Encinitas — 2024-12-11

10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL-007691-\n2024) of the Planning Commission’s approval of a density bonus and design\nreview permit authorizing the construction of an 87-unit apartment project\n(Camino Apartments) and associated improvements on a 1.93 gross acre site.\nThe project is located on the east side of El Camino Real and north of Garden\nView Road. Contact Person: Senior Planner Danna\nThis agenda item has been removed from the agenda and will be\nrescheduled and renoticed for the regular meeting of January 15, 2025. It\nonly appears on the agenda because it was legally noticed.

10B. Public hearing to consider a timely-filed appeal (Case No. APPEAL-007676-\n2024) of the Planning Commission’s approval of a density bonus, tentative\nmap, design review permit, and coastal development permit authorizing a 17-\nlot density bonus subdivision with associated site, grading, and public\nimprovements, located on Bella Vista Drive (APN: 216-122-17).).\nEnvironmental Considerations: Pursuant to the California Environmental\nQuality Act (CEQA), an Environmental Initial Study (IS) was conducted which\ndetermined that the proposed project may have significant environmental\neffects related to aesthetics, biological resources, cultural resources, geology\n(paleontological resources), and tribal cultural resources. The project, with\nincorporation of the specific mitigation measures set forth in the approval,\navoid or mitigate the potential significant environmental impacts to a less than\nsignificant level. A Mitigated Negative Declaration (MND) and Mitigation\nMonitoring and Reporting Program (MMRP) was prepared for the proposed\nproject and adopted by the Planning Commission. Contact Person: Assistant\nDirector of Development Services Colamussi\nRecommended Action: Deny the appeal and adopt the attached draft City\n12/6/24, 2:22 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4515\nCouncil Resolution No. 2024-129 titled "A Resolution of the City Council of the\nCity of Encinitas, California Denying the Appeal Filed by United Citizens for\nResponsible Development of Bella Vista and Affirming the Planning\nCommission's Decision Approving a Density Bonus, Tentative Map, Design\nReview Permit, and Coastal Development Permit Authorizing the Subdivision\nof One (1) Existing Lot Into 17 Residential Lots (15 Market Rate and Two\n"Very-Low" Affordable Lots) and One (1) Private Street Lot Utilizing the State\nDensity Bonus Law; Construction of One (1) Private Cul-De-Sac Road (Lot A),\nGrading to Exceed Four (4) Feet of Fill and Eight (8) Feet of Cut, and\nLandscape, Utility, Stormwater Drainage, and Site/Public Improvements;\nEncroachment Into Steep Slopes; and Use of a Construction Trailer, for\nProperty Located on Bella Vista Drive (APN: 216-122-17) (CASE NOS.\nAPPEAL-007676-2024, MULTI-005107-2022, SUB-005109-2022, DR-\n005108-2022, CDPNF-005602-2022; APN: 216-122-17)" affirming the\nPlanning Commission's decision to adopt Resolution No. 2024-31 approving\nthe density bonus, tentative map, design review permit, and coastal\ndevelopment permit (Case Nos. MULTI-005107-2022, SUB-005109-2022,\nDR-005108-2022, CDPNF-005602-2022) with conditions.\n2024-12-11 Item 10B Bella Vista Appeal - Agenda Report\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 01 - Draft City Council\nResolution No. 2024-129\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 02 - Planning\nCommission Resolution PC 2024-31\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 03 - Final Mitigated\nNegative Declaration (MND) and Appendices\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 04 - Planning\nCommission Agenda Report - October 17, 2024\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 05 - Appeal\nApplication_Part1\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 05 - Appeal\nApplication_Part2\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 05 - Appeal\nApplication_Part3\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 06 - Recon Environmental\nResponse to Appeal\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 07 - Public Notice\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 08a - Applicant\nPresentation & Supplemental Material\n2024-12-11 Item 10B Bella Vista Appeal - Attachment 08b - Appellant\nPresentation\n12/6/24, 2:22 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4515

10C. Discussion and action regarding options for filling the District 4 Council seat\nleft vacant by Bruce Ehlers being elected Mayor. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nCity Clerk Hollywood\nRecommended Action: City Council discuss and provide direction to staff\nregarding filling the District 4 City Council vacancy.\n2024-12-11 Item 10C Council Vacancy

10D. Discussion and possible appointments of Encinitas City Council Members to\nRegional Boards and Committees, and consideration and possible action\nregarding existing Standing Subcommittee and Active Ad Hoc Subcommittee\nappointments. Environmental Considerations: The action being considered\nby the City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Executive Assistant to Mayor and City Council\nBlease\nRecommended Action: 1) City Council to make recommendations and\napprove final appointments of Representative and Alternate to the North\nCounty Transit District (NCTD) 2025 Board of Directors; 2) City Council to\nmake recommendations and approve final appointments of Representative,\nAlternate, and Second Alternate to the San Diego Association of\nGovernments (SANDAG) 2025 Board of Directors; 3) Mayor to make\nrecommendations and City Council to approve all other 2025 regional board\nand committee appointments; and 4) City Council to consider and possibly\ntake action regarding appointments to standing subcommittee and active ad\nhoc subcommittee appointments.\n2024-12-11 Item 10D Regional Committee and Board Appointments

10E. SANDAG Update on the Batiquitos Lagoon Double Tracking Project, and\nRequests related to City-Owned Parcels at La Costa Avenue and N. Coast\nHighway 101. Environmental Considerations: The action being considered\nby the City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. SANDAG has filed a Notice of Exemption for the BLDT project,\nState Clearing House Number 2024061076. Contact Person: Director of\nEngineering Bankston\nRecommended Action: 1) Receive Update from SANDAG on the Batiquitos\nLagoon Double Tracking Project (BLDT); 2) Authorize SANDAG access to the\nBLDT project site on North County Transit District (NCTD) parcels through\n12/6/24, 2:22 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4515\nCity-owned Parcels at La Costa Avenue and N. Coast Highway 101, which\nwould eliminate the need for a large retaining wall and allow for revegetation\nof NCTD land adjacent to the City's parcels; 3) Approve SANDAG's offer to\ncomplete site improvements as mitigation for community impacts and\nauthorize staff to negotiate an MOU reflecting this agreement; and 4)\nConsider SANDAG's request for non-standard construction hours.\n2024-12-11 Item 10E SANDAG BLDT & City Parcels

4A. Presentation of the Encinitas Historical Society’s Archiving Program by Hillel\nSchwartz, Archivist

8C. Approval of the Warrants List (Register of Demands). Contact Person:\nFinance Manager Dinh\nRecommended Action: Staff recommends that the City Council review and\napprove the warrants.\n2024-12-11 Item 08C Approval of Warrants List

8D. Consideration of Proposed Changes to the 2025 calendar year City Council\nMeeting Schedule. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the California Environmental\nQuality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of\nCEQA Guidelines. The action involves an organizational or administrative\nactivity of government that will not result in the direct or indirect physical\nchange in the environment. Contact Person: City Clerk Hollywood\nRecommended Action: Approve the proposed changes to the 2025 calendar\nyear City Council Meeting Schedule and adopt City Council Resolution 2024-\n115, titled "A Resolution of the City Council of the City of Encinitas, California,\n12/6/24, 2:22 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4515\nApproving Changes to the Calendar Year 2025 City Council Meeting\nSchedule."\n2024-12-11 Item 08D City Council Meeting Schedule 2025

8E. Professional Consultant Services Agreement between the City of Encinitas\nand Ascent Environmental, Inc. ("Ascent") to provide a focused amendment to\nthe Resource Management Element of the General Plan pursuant to Senate\nBill ("SB") 1425 and Assembly Bill ("AB") 1889. Environmental\nConsiderations: The action before the City Council is not subject to the\nCalifornia Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3)\nof the CEQA Guidelines since the action is not a "project" pursuant to Section\n15378(b)(5). The action involves an organizational or administrative activity of\ngovernment that will not result in a direct or indirect physical change in the\nenvironment. Environmental review would be determined and conducted prior\nto the adoption of any resulting General Plan amendment. Contact Person:\nSenior Mobility Planner Jedynak\nRecommended Action: Authorize the City Manager, in coordination with the\nCity Attorney, to execute a Professional Consultant Services Agreement, in\nsubstantial form, for a focused amendment to the Resource Management\nElement with Ascent, in an amount not-to-exceed $470,687.\n2024-12-11 Item 08E Resource Management Contract

8F. Consideration of a 15-year lease agreement for the use of Encinitas coastal\nbeaches within the California State Lands Commission jurisdiction, in\nconjunction with the City’s Opportunistic Beach Fill Program (OBFP) and Sand\nCompatibility and Opportunistic Use Program (SCOUP). Environmental\nConsiderations: The recommended action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of the CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. The current Mitigated Negative Declaration (MND) prepared and\nadopted for the OBFP included the Cities of Encinitas, Solana Beach,\nCoronado, and Imperial Beach in April 2008 (SCH No. 2008021048), and the\nCity adopted a Final Mitigated Negative Declaration to amend the City of\nEncinitas OBFP in February 2014 (SCH No. 2013111057). There are no\nchanges proposed for the current program at this time, aside from extending\nthe existing permits, including the lease permit through the California State\nLands Commission Contact Person: Coastal Zone Program Administrator\nMierau\nRecommended Action: Adopt Resolution No. 2024-128 titled, "A Resolution\nof the City Council of the City of Encinitas, California, to Authorize the City\nManager, or Their Designee, to Execute a 15-Year Lease Agreement with the\nCalifornia State Lands Commission to Allow Continued Sand Nourishment\nAlong the Encinitas Coast, Consistent with the Locations Set Through the\nEncinitas Opportunistic Beach Fill Program (OBFP) and Sand Compatibility\nand Opportunistic Use Program (SCOUP)" authorizing the City Manager, or\ntheir designee, in coordination with the City Attorney, to execute a 15-year\nlease agreement with the California State Lands Commission to allow\n12/6/24, 2:22 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4515\ncontinued sand nourishment along the Encinitas coast, consistent with the\nlocations set through the Opportunistic Beach Fill Program (OBFP) and Sand\nCompatibility and Opportunistic Use Program (SCOUP).\n2024-12-11 Item 08F Opportunistic Beach Fill Lease

8G. Amendment No. 2 to Agreement for Professional Consultant Services between\nthe City of Encinitas ("City") and Interwest Consulting Group, Inc. ("Interwest")\nto add $120,000 for additional support with as-needed civil engineering\nservices for private land development projects. Environmental\nConsiderations: The actions being considered by the City Council are exempt\nfrom the California Environmental Quality Act (CEQA) because they are not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The actions involve\norganizational or administrative activities of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nPrincipal Engineer Cabrera\nRecommended Action: 1) Authorize the City Manager or her designee, in\ncoordination with the City Attorney, to execute Amendment No. 2 to the\nAgreement with Interwest in substantial form, to add $120,000 of capacity to\nthe professional consultant contract, for a new not-to-exceed amount of\n$415,000; and 2) Adopt City Council Resolution No. 2024-131, titled "A\nResolution of the City Council of the City of Encinitas, California, Amending the\nFiscal Year 2024-25 Budget" to appropriate $120,000 to the Land\nDevelopment Division Professional Services Budget.\n2024-12-11 Item 08G Interwest As-Needed Civil Engineering Services\nAmendment 2

8H. Summary (street) vacation of 10-foot portion of unused road right of way on\nthe southwest corner of Assessor Parcel Number (APN): 260-30-11-00\nadjacent to MacKinnon Avenue for a length of 40 feet. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nPrincipal Engineer Cabrera\nRecommended Action: Adopt City Council Resolution No. 2024-98, titled, "A\nResolution of the City Council of the City of Encinitas, California, Approving the\nSummary Vacation of a 10 Foot Public Road Right-of-Way Between Lot A In\nBlock 3 and Lot M in Block 2 of Map No. 1680 on Windsor Road at Mackinnon\nAvenue" approving the summary vacation of 10-foot of unused road right-of-\nway granted to the County of San Diego and assumed by the City of Encinitas\nupon incorporation for that portion of public right-of-way in between Lot A in\nBlock 3, and Lot M in Block 2 of Map No. 1680 on Windsor Road at\nMacKinnon Avenue. (CASE NO. SUB-007085; APN: 260-305-11)"\n2024-12-11 Item 08H ROW Vacation at 1635 MacKinnon\n12/6/24, 2:22 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4515

8I. Belmont Village/Greystar open space conservation easement. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nPlanning Manger Innes\nRecommended Action: Authorize a private property owner to grant an open\nspace conservation easement in favor of the Nature Collective with the power\nof enforcement by the City of Encinitas and the State Attorney General.\n2024-12-11 item 08I Belmont Village Open Space Easement