDATE Update to make corresponding updates to the Recreation Element; conduct concurrently with updates to Circulation and Land Use Elements to ensure that the mobility network addresses recreation facilities and trails, along with accounting for recreation needs related to land use. 3. CITYWIDE NOISE Yes Yes Update City Noise standards. TBD TBD N/A TBD ORDINANCE UPDATE 7. RESIDENTIA Yes Yes Amendment to the zoning TBD N/A N/A N/A L CARE — code to consider appropriate GENERAL zoning for residential care ZONING facilities (7 or more persons). CODE AMENDMEN T 8. UNPERMITT Yes Yes Ordinance to permit TBD Staff time Yes TBD ED unpermitted accessory ACCESSORY dwelling units that cannot DWELLING comply with current zoning UNITS standards. ORDINANCE 1101 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC NAME •UNCIL'S WORK AMENDS GENERAL COMMENTSHOURS PLAN/DIRECTION? PLAN (GPA)/L• COASTAL Ak OLA6...mmili (LCPA)/ZONING CODE (ZA)? = 9. ENTERTAIN Yes Yes Ordinance to regulate TBD Staff time Yes TBD MENT entertainment activities open ORDINANCE to the public. 10. CARDIFF No Yes Modify Municipal Code to TBD TBD TBD TBD TWINHOME allow zero lot lines in Cardiff LOT R15 zones. VARIANCE REQUESTS 11. BLUFF No TBD Create a more robust method TBD TBD TBD TBD DETERMINA to make bluff determinations. TION PROCEDURE * Excludes Coastal Commission LCPA process 17 DocuSign Envelope ID: F8C8CE13-0723-4FF8-BC43-AC1CCDFEDAEC City's General Plan Elements General Plan Element' Suggested Timing of Comprehensive Update Comprehensive Update Underway or Coming Soon Focused Amendments Underway Leveraged Comprehensive Update Possible Soon Future Update Housing 2029 • Recreation TBD • Land Use TBD • Mobility/Circulation 2022-2023 • Resource Management3,4 TBD • Public Safety4 2022 • Noise TBD • 1. A Local Coastal Program is required for areas in the Coastal Zone; includes portions of the City's General Plan and the Municipal Code 2. The Recreation Element is not mandated by the State, but is a common optional element 3. Both the State -mandated Conservation and Open Space Elements are part of the City's Resource Management Element 4. Government Code Section 65302 requires the Resource Management (conservation element) and Public Safety Elements be updated after the Housing Element Other common or State -suggested optional elements or themes include Economic Development; Healthy Communities; Social Equity, Environmental Justice and Community Resilience; Climate Change F11:3