City of Encinitas Planning Commission DRAFT MINUTES

PLANNING COMMISSIONERS Michael Glenn O Grady, Chair Tony Brandenburg, Vice Chair Rubén Flores Greg Drakos Tasha Boerner Horvath SECRETARY Manjeet Ranu, AICP Acting Director of Planning & Building ATTORNEY Greg Lusitana Assistant City Attorney City of Encinitas Planning Commission DRAFT MINUTES Thursday, February 18, 2016 6:00 p.m. City Council Chambers 505 South Vulcan Avenue Encinitas, California 92024 A copy of the Planning Commission meeting packet may be viewed by the public in the Planning and Building Department lobby and on the City s webpage at www.ci.encinitas.ca.us/index.aspx?page=50. The Commission welcomes you and encourages your continued interest and involvement in the decision-making process. 1. CALL TO ORDER AT 6:01PM CLERK Deana Gay planning@encinitasca.gov 760-633-2710 2. ROLL CALL Present: Absent: Chair O Grady, Vice-Chair Brandenburg and Commissioners Boerner Horvath and Drakos. Commissioner Flores 3. PLEDGE OF ALLEGIANCE 4. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF None 5. CHANGES TO THE AGENDA None MARCH 10, 2016 ITEM 6A 1 of 16

6. CONSENT CALENDAR Name: Staff Contact: 6A Approval of Minutes for the Planning Commission meeting of January 21, 2016 Deana Gay, Planning Commission Clerk dgay@encinitasca.gov Name: Staff Contact: 6B Approval of Minutes for the Planning Commission meeting of February 4, 2016 Deana Gay, Planning Commission Clerk dgay@encinitasca.gov Project Name: Request: 6C Planning Commission meeting date change Reschedule first regular March Commission meeting Applicant: Representative: Planning and Building Department Deana Gay, Planning Commission Clerk Commission Meeting Date: February 18, 2016 MARCH 10, 2016 ITEM 6A 2 of 16

City Council Hearing Required? Report Approval: No Manjeet Ranu, AICP, Acting Director Recommended Actions: 1. Approve the regular meeting date change from March 3 to March 10, 2016 Project Name: Request: Discretionary Actions: CEQA Recommendation: 6D Chang Residence Construction of a new single-family residence with a detached garage on a vacant lot. Coastal Development Permit (CDP) Exempt Project Number: Location: Community: 15-187 CDP 1555 Crest Drive Cardiff-by-the-Sea APN: 262-023-24 Applicant: Representative: Project Planner: Frank Chang Jesse Leon, KL Drafting and Design Andrew Maynard, Associate Planner, amaynard@encinitasca.gov Commission Meeting Date: February 18, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Scott Vurbeff, Environmental Coordinator Manjeet Ranu, AICP, Acting Director 1. Conduct the public hearing; and MARCH 10, 2016 ITEM 6A 3 of 16

2. Adopt the resolution approving the project, subject to conditions. Project Name: Request: Discretionary Actions: CEQA Recommendation: 6E Chiu/Kennedy Residence Remodel the exterior façade of an existing single-story duplex and construct a new first and second story addition Design Review Permit (DR) Coastal Development Permit (CDP) Exempt Project Number: Location: Community: 15-178 DR/CDP 576-578 Hermes Avenue Leucadia APN: 256-090-23 Applicant: Representative: Project Planner: Shangwen Chiu and Michael Kennedy G4W Consulting, Inc. Todd Mierau, Associate Planner, tmierau@encinitasca.gov Commission Meeting Date: February 18, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Roy Sapa u, Senior Planner Manjeet Ranu, AICP, Acting Director 1. Conduct the public hearing; and 2. Adopt the resolution APPROVING the project, subject to conditions MARCH 10, 2016 ITEM 6A 4 of 16

On MOTION by O Grady, SECONDED by Brandenburg, the CONSENT CALENDAR was D, with Item 6F removed. VOTE: 4-0 7. ITEMS REMOVED FROM THE CONSENT CALENDAR Project Name: Request: Discretionary Actions: CEQA Recommendation: Project Number: Location: Community: 6F Leucadia Shell Demolish and existing mini-mart and auto-service shop and replace with a marketplace, car wash, vacuums and an additional gas dispenser. Major Use Permit (MUP) Design Review Permit (DR) Parcel Map Waiver (PMW) Coastal Development Permit (CDP) Exempt DENY 15-018 MUP/DR/PMW/CDP 865 Orpheus Avenue Leucadia APN: 256-121-29 & -34 Applicant: Representative: Project Planner: S&L Oil, Inc. Gary Engineering Anna Yentile, Associate Planner, ayentile@encinitasca.gov Commission Meeting Date: February 18, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Roy Sapa u, Senior Planner Manjeet Ranu, AICP, Acting Director 1. Adopt the resolution to deny the project, with findings. MARCH 10, 2016 ITEM 6A 5 of 16

Action: Changes to the Resolution: Notes: Public Testimony: On MOTION by Brandenburg, SECONDED by Drakos, the ADOPTION OF THE RESOLUTION OF DENIAL FOR CASE #15-018 MUP/DR/PMW/CDP was D. VOTE: 3-0 RECUSE: Boerner Horvath None Findings could be made for all discretionary actions, except the Parcel Map Waiver. However, as a single project, denial of any one discretionary action denies the entire project. Findings for denial were made for three of the four discretionary actions. Therefore, the project was denied. SPEAKERS: 5 in support of the denial Susan Turney (requested that Parcel Map Waiver be expressly denied), Alex Mrazek, Ken Bayer, David Malmberg and Gia Quiroga spoke in favor of the recommended action The applicant, Ravi Gupta, turned in a speaker slip but declined to speak. 8. REGULAR AGENDA Project Name: Request: Discretionary Actions: CEQA Recommendation: 8A Laurel Cove Nine-Lot Density Bonus residential subdivision (with waiver requests for minimum lot size, minimum lot dimensions, front and side yard setbacks, and lot coverage), and construction of nine new single-family homes with associated site improvements. Tentative Map Density Bonus (TMDB) Design Review Permit (DR) Coastal Development Permit (CDP) Mitigated Negative Declaration (MND) MARCH 10, 2016 ITEM 6A 6 of 16

Project Number: Location: Community: 13-267 TMDB/DR/CDP/MND 720 Balour Drive Old Encinitas APN: 259-101-22 and 259-101-23 Applicant: Representative: Project Planner: SanandradeM 2014, LLC. Michael Vairin, Melia Homes Katie Innes, Associate Planner, kinnes@encinitasca.gov Commission Meeting Date: February 18, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Roy Sapa u, Senior Planner Manjeet Ranu, AICP, Acting Director 1. Open the CONTINUED public hearing; and 2. Adopt the resolution APPROVING the Mitigated Negative Declaration and project, subject to conditions. Action: On MOTION by Drakos, SECONDED by Brandenburg, CASE #13-267 TMDB/DR/CDP/MND was D with a modification to condition SC14 to require that the applicant work with Planning staff to provide more variation in the plant palette for the landscape buffer located on the south side of the site. VOTE: 4-0 Changes to the Resolution: Notes: Modify condition SC14 to require that the applicant work with Planning staff to require that the applicant work with Planning staff to provide more variation in the plant palette for the landscape buffer located on the south side of the site. Commission expressed appreciation for meaningful neighborhood input and the responsiveness of the applicant in making changes. MARCH 10, 2016 ITEM 6A 7 of 16

Public Testimony: SPEAKERS: 2 in support Michael Vairin and Kris Stewart spoke in favor of the recommended action. 2 in opposition Kathleen Lees and Susan Yamagata spoke in opposition to the recommended action. 1 Neutral Father Brian Corcoran spoke Project Name: Request: Discretionary Actions: CEQA Recommendation: 8B Encinitas Enclave (Phases I, II & III) Construct 19 new single-family homes and associated grading, landscape and site improvements in three phases. Design Review Permit (DR) Coastal Development Permit (CDP) Exempt Project Number: 15-134 DR/CDP (Phase I) 15-133 DR/CDP (Phase II) 15-179 DR/CDP (Phase III) Location: 1310 Berryman Canyon Drive (Phase I) 1260, 1264, 1268 & 1272 Berryman Canyon Drive (Phase II) Addresses yet to be assigned for Phase III Community: New Encinitas APN: 262-080-21; 22; 23 and 24 (Phase I) 262-080-32; 33; 34; 35 (Phase II) 262-080-03 (Phase III) Applicant: Representative: Project Planner: Development Solutions Enclave, LLC. Sean Kilkenny, Davidson Communities Tim O Grady, Davidson Communities Katie Innes, Associate Planner kinnes@encinitasca.gov MARCH 10, 2016 ITEM 6A 8 of 16

Commission Meeting Date: February 18, 2016 City Council Hearing Required? Report Approval: Recommended Actions: Action: Changes to the Resolutions: Notes: Public Testimony: No Roy Sapa u, Senior Planner Manjeet Ranu, AICP, Acting Director 1. Open the CONTINUED public hearing; and 2. Adopt three separate resolutions APPROVING each phase, subject to conditions. On MOTION by Brandenburg, SECONDED by Drakos, CASE #s15-134 DR/CDP (Phase I),15-133 DR/CDP (Phase II), and 15-179 DR/CDP (Phase III) were D. VOTE: 4-0 None None SPEAKERS: 1 speaker neutral Mary Pund (asked lighting not diminish the dark sky of this area) Project Name: Request: Discretionary Actions: CEQA Recommendation: 8C San Diego Botanic Garden Dickinson Family Education Pavilion Construction of a new multipurpose conservatory building with outdoor patio area, off-site parking lot improvements for special events and associated site improvements Minor Use Permit (MIN) Design Review Permit (DR) Coastal Development Permit (CDP) Exempt MARCH 10, 2016 ITEM 6A 9 of 16

Project Number: Location: Community: 13-153 MIN/DR/CDP 300 & 450 Quail Gardens Drive Leucadia APN: 254-663-03 & -07 Applicant: Representative: Project Planner: San Diego Botanic Garden John Pyjar, project architect Roy Sapa u, Senior Planner rsapau@encinitasca.gov Commission Meeting Date: February 18, 2016 City Council Hearing Required? No Report Approval: Recommended Actions: Manjeet Ranu, AICP, Acting Director 1. Conduct the public hearing; and 2. Adopt the attached resolution APPROVING the project, subject to conditions. Action: Changes to the Resolution: Notes: Public Testimony: On MOTION by Drakos, SECONDED by Boerner Horvath, CASE #13-153 MIN/DR/CDP was D with the addition CONDITION REQUIRING A PARKING AND TRAFFIC MANAGEMENT PLAN. VOTE: 4-0 Added CONDITION requiring a parking and traffic management plan Commission s discussion was focused on concerns about special events traffic and noise SPEAKERS: 4 in support John Pyjar, Julian Duval, Rudy Struber and Jim Farley spoke in favor of the recommended action. 4 in opposition Thomas McIver, Glen Johnson, Leslie Smith and Mark Power spoke in opposition of the recommended action due MARCH 10, 2016 ITEM 6A 10 of 16

to concerns about special events traffic and noise. Cheryl Konn, Evelyn Weidner, Paul Redeker, Christina Struber, Michael Tillman and Jennifer Tillman registered in support of the recommended action but chose not to speak. Project Name: Request: Discretionary Actions: CEQA Recommendation: 8D Schiermeyer Residence Conversion of a multi-family property to a single-family residence use, an as-built addition and various interior and exterior improvements. Coastal Development Permit (CDP) Exempt Project Number: Location: Community: 14-079 CDP 1420 Neptune Avenue Leucadia APN: 254-210-05 Applicant: Representative: Project Planner: Eric Schiermeyer Craig Lewis Andrew Maynard, Associate Planner, amaynard@encinitasca.gov Commission Meeting Date: February 18, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Scott Vurbeff, Environmental Coordinator Manjeet Ranu, AICP, Acting Director 1. Conduct continued the public hearing; and 2. Adopt the resolution approving the project, subject to MARCH 10, 2016 ITEM 6A 11 of 16

conditions. Action: Changes to the Resolution: Notes: Public Testimony: On MOTION by Brandenburg, SECONDED by Drakos, CASE #14-079 CDP was D. VOTE: 4-0 None None SPEAKERS: 2 in support The applicants Craig Lewis and Jon Corn filled out speaker slips On MOTION by Boerner Horvath, SECONDED by Drakos, to CONTINUE the meeting past 10pm to 10:30. VOTE: 3-1 NOES: Brandenburg 9. FUTURE AGENDA ITEMS ADDED BY PLANNING COMMISSIONERS Boerner Horvath asked that the community character study guidelines be presented for commission feedback; Commission and staff agreed 10. PLANNING COMMISSION AND DIRECTOR REPORTS Commission Chair report out on Urban Agriculture Committee Members Meeting with City Manager and Staff February 9 Issued the Commission raised in providing direction to the Chair on January 21 were conveyed to Committee members and City Manager Chair will set a special meeting solely devoted to Urban Ag (scheduled for March 31) Staff will propose a simplified version of the draft ordinance that focuses on streamlined processes rather than entirely new regulations, along with new regulations for certain items which could achieve consensus Planning Commission Director s Report 18 February 2016 Annual Report and Work Plan o 24 February Council presentation Council o City Council adopted its work plan o Mediation ordinance in effect o Bradley Merchant appealed o Defend density bonus litigation MARCH 10, 2016 ITEM 6A 12 of 16

o Remaining Public Process discussion for At Home in Encinitas 24 February Council agenda Open items for follow up: o Provide an overview of how noise studies are conducted o Other training topics o Cannot undertake these until later in the year Commissioners were asked about how they liked the ipads for this first meeting using them Next meeting: 10 March 11. ADJOURNMENT Adjourn to the regular meeting on March 10, 2016. 10:14PM PROCEDURES FOR ADDRESSING THE COMMISSION 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 Planning Commission a matter or matters which do not appear on the agenda. Remarks shall be addressed to Planning Commission as a body and not to any member of the Planning Commission, staff or the public. State law prohibits Commission 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 or placement on a future agenda by the Mayor/Chair or at the request of at least two Planning Commissioners. Each speaker is allowed three (3) minutes to address the Planning Commission. 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. CONSENT CALENDAR ITEMS: Those matters which are considered routine by the Secretary shall be initially placed on the Consent Calendar. Before adopting the Consent Calendar, the Chair will ask members of the public and members of the Planning Commission whether anyone wishes to add an agenda item to the Consent Calendar or to remove a matter from the Consent Calendar. Any member of the public may remove an item from the Consent Calendar by submitting a PINK speaker slip to the Commission Secretary. The Planning Commission will then proceed with consideration of the remaining Consent Calendar. The Consent Calendar will be enacted upon with one motion, and the ordinances being read by title will be waived. There will be no separate discussion of these matters. Items pulled from the Consent Calendar will be considered immediately following adoption of the remaining Consent Calendar, and staff reports will only be given if requested by the person who MARCH 10, 2016 ITEM 6A 13 of 16

pulled the item. Each speaker is allowed three (3) minutes to address the Planning Commission. A maximum of two time donations per speaker is allowed (no more than 9 minutes total). Please submit a PINK speaker slip to the Commission Secretary. Speaker Slips will be accepted no earlier than 30 minutes before the start of the meeting. REGULAR AGENDA ITEMS: To speak on items listed on the agenda (other than Oral Communications), please submit a PINK speaker slip to the Commission Secretary. 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 Planning Commission. 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 PLANNING COMMISSION MEETINGS: To ensure that the City meets your needs when addressing the Planning Commission, all presentation materials which require the use of visual equipment need to be submitted to the City s IT Division no later than 5:30 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 (except for appeal hearings where materials must be submitted 7 days in advance). Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 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.ci.encinitas.ca.us/index.aspx?page=6 for more information. Any writings or documents provided to a majority of the Planning Commission regarding any 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. MARCH 10, 2016 ITEM 6A 14 of 16

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 Commission Clerk at 760-633-2710. BROADCASTING OF MEETINGS Live broadcasting of the Encinitas Planning Commission meetings will be transmitted for each regularly scheduled meeting, which are held on the first and third Thursdays of each month beginning at 6:00 p.m. on Channel 19 on Cox Communications, and Channel 24 on Time Warner Cable. It will also be broadcast on AT&T U-Verse Channel 99, Program Name: City of Encinitas Broadcasts live on the Thursday evening of the Planning Commission meeting. The Planning Commission meetings are also broadcasted live via the Internet on our webpage at http://www.ci.encinitas.ca.us/index.aspx?page=100. Past meetings will also be archived for viewing via the internet. REGULAR MEETING SCHEDULE AND TIME LIMITS The Commission s regular meetings are scheduled for every first and third Thursday, beginning at 6 p.m. in the Encinitas Council Chamber. Special meetings may be called as needed, pursuant to the Government Code and Brown Act. The Commission must move to extend the meeting beyond 10 p.m. At midnight, the meeting will be adjourned to the next meeting; no Planning Commission meeting may extend past midnight. APPEALS Final action by the Planning Commission 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 6D, 6E, 6F, 8A, 8B, 8C, and 8D are located in the Coastal Zone and require the issuance of a Coastal Development Permit (CDP). The action of the Planning MARCH 10, 2016 ITEM 6A 15 of 16

Commission relative to Items 6D, 6E, 6F, 8A and 8B Phases I (15-134) and III (15-179) may be not be appealed to the California Coastal Commission. Items 8B Phase II (15-133), 8C and 8D may be appealed to the California Coastal Commission. MARCH 10, 2016 ITEM 6A 16 of 16