2023-12-21 Minutes1
MINUTES OF THE ENCINITAS PLANNING COMMISSION HEARING
DECEMBER 21, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER AT 6:01 PM
2. ROLL CALL
Present: Chair Doyle, Vice-Chair Dalton and Commissioners Prendergast, Ryan and
Sherod
3. PLEDGE OF ALLEGIANCE
4. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
None
5. CHANGES TO THE AGENDA
None
6. CONSENT CALENDAR
6A. APPROVAL OF MINUTES for the December 7, 2023, Planning Commission meeting.
STAFF CONTACT: Deana Gay, Planning Commission Clerk
Recommended Action: Staff recommends approval.
Dalton MOVED, Sherod SECONDED to APPROVE THE CONSENT
CALENDAR.
Ayes: Dalton, Doyle, Prendergast, Ryan Sherod
Nays: None
Absent: None
7. ITEMS REMOVED FROM THE CONSENT CALENDAR
6B. PROJECT NAME: La Costa 48 Final Map; CASE NUMBER: SUBC-004758-2021;
FILING DATE: August 12, 2021; APPLICANT: Toll Brothers; LOCATION: 510, 512 and
514 La Costa Avenue DESCRIPTION: Public hearing to consider approval of the
recordation of the Final Map which has been reviewed and found to be consistent with
the previously approved Tentative Map.
STAFF CONTACT: Michael Strizic, Principal Engineer: (760) 633-2867 or
mstrizic@encinitasca.gov
Recommended Action: Staff recommends approval.
Speakers:
David Hill
Doyle MOVED, Dalton SECONDED to APPROVE Case# SUBC-004758-2021.
Ayes: Dalton, Doyle, Prendergast, Ryan Sherod
Nays: None
Absent: None
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8. REGULAR AGENDA - ACTION ITEMS
8A. PROJECT NAME: Burtech Density Bonus/Mixed-Use; CASE NUMBERS: MULTI-
004198-2020, SUB-004200-2020, DR-004201-2020, USE-004866-2021, and CDPNF-
004203-2020; FILING DATE: November 23, 2020; APPLICANT: Dominic Burtech;
LOCATION: 102 Second Street (APNs 258-031-12 and 15) and 118 Second Street
(APN 258-031-11); PROJECT DESCRIPTION: Public hearing to consider a Density
Bonus (DB) Tentative Map (TM), Design Review Permit (DR), Major Use Permit (MUP),
and Coastal Development Permit (CDP), for the demolition of all existing structures;
and construction of a new mixed-use condominium development within one two-story
building consisting of 16 for-sale residential units (13 market rate and three affordable
units), two commercial units (a winery with an ABC Type 02 and 47 Licenses), the
residential floor area exceeding 50 percent of the gross building floor area, and site
grading, utilities, and landscaping; ZONING/OVERLAY: The project site is located
within the North 101 Corridor Specific Plan-Commercial Mixed-3 (N-CM-3) Zone and in
the Coastal Overlay Zone; ENVIRONMENTAL STATUS: The project has been
determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15332 – In-fill Development
Projects, which exempts projects characterized as in-fill development meeting criteria.
In addition, the project does not qualify for any of the exceptions to the exemption
prescribed under Section 15300.2 of the CEQA Guidelines.
STAFF CONTACT: J. Dichoso, AICP, Senior Planner, jdichoso@encinitasca.gov or
760-633-2681
Recommended Action: Staff recommends approval.
Speakers:
Jim Sikora
Pelin Karakas
Dave Morrin
Warren Goldberg
Prendergast MOVED, Dalton SECONDED to APPROVE Case MULTI-004198-2020,
SUB-004200-2020, DR-004201-2020, USE-004866-2021, and CDPNF-004203-2020
Ayes: Dalton, Doyle, Prendergast, Ryan Sherod
Nays: None
Absent: None
8B. PROJECT NAME: Sayer Residence; CASE NUMBER: MULTI-005446-2022, VRNC-
005448-2022, CDP-005447-2022; FILING DATE: June 1, 2022; APPLICANT: Diane
Langager, Diane Langager Consulting; LOCATION: 246 5th Street (258-042-25);
PROJECT DESCRIPTION: Public hearing to seek Planning Commission guidance
regarding variance findings specific to a request to reduce a front yard setback from 20
feet to 15 feet -4 inches on the first floor and 13 feet -6 inches on the second floor with a
5-foot -6-inch architectural projection consisting of a balcony and trellis in order to
accommodate the demolition of an existing 3,513 square foot single-family residence to
construct a 6,338-square foot two-story single-family residence with a basement and
attached garage; ZONING/OVERLAY: Residential 11/ Coastal Zone, Coastal Bluff
Overlay, Special Study, Wetland Overlay; ENVIRONMENTAL STATUS: The project
has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15303(a) which exempts the
construction of a new single-family residence on a vacant lot;
STAFF CONTACT: Christina M. Bustamante, Title: Senior Planner (760) 943-2207 or
cbustamante@encinitasca.gov.
Recommended Action: Staff request guidance on variance findings.
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Speakers:
Fredrick Menslage
Charlene Bonney
Max Wilkerson
Guidance:
• Variance requests should only be made under unique circumstances.
• The determination was made that there are no special circumstances for this
particular property.
• Determined that the 40-foot setback is not a special circumstance, but a greater
setback may be in certain scenarios and that it is a matter of degree.
• The Planning Commission made it clear that there should not be any “horse
trading” when considering these requests.
• It is appropriate to look at home sizes and minimum lot sizes as reasoning for not
supporting a variance.
• Demolition and rebuild of homes should consider the parameters of the zone
knowing the constraints of the site.
• When structures have legal nonconforming setbacks on a single-story, new
construction second story setbacks should meet underlying zone setback.
• Existing legal nonconforming setbacks on other properties should not be
considered when reviewing a variance as it relates to special privileges of
surrounding properties.
• Simply wanting a large home is not a reason for approving a variance.
9. FUTURE AGENDA ITEMS ADDED BY PLANNING COMMISSIONERS
None
10. PLANNING COMMISSION REPORTS
• Chair Doyle stated he visited the Torrey Crest property on Melba. He made statements
regarding existing trees on the site stating many were dying. He did not believe the site
was a “forest” as stated by previous oral communications. He felt the project site could
accommodate density. He also stated that he will most likely not be on the commission
when the project is heard and that if by chance if he was, he would have to recuse himself.
11. SECRETARY REPORTS
• Announcement that Planning Commission seats are available and read the description
online regarding date deadlines and the requirement to be present at City Council
12. ADJOURNMENT
Adjourn to the regular Planning Commission meeting of January 18, 2024, at 9:32PM.