Encinitas — 2025-01-15

10A. Public hearing to consider a timely-filed appeal (Case\nNo. APPEAL-007691-2024) of the Planning\nCommission’s approval of a density bonus and design\nreview permit authorizing the construction of an 87-\nunit apartment project (Camino Apartments) and\nassociated improvements on a 1.93 gross acre site.\nThe project is located on the east side of El Camino\nReal and north of Garden View Road. Contact\nPerson: Senior Planner Danna Environmental\nConsiderations: The project is statutorily exempt from\nthe California Environmental Quality Act (CEQA)\nunder Government Code Sections 65583.2(h) and (i),\nwhich provide that, if a housing development project is\nlocated on a site designated for ‘by right’ approval,\ncontains at least 20 percent of the units affordable to\nlower income households, and does not require a\nsubdivision, the City may only require design review\napproval of the project, and design review approval\nshall not constitute a “project” under CEQA. The\nCamino Apartments project is statutorily exempt from\nCEQA in that it is located in the Residential 30 (R-30)\nOverlay Zone, which designates multi-family\nresidential for ‘by right’ approval by Encinitas\nMunicipal Code Chapter 30.09 (Zoning Use Matrix\nNote 35); proposes that 20 percent of the units will be\naffordable to lower income households; and does not\nrequire a subdivision.\nRecommended Action: Deny the appeal and adopt\ndraft City Council Resolution No. 2025-02 titled, “A\nResolution of the City Council of the City of Encinitas,\nCalifornia Denying An Appeal Filed by Ruben Flores\nand Affirming the Planning Commission’s Approval of\na Density Bonus and Design Review Permit to\nAuthorize the Construction of a Four-Story Multi-\nFamily Residential Development Consisting of 87\nResidential Apartments (75 Market Rate Units and 12\nVery Low-Income Units), Common Open Space,\nGrading, and Landscaping Improvements, Located\nEast of El Camino Real and North of Garden View\nRoad (APN 257-470-24)” affirming the Planning\nCommission’s decision to adopt Resolution No. PC\n2024-32 approving the density bonus and design\nreview permit. (Case No. DR-006027-2023) with\nconditions.\n2025-01-15 Item 10A Agenda Report - Camino\nApartments Appeal\n2025-01-15 Item 10A Attachment 01 - Draft City Council\nResolution - Camino Apartments Appeal\n2025-01-15 Item 10A Attachment 02 - Planning\nCommission Resolution\n2025-01-15 Item 10A Attachment 03 - PC Agenda\nReport\n2025-01-15 Item 10A Attachment 04 - Appeal\n2025-01-15 Item 10A Attachment 05 - Applicant\nResponse to Appeal\n2025-01-15 Item 10A Attachment 06 - Biology Technical\nReport\n2025-01-15 Item 10A Attachment 07 - Historical Grading\nand Landscaping Plans\n2025-01-15 Item 10A Attachment 08 - Public Notices

10B. Annual Report Concerning the Mitigation Fee Act for\nFiscal Year 2023-24. Contact Person: Finance Analyst\nRamos Environmental Considerations: The action\nbeing considered by the City Council is exempt from\nthe California Environmental Quality Act (CEQA)\nbecause it is not a “project” under Section 15378(b)(5)\nof CEQA Guidelines. The action involves an\norganizational or administrative activity of government\nthat will not result in the direct or indirect physical\nchange in the environment.\nRecommended Action: Review and file the Annual\nDevelopment Impact Mitigation Fee Report for Fiscal\nYear Ended June 30, 2024.\n2025-01-15 Item 10B Annual Report Concerning the\nMitigation Fee Act for Fiscal Year 2023-24

8A. Approval to waive the full reading of the text of all\nordinances and resolutions introduced/adopted at this\nmeeting. Ordinances and resolutions shall be\nintroduced/adopted by title only. Contact Person: City\nClerk Hollywood\nRecommended Action: Approve.

8B. Approval of the Minutes of the December 10, 2024,\nSpecial Meeting; December 11, 2024, Regular Meeting;\nDecember 18, 2024, Special-Closed Session Meeting;\nand December 18, 2024, Regular Meeting. Contact\nPerson: City Clerk Hollywood\nRecommended Action: Approve the Minutes.\n2025-01-15 Item 08B Minutes

8C. Approval of the Warrants List (Register of Demands).\nContact Person: Finance Manager Dinh\nRecommended Action: Staff recommends that the\nCity Council review and approve the warrants.\n2025-01-15 Item 08C Approval of Warrants List

8D. Acceptance of the Beacon’s Beach Parking Lot\nReconstruction (CP22A) Project. Contact Person:\nSenior Engineer Stryker Environmental\nConsiderations: The action being considered by the\nCity Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a\n“project” under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or\nadministrative activity of government that will not result\nin the direct or indirect physical change in the\nenvironment.\nRecommended Action: 1) Authorize the filing of the\nNotice of Completion for the subject project; 2)\nAuthorize the release of the payment bond for the\nsubject project in full upon the recording of the Notice of\nCompletion; 3) Authorize the release of the\nperformance bond for the subject project in full, one (1)\nyear after the recording of the Notice of Completion;\nand 4) Adopt City Council Resolution No. 2025-01,\ntitled “A Resolution of the City Council of the City of\nEncinitas, California, Accepting the Public\nImprovements for the Beacon’s Beach Parking Lot\nReconstruction Project (CP22A).”\n2025-01-15 Item 08D Beacon’s Beach NOC