City Council

10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL-008659-\n2026) of the Planning Commission’s denial of a concession and imposition of\nconditions requiring construction of frontage improvements for a 120-unit\nmulti-family apartment development on a 5.23-acre vacant site. The project is\nlocated on the south easterly corner of Sage Canyon Drive and El Camino\nReal.  Environmental Considerations: The project is statutorily exempt from\nCEQA under Government Code Sections 65583.2(h) and (i), which provide\nthat, if a project is located on a site designated for ’by right’ approval, contains\nat least 20 percent of the units affordable to lower income households, and is\nnot requesting a subdivision, the City of Encinitas may only require design\nreview and coastal development permit approval of the project, and approval\nshall not constitute a "project" under CEQA. The State Department of Housing\nand Community Development, in their letter to the City of Encinitas dated\nOctober 8, 2019, stated that the "20 percent calculation is based upon the\ntotal number of units in the development exclusive of additional units provided\nby a density bonus." The Sage Canyon project is statutorily exempt from\nCEQA in that it is located in the R-30 Overlay Zone, which is designated for\n’by right’ approval by Encinitas Municipal Code Chapter 30.09 (Zoning Use\nMatrix, Note 35), proposes that 24 of 120 units (20 percent of base density),\nwill be affordable to lower income households; and is not requesting a\nsubdivision.Contact Person: Senior Planner Bustamante\nRecommended Action: Deny the appeal and adopt the draft City Council\nResolution No. 2026-14 titled, "A Resolution of the City Council of the City of\nEncinitas, California Denying An Appeal Filed By Dennis Szuberia and\nAffirming the Planning Commission's Approval of a Density Bonus, Waivers,\nDesign Review Permit and Coastal Development Permit for the Construction\nof 120 Multi-Family Residential Units (24 Low-Income and 96 Market Rate\nUnits) and Amenities Within One Building Including Grading, Landscaping Site\nImprovements and a Temporary Construction Trailer, Denying a Concession\nRequest and Recommending Approval of Reduced Public Improvements on\nEl Camino Real. Located on a Vacant Lot Located East of South El Camino\nReal, South of Sage Drive and North of Manchester Avenue. (APN 260-061-\n85) (CASE NO. MULTI-007196-2024, DR-007229-2024, SRVRQST-007232-\n2024, CDP-007230-2024 and APPEAL-008959-2026)" affirming the Planning\nCommission's decision to adopt Resolution No. PC 2025-36 approving the\ndensity bonus, waivers, design review permit, and coastal development permit\n(Case No. MULTI-007196-2024, DR-007229-2024, CDP-007230-2024) with\nconditions, and denying the requested concession. Based on the City's\nadopted appeal procedures and described further in the "conclusion" section\nof this report, at the public hearing, the City Council shall receive and consider\nthe public hearing staff report, which will include the materials submitted to the\nPlanning Commission, the resolution setting forth proposed findings,\nconclusions and determinative actions; timely filed written positions with\narguments, documents, information, exhibits, letters, photos, charts,\ndiagrams, or videos; and staff responses to material filed. No other materials\nshall be received or considered at the public hearing. The City Council shall\nonly receive and consider the following oral presentations: the oral staff report,\nan oral presentation from the appellant or appellant representative and oral\ncomments from any member of the public present at the hearing. The City\nCouncil may ask questions of City staff or any speaker in order to clarify\ninformation and shall consider an oral rebuttal/summation from the appellant\nand the appellant's representative, if any. The City Council may ask questions\nof the rebuttal/summation speaker in order to clarify information.