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2017-06-27 ZONING ADMINISTRATOR Kerry Kusiak City of Encinitas Principal Planner Zoning Administrative Hearing MINUTES CLERK Linda Theriault Tuesday, June 27, 2017 5 p.m. planning@encinitasca.gov Poinsettia Room 760-633-2710 505 South Vulcan Avenue Encinitas, California 92024 The Planning & Building Department welcomes you and encourages your continued interest and involvement in the decision-making process. 1. CALL TO ORDER (5:00PM) 2. PLEDGE OF ALLEGIANCE (5:01PM) 3. ORAL COMMUNICATIONS (5:01PM) NONE 4. REGULAR AGENDA A. PROJECT NAME: Wong and Clark Addition CASE NO.: 16-114 CDP FILING DATE: May 17, 2016 APPLICANT: Mike Clark LOCATION : 831 Neptune Avenue (APN 256-012-06) PROJECT DESCRIPTION: A Coastal Development Permit for a new second-story addition to an existing single-family home, remodel, and a new detached accessory structure. The property is located within the Residential (R-11) Zone and Appeal Jurisdiction of the California Coastal Commission within the Coastal Zone. ENVIRONMENTAL STATUS : The project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). STAFF CONTACT: J. Dichoso, 760-633-2681, jdichoso@encinitasca.gov (5:02PM) STAFF REPORT PRESENTED BY PRINCIPAL PLANNER KERRY KUSIAK (5:02PM) NO SPEAKERS (5:02PM) NO ADDITIONAL DISCUSSION/QUESTIONS B. PROJECT NAME: Breen Addition CASE NO.: 17-036 CDP FILING DATE: February 27, 2017 APPLICANT: Ian Breen LOCATION : 1487 Neptune Avenue (APN 254-055-26) PROJECT DESCRIPTION: A Coastal Development Permit for a new second-story addition to an existing single-family home. The property is located within the Residential (R-11) Zone and Appeal Jurisdiction of the California Coastal Commission within the Coastal Zone. ENVIRONMENTAL STATUS : The project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). STAFF CONTACT: J. Dichoso, 760-633-2681, jdichoso@encinitasca.gov (5:03PM) STAFF REPORT PRESENTED BY PRINCIPAL PLANNER KERRY KUSIAK (5:04PM) NO SPEAKERS (5:04PM) NO ADDITIONAL DISCUSSION/QUESTIONS C. PROJECT NAME: Lux Agriculture Permit CASE N/o,: 17-045 AG/CDP FILING DATE: March 28, 2017 APPLICANT: John Lux LOCATION: 1732 Crest Drive (APN 262-031-09) PROJECT DESCRIPTION: An Agriculture Permit and Coastal Development Permit for the commercial production of macadamia nuts from existing trees on the subject site and to meet eligibility requirements to receive agricultural water rates from the San Dieguito Water District. ENVIRONMENTAL STATUS : The project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). STAFF CONTACT: Laurie Winter (760) 633-2717 or lwinter@encinitasca.gov (5:04PM) STAFF REPORT PRESENTED BY PRINCIPAL PLANNER KERRY KUSIAK (5:04PM) NO SPEAKERS (5:05PM) NO ADDITIONAL DISCUSSION/QUESTIONS 5. ADJOURNMENT (5:05PM) PROCEDURES FOR ADDRESSING THE ZONING ADMINISTRATOR ORAL COMMUNICATIONS FOR MATTERS NOT ON THE AGENDA: Thirty (30) minutes are set aside at each meeting for citizens who wish to address an issue not on the agenda. The purpose of oral communications is to bring to the attention of the Zoning Administrator a matter or matters which do not appear on the agenda. Remarks shall be addressed to the Zoning Administrator/Secretary and not to any staff or the public. State law prohibits Zoning Administrator action on non-agenda items because the public would be unaware prior to the meeting of any potential action. If needed, Oral Communication items will be referred to the Planning and Building Department either for resolution by administrative action. Each speaker is allowed three (3) minutes. Time donations are not permitted during Oral Communications. Please submit a “WHITE” speaker slip to the secretary. Speaker Slips will be accepted no earlier than 30 minutes before the start of the meeting. REGULAR AGENDA ITEMS: To speak on any item listed on the agenda (other than Oral Communications), please submit a “PINK” speaker slip to the Clerk. In addition, a person in attendance who wishes to register support or opposition to a recommended action without speaking may do so by completing a “PINK” speaker slip and checking the appropriate box and the box “but do not wish to speak”. Each speaker is allowed three (3) minutes to address the Secretary and staff. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. Speaker Slips will be accepted no earlier than 30 minutes before the start of the meeting. VISUAL MATERIALS FOR ZONING ADMINISTRATIVE HEARINGS: To ensure that the City meets your needs, all presentation materials which require the use of visual equipment need to be submitted to the City’s IT Division no later than 4:30 p.m. on the day of the actual meeting. This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel), audio and visual CDs, DVDs, and USB thumb/flash drives. All materials must be in PC format. Please label all materials with the agenda item number you are representing. We prefer that digital presentation items be emailed to helpdesk@encinitasca.gov at least 24 hours in advance of the meeting. Should technical assistance be necessary, it will be available to presenters from 4:30 p.m. to 4:50 p.m. on the day of the meeting. Presentation of video/digital/photographs is considered part of the maximum time limit provided to speakers. KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT LAWS Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City exist to conduct the people’s business. For more information on your rights under the Brown Act and other State laws, visit the City’s webpage at http://www.encinitasca.gov/index.aspx?page=6 for more information. Any writings or documents provided to the Planning & Building Department regarding an item on this agenda received after the posting of the agenda and prior to the meeting will be made available for public inspection in the City Hall Planning and Building Department lobby during normal business hours. The above mentioned agency is an equal opportunity public entity and does not discriminate on the basis of race, color, ethnic origin, national origin, sex, religion, veteran’s status or physical or mental disability in employment or the provision of service. In compliance with the Americans with Disabilities Act/Section 504 Rehabilitation Act of 1973 if you need special assistance to participate in these meetings, please contact the Planning & Building Department at 760-633- 2710. APPEALS Final actions by the Planning & Building Department may be appealed to the City Council accompanied by the required filing fee within 15 calendar days (10 days for maps) by 5:00 p.m. The actions are not final until the end of the appeal period, or if appealed, the end of City Council reviews. Under California Government Code Section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Encinitas at, or prior to, the public hearing. Items 4A, 4B and 4C are located in the Coastal Zone and require issuance of a Coastal Development Permit (CDP). The action of the Development Services Department on Items 4A and 4B may be appealed to the California Coastal Commission. The action of the Development Services Department on Item 4C may not be appealed to the California Coastal Commission.