City Council

10B. Public Hearing to consider a timely-filed appeal of the Development Services\nDirector’s approval of a time extension for the Clark Avenue Apartments\nproject that approved a 199-unit residential development with associated site\nimprovements. CASE NOS.: MULTI-007384-2024, EXT-007415-2024,\nCDPNF-007414-2024; LOCATION: 662, 672, & 682 Clark Avenue and 556\nUnion (APNs: 256-171-25). Environmental Considerations: The extension of\ntime has been determined to be exempt from environmental review pursuant\nto California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)\n(3). This section exempts projects where it can be seen with certainty that\nthere is no possibility that the activity in question may have a significant effect\non the environment. The project was determined to be statutorily exempt from\nthe California Environmental Quality Act (CEQA) under Government Code\nSections 65583.2(h) and (i), which provide that if a housing development\nproject is located on a site designated for "by right" approval, contains at least\n20 percent of the units affordable to lower income households, and does not\nrequire a subdivision, the City may only require design review approval of the\nproject, and design review approval shall not constitute a "project" under\nCEQA. The Clark Avenue Apartment project is statutorily exempt from CEQA\nin that it is located in the R-30 Overlay Zone, which is designated for "by right"\napproval by Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note\n35), proposes that 40 of 199 units, exclusive of additional units provided by a\ndensity bonus, will be affordable to lower income households; and does not\nrequire a subdivision. There are no proposed changes to the project as\noriginally approved. Contact Person: Senior Planner Bustamante\nRecommended Action: Deny the appeal and adopt the draft City Council\nResolution No. 2024-123 titled, "A Resolution of the City Council of the City of\nEncinitas, California, Denying an Appeal and Affirming the Determination of\nthe Director of Development Services to Grant an Extension of Time to Extend\nthe Expiration of the Approval of Case No. MULTI-004609-2021, Located at\n662, 672, and 682 Clark Avenue and 556 Union Street" affirming the\nDevelopment Services Director's decision to approve an extension of time.\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Agenda Report\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 1 Draft City\nCouncil Resolution No. 2024-123\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 2 Time\nExtension Application\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 3 Time\nExtension Notice of Decision\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 4 Appeal\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 5 AB 2729\n2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 6 Time\nExtension Public Notice\n2024-11-13 Item 10B Clark Ave Apartments Appeal