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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 23, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:03 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell, and Bruce Ehlers
Absent: Council Member Kellie Shay Hinze
Also present: City Manager Antil, City Attorney Preziosi, Development Services Director Sapa’u, Assistant Director of Development Services Colamussi, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Proclamation to Leslie Kulchin Saldana the outgoing San Dieguito Academy Foundation Executive Director.
Mayor Kranz presented the proclamation to Leslie Kulchin Saldana, outgoing San Dieguito Academy Foundation Executive Director. 4B. Presentation of Proclamation to Jennifer Haskett, North County Justice Allies Secretary declaring August 31, 2023, as Overdose Awareness Day.
Mayor Kranz presented the proclamation to Jennifer Haskett, North County Justice Allies Secretary.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Michael George spoke regarding Oak Crest Park.
Dolores Welty spoke regarding open space in Encinitas.
Ellen Burr spoke regarding various topics.
Teri Anne Skelly spoke regarding smoke free policies in the region.
James Bailey spoke regarding a fire on Clark Avenue.
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6. REPORT FROM CLOSED SESSION
No Closed Session Meeting was held.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to close and adopt the Consent Calendar.
Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None.
Absent: Hinze.
8A. Approval to waive the full reading of the text of all ordinances and resolutions introduced/adopted at this meeting. Ordinances and resolutions shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
8B. Approval of the Minutes of the August 9, 2023, Special-Closed Session Meeting, and August 9, 2023, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Acceptance of the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A). Contact Person: Senior Engineer Cabrera Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the payment bond in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond in full one (1) year after the recording of the Notice DocuSign Envelope ID: 06738E1A-F696-4B2D-84F1-44A502B64FE1
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of Completion; 4) Adopt City Council Resolution No. 2023-87, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A)” as complete to the satisfaction of the City.
8E. Award a Construction Contract for the Santa Fe Drive Corridor Improvements Project – Western Phase (CS19E). Contact Person:
Principal Engineer Widelski
Environmental Considerations: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Guidelines, which exempts projects characterized as minor alterations to existing public facilities, involving negligible or no expansion of the existing use. The types of existing facilities include public streets where sidewalks, bicycle lanes, pedestrian crossings other similar alterations are proposed but do not create additional automobile lanes.
Recommended Action: 1) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Tri-Group Construction Development, Inc., in the amount of $4,150,000 plus 15- percent contingency ($622,500) for a total not-to-exceed construction contract amount of $4,772,500 including any future contract amendments for construction of the Santa Fe Drive Corridor Improvements Project – Western Phase (CS19E); 2) Authorize the City Manager, or designee, to execute an agreement in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, with Kleinfelder Construction Services, Inc., for construction support on the Santa Fe Drive Corridor Improvements Project – Western Phase in the amount of $450,312 plus 15 percent contingency ($67,547) for a total not-to-exceed amount of $517,859; and 3) Adopt City Council Resolution No. 2023-101, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” to increase the Santa Fe Drive Corridor Improvements Project – Western Phase (CS19E) project budget by $3,090,000.
8F. Approval of agreement with ViaTRON Systems, Inc. to perform digitizing of paper files, microfiche aperture cards, 35MM fiche, and 16MM fiche images.
Contact Person: Senior Management Analyst Noel
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
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Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with ViaTRON Systems, Inc. for Laserfiche content management and business process automation, in substantial form, in an amount not to exceed $25,000 each year for a four-year term, with options to extend, upon mutual consent, for two (2) additional one-year terms. The total not to exceed agreement cost is $150,000 for the six-year term including the additional one-year terms. 8G. Designation of a voting delegate for the League of California Cities (LCC) Annual Conference, September 20-22, 2023. Contact Person: Executive Assistant Blease
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: City Council adopt Resolution 2023-104, titled “A Resolution of the City Council of the City of Encinitas, California, designating Council Member Blackwell as the City’s voting delegate at the League of California Cities Annual Conference to be held September 20- 22, 2023.”
8H. State of California Department of Recreation, Division of Boating and Waterways (DBW) Grant in the amount of $3,833,333 for the San Diego Shoreline Projection Project (WB16C) and Proposed Fiscal Year 2022-23 Budget Amendment. Contact: Coastal Zone Program Administrator Mierau Environmental Considerations: The current action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because the budget appropriation is not considered a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: The City Council to take the following actions: 1) Accept $3,833,333 in state grant funds from DBW for the San Diego Shoreline Projection Project (WB16C); and 2) Adopt City Council Resolution No. 2023-94, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2022-23 Adopted Budget”
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed from the Consent Calendar.
10. ACTION ITEMS
10A. Continued public hearing to consider a timely-filed appeal by Encinitas Community Collective of the Planning Commission’s approval of Lennar Homes of California, LLC’s Density Bonus, Design Review Permit, Condominium Tentative Map, and Coastal Development Permit for the construction of a 149-unit (134 market-rate units and 15 “very low” income affordable units) townhome community (for-sale units) consisting of 16 individual three-story residential buildings and one (1) amenity building. The project also includes site amenities and grading, hardscape, stormwater, and landscaping improvements for APPEAL-006297-2023; MULTI-005158- 2022; DR-005160-2022; SUB-005159-2022; SUB-005391-2022; and CDP- 005161-2022 located at the northeast corner of Piraeus Street and Plato Place; (APNs) 254-144-01 & 216-110-35. Contact Person: Assistant Director of Development Services Colamussi
Environmental Considerations: An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project.
In accordance with the California Environmental Quality Act (CEQA), the draft EIR was published for a 60-day public and agency review period on December 9, 2022 to February 6, 2023. Comments received during the public review period and corresponding responses are included in the Final EIR. Responses were received from one federal agency (U.S. Fish and Wildlife Service); two state agencies (California Department of Transportation (Caltrans); California Department of Fish and Wildlife (CDFW)); one organization (Encinitas Community Collective); and 49 individuals (several whom submitted multiple comment letters). Following the close of the public review period, one additional letter was received from an organization, and one additional letter was received from an individual.
Through the analysis provided in the EIR, it was determined that the project would result in the following significant impacts unless mitigation measures are incorporated to reduce the environmental impacts to less than significant levels, with the exception of transportation, which was determined to be significant and unavoidable:
• Air Quality
• Biological Resources
• Cultural Resources
• Geology/Soils (Paleontological Resources)
• Noise
• Tribal Cultural Resources
• Wildfire
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The impacts to air quality are associated with potential health risks to project residents due to Diesel Particulate Matter originating from proximity to Interstate 5. The impacts to biological resources are associated with direct and indirect impacts to species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. With respect to cultural resources and tribal/cultural resources and geology and soils, construction activity may impact potential historical, archaeological, and paleontological resources within the project area. The impacts to noise are associated with future residents’ exposure to Interstate 5. Impacts to wildfire activity were associated with potentially significant risk due to slope, prevailing winds, and other factors.
For all the above impacts, mitigation measures are identified in the EIR to reduce the environmental effects to less than significant levels. The Mitigation Monitoring and Reporting Program (MMRP) is included as part of Attachment 2 and provides additional details of the required environmental mitigation measures.
Through the analysis provided in the EIR, it was determined that the project would have significant and unavoidable transportation impacts related to Vehicle Miles Traveled (VMT) that cannot be fully mitigated. The project includes mitigation to reduce these impacts such as including various Transportation Demand Management (TDM) measures, but the VMT impacts would remain significant and unavoidable.
Once significant impacts have been identified, CEQA and the CEQA Guidelines Sections 15043 and 15093 require that certain findings be made before project approval to justify the unavoidable transportation impact. The City of Encinitas (“City”) must adopt a Statement of Overriding Considerations, which allows a lead agency to cite a project’s general economic, social or other benefits as justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The CEQA provisions require the agency to provide in writing the specific reasons to support its action to approve the project with a Statement of Overriding Considerations (included as a part of), indicating that the project’s benefits must outweigh the unavoidable significant effects. The overriding considerations must be supported by substantial evidence.
The project would require the adoption of a Statement of Overriding Considerations. The statement provides the lead agency’s views on the ultimate balancing of the merits of approving a project despite its environmental impact. Although the project would have a significant and unavoidable transportation impact, it would also result in a number of public benefits associated with the development of the project site:
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SOCIAL BENEFITS
1. The project would provide visual and functional compatibility with adjacent residential neighborhoods, other nearby land uses, development, and natural features.
2. The project would create a walkable environment that promotes and enhances the pedestrian experience through the site by providing safe and convenient walkways, as well as an onsite area for social gathering and interaction.
ECONOMIC BENEFITS
1. The project would provide affordable housing within the project for low-income families, thereby helping to meet the state-mandated affordable housing requirements and further encouraging diversity within the community.
2. The project would provide additional new residential housing opportunities within the Encinitas community, thereby addressing the local and state housing crisis and helping to meet regional and local housing mandates.
ENVIRONMENTAL BENEFITS
1. The project would provide at least the minimum number of units and housing opportunities that are consistent with the goals of the adopted City of Encinitas Housing Element Update, while minimizing environmental effects and protecting surrounding natural and aesthetic resources.
2. The project would preserve the vegetation and habitat on the 4.95- acre parcel located adjacent to the north of the development area and would prepare a long-term management plan to provide an entity and endowment funding to maintain such open space in perpetuity.
3. The project would provide for the design of buildings, public spaces, and uses that enhance and respect the scenic nature of the I-5 corridor and the coastal environment.
Staff concludes that a Statement of Overriding Consideration is appropriate.
The EIR identified all unavoidable significant transportation (VMT) impacts could not be avoided or substantially lessened. The alternatives evaluated in the EIR either would not avoid or substantially lessen the significant and unavoidable transportation impacts or would be infeasible. Each of the above-listed benefits of the project is sufficient by itself to conclude that the project is justified despite the impacts of the project.
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Recommended Action: Adopt draft City Council Resolution No. 2023-72, titled, “A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Planning Commission’s Decision on May 18, 2023 to Adopt Resolution No. PC 2023-09 Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, and Making the Required CEQA Findings Including Findings of Overriding Considerations, and to Adopt Resolution No. PC 2023-08 Approving a Density Bonus Tentative Map, Design Review Permit, and Coastal Development Permit to Construct a 149-Unit Townhome Community, Grading/Site/Landscaping Improvements, and One Temporary Construction Trailer for the Property Located at the Corner of Piraeus Street And Plato Place (CASE NOS. MULTI-005158-2022, DR-005160-2022, SUB-005159-2022, & CDP-005161-2022; APNs: 254-144-01-00 & 216- 110-35-00 (Off-site Preserve)” denying the appeal and affirming the Planning Commission’s decision to adopt Resolution No. PC-2023-09, dated May 18, 2023, certifying the final Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Program, and making the required CEQA findings including findings of overriding considerations and to adopt Resolution No. PC 2023-08 approving a Density Bonus Tentative Map, Design Review Permit, and Coastal Development Permit to construct a 149-unit townhome community, grading/site/landscaping improvements, and one temporary construction trailer.
Mayor Kranz announced that this was a continued public hearing and outlined the procedures for the hearing. He also stated that the public hearing remained open from the prior public hearing.
Assistant Director of Development Services Colamussi and Consultant Bob Stark from Michael Baker International presented the staff report and responded to preliminary questions from the Council.
City Attorney Preziosi announced that the Council received a new memorandum from the Chatten-Brown Law Group information after the agenda posting and would be available for public review.
COUNCIL DISCLOSURES OF ANY NEW INFORMATION RECEIVED
SUBSEQUENT TO THE PRIOR PUBLIC HEARING AND/OR NOT
INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell had no disclosures.
Council Member Ehlers had no disclosures.
Deputy Mayor Lyndes had no disclosures other than those disclosed at the prior public hearing.
Mayor Kranz had no disclosures.
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Arie Spangler representing the appellant, Encinitas Community Collective, presented the appeal.
David Shepherd and Attorney Marco Gonzalez, representing the applicant, Lennar Homes presented the project.
SPEAKERS:
The following individuals spoke in opposition to the Piraeus Point project:
Michael George, Edward Bass, Rich Cavagnaro, Michael Murasko, Andy Gilkison, Ellen Burr, Scott Campbell, Erin Stephenson, Luke Shaffer, Donna Dietrich, David Hill, Kathleen Lees, Doug Miller, Maryann Wickett, David Williamson, Donna Westbrook, and Sheila Cameron.
The following speakers registered opposition to the project, but chose not to speak: Natalie Settoon, Christie Dean, Charles Smith, Sharon Wilt, Kristen Smith, and L. Neubert.
The Mayor called the meeting into a recess at 8:26 p.m., and reconvened the meeting at 8:42 p.m.
Mayor Kranz announced that both the appellant and applicant would be receiving 5 minutes for rebuttals.
Attorney Marco Gonzalez, representing the applicant, Lennar Homes presented their rebuttal.
Arie Spangler representing the appellant, and Karen Kaden from Encinitas Community Collective presented their rebuttal.
Mayor Kranz closed the public hearing at 8:54 p.m.
Assistant Director of Development Services Colamussi reviewed proposed modifications to the conditions of approval and SOCs.
COUNCIL ACTION:
Kranz moved, Blackwell seconded to adopt City Council Resolution No. 2023-72 denying the appeal and affirming the Planning Commission’s decision to adopt Resolution No. PC-2023-09, dated May 18, 2023, certifying the final Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Program, and making the required CEQA findings including findings of overriding considerations all as amended in the record and to adopt Resolution No. PC 2023-08 approving a Density Bonus Tentative Map, Design Review Permit, and Coastal Development Permit to construct a 149- unit townhome community, grading/site/landscaping improvements, and one temporary construction trailer further amended as follows:
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• Statement of Overriding Considerations to be included as follows:
Economic Benefits
1. The project would provide affordable housing within the project for low-income families, thereby helping to meet the state- mandated affordable housing requirements and further
encouraging diversity within the community.
2. The project would provide additional new residential housing opportunities within the Encinitas community, thereby
addressing the local and state housing crisis and helping to meet regional and local housing mandates.
Environmental Benefits
1. The project would provide at least the minimum number of units and housing opportunities that are consistent with the goals of the adopted City of Encinitas Housing Element Update.
2. The project would preserve the vegetation and habitat on the
4.95-acre parcel located adjacent to the north of the
development area and would prepare a long-term management plan to provide an entity and endowment funding to maintain such open space in perpetuity.
• Conditions of Approval to be amended to include:
1. Applicant Proposed Modifications to Conditions and SOCS as follows:
Conditions of Approval, P. 26 ("FIRE 12"):
The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire
Department and shown on the improvement /grading plans and final map and building plans. Any future modifications to the project's Fire Protection Plan shall be reviewed and approved by the Encinitas Fire Department.
SOC, P. 14:
“A minimum 100-foot-wide fuel modification zone (FMZ), or reduced area approved by the Encinitas Fire Department with agreement by the wildlife agencies, would be provided between the residential structures and wildland fuels. This area would include contiguous fuel modification along the northern area of the project site.”
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SOC, P. 33, and FEIR mitigation measure BIO-7:
Off-site Mitigation. Prior to any grading, off-site mitigation shall be required for an additional 1.92 acres of impacts to sensitive and/or mitigated habitats not achieved within the preserve area including 1.60 acres of coastal sage scrub within the Coastal Zone and 0.32 acre of Southern Mixed Chaparral/Chamise- Mission Manzanita Chaparral. This can be achieved through purchasing of mitigation credits or acquiring additional land within the Coastal Zone. Because available land and
established mitigation banks within the Coastal Zone are not available, and because the City of Encinitas Subarea Plan is still in draft form, purchasing of mitigation credits within a North County Multiple Habitat Planning Area mitigation bank
( https://www.sandiegocounty.gov/content/sdc/pds/mitbnks.ht ml) or at another City-approved preserve area in the process of being established shall be negotiated to the satisfaction of the City, California Department of Fish and Wildlife, and US Fish and Wildlife Service. Alternatively, if deemed feasible and acceptable to the Wildlife Agencies and the City, the additional
1.92 acres of required mitigation may be satisfied through habitat restoration/enhancement/creation within the on-site or off-site Preserve areas, or through achieving a reduced thinning area per the FPP (to the satisfaction of the Encinitas Fire Department), or through a combination of these approaches and/or the purchase of mitigation credits at an established mitigation bank (per above).
SOC, P.69, and FEIR mitigation measure WF-1:
A fuel modification zone shall be provided to the north of the proposed retaining wall located along the northern boundary of the development area, extending 100 feet from the north side of the wall, or to a lesser distance if approved by the Encinitas Fire Department with agreement by the wildlife agencies.
This fuel modification zone shall include up to 50 feet of irrigated Zones 1A and 1B adjacent to each structure followed by up to 50 feet of nonirrigated thinning Zone 2. The
homeowners association shall be required to oversee and perform the described fuel treatments as described in the Fire Protection Plan on an ongoing basis.
SOC, P. 93:
As a similar development footprint and unit count would occur with this alternative, it is anticipated that potential impacts relative to impairment of emergency response or evacuation; increased fire risk due to maintenance or infrastructure; or, DocuSign Envelope ID: 06738E1A-F696-4B2D-84F1-44A502B64FE1
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exposure of people or structures to flooding or landslides due to runoff, post-fire slope instability, or drainage changes would remain less significant, similar to the proposed project. As the off-site preserve area and the subject site are designated as a Very High Fire Hazard Severity Zone, this alternative would have the potential to exacerbate wildfire risks or expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire fire risk. In reference to the project’s Fire Protection Plan, the estimated flame length, which is defined as the distance between the flame tip and the midpoint of the flame depth at the base of the flame, for untreated vegetation is 52.4 feet. Due to this flame length, it may be is infeasible to reduce the Fuel Modification Zone below 100 feet in order to ensure public safety. Implementation of mitigation measures would be required, similar to the proposed project, to ensure that such risks are reduced to a less than significant level. Potential impacts would therefore be similar to the proposed project.
SOC, P. 97:
Due to this flame length, it may be is infeasible to reduce the Fuel Modification Zone below 100 feet in order to ensure public safety.
2. New Conditions of Approval to be Added
The project's HOA shall include language in its CC&Rs
indicating that barbecue charcoal grills are not allowed on the rooftop decks.
The project's HOA shall include language in its CC&Rs
indicating the maximum number of people allowed on the
rooftop decks, and this occupancy number shall be posted on the rooftop decks.
The project's HOA shall include language in its CC&Rs
indicating that residents and their guests are not allowed to park vehicles on adjacent residential neighborhood streets.
The 15 deed-restricted homes at Piraeus Point shall be sold (rather than rented) to qualified homebuyers.
The applicant shall participate in the City’s Sand Compatibility and Opportunistic Use Program (SCOUP). The City of Encinitas will coordinate with State agencies on ways to expedite the review process.
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Traffic Mitigation Fees shall be used for future capital improvement projects in the vicinity of the project site as determined by the City Council.
The applicant shall coordinate with the State of California, Department of Transportation (Caltrans) to resolve any
concerns related to storm water discharge to Caltrans facilities and provide evidence of resolution to the City prior to issuance of construction permits.
The applicant shall construct street frontage improvements including parking along the east side of Piraeus Street and a right turn pocket heading westbound on Plato Place onto Piraeus Street in addition to frontage improvements depicted on the approved plans. The final design of all street frontage improvements shall be reviewed and approved by the
Development Services Department.
The applicant shall make every effort to provide offsite mitigation for sensitive habitat impacts to be within the City of Encinitas limits.
Condition SCA11 of Resolution PC-2023-08 shall be revised to read as follows:
a. The applicant/owner shall obtain the necessary
approvals from the City Council to allow proposed private improvements within the public right-of-way along
Piraeus Street and Plato Place prior to issuance of the first construction (building/grading) permit.
b. Remove condition SPCL 05 of Resolution PC-2023-08.
Motion Carried. Ayes: Blackwell, Kranz, and Lyndes. Nays: Ehlers.
Absent: Hinze.
11. INFORMATIONAL ITEMS
There were no informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member initiated items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
No City Council Member reports were given.
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14. CITY MANAGER REPORTS
No City Manager Report was given.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 9:58 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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