City Council

10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL-007854-\n2025) of the Development Services Department Director’s approval of an\nagricultural permit to establish a community garden, allow small animal\nkeeping of 26 to 100 animals, small-scale agricultural production, and a\ntemporary food stand selling associated agricultural products for the property\nlocated at 3563 and 3559 Fortuna Ranch Road (APN 264-101-36).\nEnvironmental Considerations: The project has been determined to be\ncategorically exempt pursuant to the following California Environmental\nQuality Act (CEQA) Guidelines Sections. * Section 15301 exempts the\noperation, repair, maintenance, permitting, licensing of private structures, and\nmechanical equipment, involving negligible or no expansion of use beyond\nthat existing at the time of the lead agency’s determination. The subject\nproperty is developed with a single-family residence, an accessory dwelling\nunit (ADU), and associated site improvements. The proposed community\ngarden, animal keeping, small-scale agricultural production, and food stand\nare accessory to the existing primary single-family residence. The primary\nsingle-family residence is maintained onsite, and the project involves no\nexpansion of the existing use beyond that existing at the time of the lead\nagency’s environmental determination. * Section 15303 exempts construction\nand location of limited numbers of new, small facilities or structures;\ninstallation of small new equipment and facilities in small structures; and the\nconversion of existing small structures from one use to another where only\nminor modifications are made in the exterior of the structure. The project\nmeets the criteria of this exemption. Small accessory structures are used\nonsite to support the primary single-family residence and/or operation of the\nproposed community garden, small animal keeping, small-scale agricultural\nproduction, and temporary food stand. The construction and location of these\nsmall structures will not have any significant impacts on the environment. *\nSection 15304 exempts minor private alterations in the condition of land\nand/or vegetation which do not involve removal of healthy, mature, scenic\ntrees except for forestry or agricultural purposes. The project includes minor\nalterations to the land of an existing private property that is currently\ndeveloped with a single-family residence, an ADU, and associated site\nimprovements. The agricultural permit scope involves the operation of a\ncommunity garden, small animal keeping, small-scale agricultural production,\nand temporary food stand (not to exceed 120 square feet), as accessory uses\nto the primary single-family use. No healthy, mature scenic trees are proposed\nfor removal as part of the project scope. The project meets the criteria of this\nexemption. None of the exceptions in Section 15300.2 of the CEQA\nGuidelines exists and no historical resources will be impacted by the proposed\nuse. Contact Person: Associate Planner Dichoso\nRecommended Action: Deny the appeal and adopt draft City Council\nResolution No. 2025-30 titled, "A Resolution of the City Council of the City of\nEncinitas, California Denying the Appeal and Affirming the Development\nServices Department Director's Decision Approving an Agricultural Permit\nAuthorizing a Community Garden, Allow Small Animal Keeping of 26 to 100\nAnimals, Small-Scale Agricultural Production, and a Temporary Food Stand\nSelling Associated Agricultural Products Located at 3563 and 3559 Fortuna\nRanch Road (CASE NO. APPEAL-007854-2025; APN 264-101-36)" affirming\nDevelopment Services Department Director's Decision No. 2025-07 approving\nthe agricultural permit (Case No. AG-006986-2024) with conditions.\n2025-03-26 Item 10A Agenda Report 007854-2025 APPEAL (Sugarman Ag -\nFilips)\n2025-03-26 Item 10A Attachment 01 Proposed City Council Resolution No.\n2025-30 (Appeal Denial)\n2025-03-26 Item 10A Attachment 02 006986-2024 AG (3563 Fortuna Ranch Rd\n- Sugarman Ag Farm) 2025-07 (with Site Plan)\n2025-03-26 Item 10A Attachment 03 25-01-27 Appeal Sugarman - Gary Filips\n2025-03-26 Item 10A Attachment 04 CPP Final Report - Sugarman\n2025-03-26 Item 10A Attachment 05 1972-340331 Parcel 2\n2025-03-26 Item 10A Attachment 06 Legal Notice\n2025-03-26 Item 10A Attachment 07 Applicant Presentations and Supplemental\nMaterials\n2025-03-26 Item 10A Attachment 08 Appellant Presentations and Supplemental\nMaterials\n2025-03-26 Item 10A Attachment 09 Public Correspondence Received\n2025-03-26 Item 10A 007854-2025 APPEAL (Sugarman Ag - Filips) - Public