2022-14 (EG)DocuSign Envelope ID: A851`4132B-1`51`041 DF-Al5A-51 D59A3F4C67
RESOLUTION NO. 2022-14
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
DENYING A DENSITY BONUS, DESIGN REVIEW PERMIT, BOUNDARY
ADJUSTMENT, USE PERMIT MODIFICATION AND COASTAL DEVELOPMENT
PERMIT TO DEMOLISH ALL EXISTING RESIDENCES, GREENHOUSES AND
ACCESSORY STRUCTURES, CONSTRUCT 199 RESIDENTIAL UNITS,
INCLUDING GRADING/SITE/LANDSCAPING IMPROVEMENTS AND A
TEMPORARY CONSTRUCTION TRAILER, AND RELINQUISH PREVIOUS
ENTITLEMENTS FOR CASE NO. 14-183 MIN/ADR/CDP
(CASE NOS. MULTI-004609-2021, DR-004610-2021; BADJ-004611-2021,
CDPNF-004612-2021 and USE-005506-2022; APNS: 256-171-13, 256-141-14,
256-171-15, 256-171-20, 256-171-21 and 256-171-24)
WHEREAS, Western National Properties, submitted an application for a Density Bonus,
Design Review Permit, Minor Use Permit Modification, Boundary Adjustment and Coastal
Development Permit to demolish two residences, greenhouses and accessory structures and
construct 199 multi -family residential units, utilizing the state density bonus law; and
WHEREAS, the application includes a request for a density bonus, parking reduction and
six waivers under the provisions of state density bonus law (Government Code Section 65915)
and the City's density bonus ordinance (Encinitas Municipal Code Section 30.16.020C);
WHEREAS, the Planning Commission conducted duly and properly noticed public hearing
on August 4, 2022;
WHEREAS, the Planning Commission has duly considered all evidence submitted into
the record, including but not limited to public testimony and the evaluations, maps and exhibits,
and recommendations by staff, presented at said hearings; and
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
DENIES Case No. MULTI-004609-2021, DR-004610-2021, USE-005506-2022, BADJ-004611-
2021 and CDPNF-004612-2021 based on the following Findings:
a. The Planning Commission finds the project is proposing a Boundary Adjustment with
four lots consolidated and six overall existing lots, which is considered a subdivision,
and therefore subject to CEQA and environmental analysis with an EIR.
b. The Planning Commission finds community outreach was inadequate for the project.
The public Citizen Participation Program (CPP) did not include a public notice in
Spanish.
Section 1. California Environmental Quality Act Determination
The project is exempt from environmental review under the California Environmental Quality Act
(CEQA) as provided in Government Code Section 65583.2(i). The project has also been
determined to be exempt from environmental review pursuant to CEQA Guidelines Section
15270, which exempts projects that are rejected or disapproved by a public agency.
Section 2. Recitals.
DocuSign Envelope ID: A85F4B2B-F5F0-41 DF-Al5A-51 D59A3F4C67
The recitals above are each incorporated by reference and adopted as findings by the Planning
Commission.
PASSED AND ADOPTED this 4h day of August, 2022 by the following vote, to wit:
AYES: Doyle, Dalton, Sherod & Ryan
NOES: None
ABSTAIN: None DocuSignedby:
ABSENT: Prendergast )vim
Kevin oy e, Chair
la rh
ATTEST:
1DocuSigned by:
Qla.ln.A. (,6"U.SS1
Anna Colamussi
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.