PLANNING COMMISSIONERS Michael Glenn O Grady, Chair Tony Brandenburg, Vice Chair Greg Drakos Tasha Boerner Horvath Al Apuzzo SECRETARY Roy Sapa u Senior Planner City of Encinitas Planning Commission MINUTES Thursday, November 17, 2016 6 p.m. City Council Chambers 505 South Vulcan Avenue Encinitas, California 92024 ATTORNEY Greg Lusitana Assistant City Attorney CLERK Deana Gay planning@encinitasca.gov 760-633-2710 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 2. ROLL CALL PRESENT: CHAIR GLENN O GRADY, VICE-CHAIR TONY BRANDENBURG AND COMMISSIONERS TASHA BOERNER HORVATH AND AL APUZZO ABSENT: COMMISSIONER DRAKOS 3. PLEDGE OF ALLEGIANCE 4. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF 5. CHANGES TO THE AGENDA 6. CONSENT CALENDAR Agenda Item: Name: 6A Approval of Minutes for the Planning Commission meeting of August 18, 2016 JANUARY 19, 2017 ITEM 6A 1 of 10
Staff Contact: Deana Gay, Planning Commission Clerk dgay@encinitasca.gov STAFF RECOMMENDATION: APPROVE Agenda Item: 6B Project Name: Final Parcel Map 15-153 Request: Approval of Final Parcel Map for Case No. 15-153 TPM/DR/CDP Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: Final Parcel Map (PM) Exempt APPROVE Project Number: Location: Community: 15-153 PM 141 W Leucadia Blvd. Leucadia APN: 256-012-15 Applicant: Representative: Staff Contact: RREG Investment Series I018 Kevin Dunn Jesse Owens, jowens@encinitasca.gov Commission Meeting Date: November 17, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Edward Deane Roy Sapa u, Senior Planner 1. Conduct the public hearing; and 2. Approve the Final Parcel Map Agenda Item: Project Name: 6C Biergarden Front Outdoor Patio Errata Resolution JANUARY 19, 2017 ITEM 6A 2 of 10
Request: Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: Errata Resolution correcting an error in previous Planning Commission Resolution No. 2016-18. Minor Use Permit Modification (MINMOD) Design Review Permit (DR) Coastal Development Permit (CDP) Exempt APPROVE Project Number: 15-079 MINMOD/DR/CDP Location: 641 South Coast Highway 101 Community: Old Encinitas APN: 258-161-10 Applicant: Representative: Project Planner: The Bier Garden, Inc. David Creviston and Gabriel Caceres Todd Mierau, Associate Planner tmierau@encinitasca.gov Commission Meeting Date: November 17, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Roy Sapa u, Senior Planner 1. Conduct the public hearing; and 2. Adopt the Errata Resolution On MOTION by Boerner Horvath, SECONED by Brandenburg, the CONSENT CALEDAR was APPROVED. VOTE: 4-0 7. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. REGULAR AGENDA Agenda Item: Project Name: Request: 8A O Brien/Mobile Station Car Wash Addition A new automated car wash facility, reducing the service JANUARY 19, 2017 ITEM 6A 3 of 10
bays from three to two, and construction of interior improvements to an existing gas station, with site/parking improvements. Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: Major Use Permit Modification (MUPMOD) Design Review Permit (DR) Coastal Development Permit (CDP) Exempt APPROVE Project Number: Location: Community: 15-235 MUPMOD/DR/CDP 310 Encinitas Boulevard Old Encinitas APN: 258-111-41 Applicant: Representative: Project Planner: Linda O Brien Paris Hagman, Hagman & Associates J. Dichoso, Associate Planner, jdichoso@encinitasca.gov Commission Meeting Date: November 17, 2016 City Council Hearing Required? Report Approval: Recommended Actions: Action: No Scott Vurbeff, Environmental Manager Roy Sapa u, Senior Planner 1. Conduct the public hearing; and 2. Adopt the resolution approving the project, subject to conditions. On MOTION by O Grady, SECONDED Brandenburg, CASE#15-235 MUPMOD/DR/CDP was APPROVED. VOTE: 4-0 Changes to the Resolution: Notes: None None JANUARY 19, 2017 ITEM 6A 4 of 10
Agenda Item: Project Name: Request: Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: 8B Jason Street Beach Homes Demolition of an existing residence and the construction of four detached residential condominium dwelling units on one legal lot. Tentative Parcel Map (TPM) Design Review Permit (DR) Coastal Development Permit (CDP) Exempt APPROVE Project Number: Location: Community: 16-075 TPM/DR/CDP 130 West Jason Street Leucadia APN: 254-222-13 Applicant: Representative: Project Planner: Richard A. Hill Rincon Homes, Inc. Andrew Maynard, Associate Planner, amaynard@encinitasca.gov Commission Meeting Date: November 17, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Scott Vurbeff, Environmental Coordinator Roy Sapa u, Senior Planner 1. Conduct the public hearing; and 2. Adopt the resolution approving the project, subject to conditions. Action: On MOTION by Apuzzo, SECONDED by Boerner Horvath, CASE#16-075 TPM/DR/CDP was APPROVED. VOTE: 4-0 JANUARY 19, 2017 ITEM 6A 5 of 10
Changes to the Resolution: Notes: None None 1 in support Kevin Dunn (applicant) and Les Reed (Geotechnical Engineer) spoke in favor of the recommended action. 3 in opposition/concerns L. Brebrick (concerns), Mat Vest and Bill Brebrick spoke in opposition of the recommended action. Agenda Item: Project Name: Request: Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: 8C Coastal Mobility and Livability Study Identify Existing Conditions and Issues & Opportunities N/A N/A Provide input on the Coastal Mobility and Livability Study. Project Number: 16-176 Location: Community: APN: City-Wide/Coastal Corridor City-Wide N/A Applicant: Representative: Project Planner: City of Encinitas City of Encinitas Andrew Maynard, Associate Planner, amaynard@encinitasca.gov Anna Yentile, Associate Planner, ayentile@encinitasca.gov Commission Meeting Date: November 17, 2016 City Council Hearing Required? No JANUARY 19, 2017 ITEM 6A 6 of 10
Report Approval: Recommended Actions: Roy Sapa u, Senior Planner 1. Provide input on the Coastal Mobility and Livability Study. See attachment PC-1. 9. FUTURE AGENDA ITEMS ADDED BY PLANNING COMMISSIONERS 10. PLANNING COMMISSION AND DIRECTOR REPORTS Congratulations to Tasha Boerner Horvath for her City Council appointment Beacons Development Commission approved. The Case was appealed and City Council denied the appeal. Council authorized Omnibus Code clean up Manjeet Ranu is no longer at the City of Encinitas. 11. Adjournment 8:48PM Adjourn to the Regular Planning Commission meeting on December 1, 2016. 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 JANUARY 19, 2017 ITEM 6A 7 of 10
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 pulled the item. Each speaker is allowed three 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 JANUARY 19, 2017 ITEM 6A 8 of 10
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 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 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. JANUARY 19, 2017 ITEM 6A 9 of 10
Items 6C, 8A and 8B are located in the Coastal Zone and require the issuance of a Coastal Development Permit (CDP). The action of the Planning Commission relative to Items 6C, 8A and 8B may not be appealed to the California Coastal Commission. JANUARY 19, 2017 ITEM 6A 10 of 10