City Council

12A. Council initiated item from Council Member Jim O’Hara regarding Clark\nAvenue Apartments - Fire Apparatus Access Compliance and SB 35\nEligibility. Environmental Considerations: This action is exempt from CEQA\nas it is not a "project" under CEQA Guidelines § 15378(b)(5). It directs staff to\nevaluate and enforce existing code requirements and does not itself\nauthorize construction or a physical change to the environment. Contact\nPerson: Council Member O’Hara\nRecommended Action: 1) Place the residents' August 6, 2025 demand\nletter into the official record and agendize it for full Council review; 2)\nSuspend further permit processing for the Clark Avenue Apartments until full\ncompliance with Encinitas Municipal Code § 321.3 is demonstrated, or a\nlawful modification under California Fire Code § 104.8 is produced with the\nrequired findings; 3) Evaluate the project's eligibility under SB 35 in light of\nthe fire code deviations and AMMR requirement; 4) Initiate CEQA review of\nthe project, consistent with its discretionary status; and 5) Report back to\nCouncil on corrective steps and the potential legal exposure if the City\ncontinues ministerial processing despite these deviations from both the\nprocedural requirements and the substantive provisions of the Encinitas\nMunicipal Code and California Fire Code.\n2025-08-27 Item 12A Council Initiated item from CM O’Hara regarding Clark\nAvenue\n2025-08-27 Item 12A Council Initiated item from CM O’Hara regarding Clark\nAvenue - Public Comment