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MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING
DECEMBER 4, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
CALL TO ORDER/ROLL CALL
Mayor Kranz called the meeting to order at 6:00 p.m.
Present: Mayor Tony Kranz, Deputy Mayor Allison Blackwell, Council Members Joy Lyndes and Kellie Shay Hinze
Absent: Council Member Bruce Ehlers
Also present: Acting City Manager Campbell, City Attorney Preziosi, Administrative Services Director Schwarm, Special Counsel Noya, Assistant Director of Development Services Colamussi, Senior Planner Danna, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
AGENDA ITEMS
1. Public hearing to consider a revision to a previously approved density bonus, condominium subdivision, design review permit, and coastal development permit, including a reduction of the number of units from 149 to 134 townhome units (120 market rate and 14 affordable units), an increase in open space conservation easement area, and changes to retaining wall heights (MULTI-007530-2024, SUB- 007538-2024, DR-007537-2024, CDP-007539-2024; APNs: 254-144-01-00 & 216- 110-35-00). Contact Person: Senior Planner Danna
Environmental Considerations: Prior project approvals included certification of the Piraeus Point Final Environmental Impact Report (SCH #2022050516), adoption of findings of facts, and approvals of a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations pursuant to City Council Resolution 2023-72. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, an Addendum (Attachment CC-2) to the previously certified Environmental Impact Report (Attachment CC-3) was prepared in accordance with CEQA Guidelines Section 15164 as there were minor changes proposed that do not result in significant new environmental effects. None of the conditions identified in CEQA Guidelines Section 15162 requiring the preparation of a subsequent EIR have occurred.
Recommended Action: Adopt attached draft City Council Resolution No. 2024-133 titled, “A Resolution of the City Council of the City of Encinitas, California, to Approve Revisions to a Previously Approved Density Bonus, Condominium Subdivision, Design Review Permit, and Coastal Development Permit, Including a Reduction of the Number of Units from 149 to 134 Townhome Units (120 Market Rate and 14 Affordable Units), an Increase in Open Space Conservation Easement Area, and Docusign Envelope ID: 73FD8C93-FB81-4486-B598-5BAA0339B152
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Changes to Retaining Wall Heights, and Adopt an Addendum to the Previously Certified Environmental Impact Report (CASE NOS. MULTI-007530-2024, SUB- 007538-2024, DR-007537-2024, CDP-007539-2024; APNs: 254-144-01-00 & 216- 110-35-00)” to approve, with conditions, the revised density bonus, condominium subdivision, design review permit, and coastal development permit requests and approve an addendum to previously certified Environmental Impact Report.
Senior Planner Danna presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Lyndes had no disclosures.
Council Member Hinze reported that she had met with the appellants during the first appeal of the project.
Deputy Mayor Blackwell reported that she had met with the appellants during the first appeal of the project.
Mayor Kranz had no disclosures.
Mayor Kranz opened the public hearing at 6:10 p.m.
SPEAKERS:
Donna Westbrook, Jim Brakas, Richard Weston, Vicki Campbell, Scott Campbell, Dolores Welty, Dan Baxter, Karen Kaden, Dennis Kaden, and Sheila Cameron spoke in opposition to the recommended action.
Coastal Zone Administrator Mireau and Assistant Development Services Director Colamussi responded to questions from the Council.
Marco Gonzalez, representing the applicant, Lennar Homes of CA, LLC responded to questions from the Council.
Mayor Kranz closed the public hearing at 7:06 p.m.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) adopt City Council Resolution No. 2024- 133 titled, “A Resolution of the City Council of the City of Encinitas, California, to Approve Revisions to a Previously Approved Density Bonus, Condominium Subdivision, Design Review Permit, and Coastal Development Permit, Including a Reduction of the Number of Units from 149 to 134 Townhome Units (120 Market Rate and 14 Affordable Units), an Increase in Open Space Conservation Easement Area, and Changes to Retaining Wall Heights, and Adopt an Addendum to the Previously Certified Environmental Impact Report (CASE NOS. MULTI-007530-2024, SUB-007538-2024, DR- 007537-2024, CDP-007539-2024; APNs: 254-144-01-00 & 216-110-35-00)” to approve, with conditions, the revised density bonus, condominium Docusign Envelope ID: 73FD8C93-FB81-4486-B598-5BAA0339B152
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subdivision, design review permit, and coastal development permit requests and approve an addendum to previously certified Environmental Impact Report AMENDED to remove conditions of approval SCB 21 and SCC 5.
Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: None.
Absent: Ehlers. Abstain: None.
2. Consider granting easement on Piraeus Street and Plato Place to Lennar Homes of California, LLC (“Lennar”) to allow construction of required private development improvements if the project (MULTI-007530-2024, SUB-007538-2024, DR-007537- 2024, CDP-007539-2024; APNs: 254-144-01-00 & 216-110-35-00) is approved by the City Council. Contact Person: Director of Administrative Services and Human Resources Schwarm and Special Counsel Noya
Environmental Considerations: The request is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.” Project improvements within the proposed easement area were included with prior project approvals including certification of the Piraeus Point Final Environmental Impact Report (SCH #2022050516), adoption of findings of facts, and approvals of a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations and Addendum to the EIR pursuant to City Council Resolution No.
CC-2023-72 and Resolution No. CC-2024-133, respectively.
Recommended Action: 1) Adopt City Council Resolution No. 2024-136 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Granting of an Easement on City-Owned Lands on Piraeus Street and Plato Place Adjacent to APNS 254-144-01 & 216-110-35 to Lennar Homes of California, LLC” to approve and authorize the City Manager, or designee, to execute “Grant of Easement and Agreement”, in substantial form, in consultation with the City Attorney, subject to the terms and conditions therein including monetary consideration to be paid to City in the amount of One Million, Eight Hundred Thousand Dollars ($1,800,000). This action is contingent on City Council prior approval of the Lennar project; and 2) Receive and adopt report on General Plan conformity pursuant to Government Code Section 65402.
Administrative Services/Human Resources Director Schwarm and Special Counsel Noya presented the staff report and responded to questions from the Council.
SPEAKERS:
Donna Westbrook, Fred Lara, Scott Campbell, Karen Kaden, David Hill, Sheila Cameron, Dennis Kaden, Jim Brakas, Richard Weston, and Dolores Welty spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to: 1) adopt City Council Resolution No. 2024-136 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Granting of an Easement on City-Owned Lands on Docusign Envelope ID: 73FD8C93-FB81-4486-B598-5BAA0339B152
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Piraeus Street and Plato Place Adjacent to APNS 254-144-01 & 216-110-35 to Lennar Homes of California, LLC” to approve and authorize the City Manager, or designee, to execute “Grant of Easement and Agreement”, in substantial form, in consultation with the City Attorney, subject to the terms and conditions therein including monetary consideration to be paid to City in the amount of One Million, Eight Hundred Thousand Dollars ($1,800,000).
This action is contingent on City Council prior approval of the Lennar project; 2) receive and adopt report on General Plan conformity pursuant to Government Code Section 65402; 3) allocate the $1.8 million to be used for mitigation and improvement purposes in the surrounding area of the development; and 4) direct staff to bring back estimates for improvements asked for by neighbors, including but not limited to safe routes to school, turn pocket, walkway to La Costa Avenue, undergrounding of utilities, and sand hauling for the SCOUP program. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: None. Absent: Ehlers. Abstain: None.
ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:08 p.m.
__________________________ ___________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By Pete Weichers, Deputy City Clerk
Docusign Envelope ID: 73FD8C93-FB81-4486-B598-5BAA0339B152