City Council

10C. Public Hearing to consider a timely-filed appeal of the Planning Commission’s\napproval of a Density Bonus, Design Review Permit, Coastal Development\nPermit, and Boundary Adjustment for the construction of a multi-family\nresidential development consisting of 202 residential apartments (172 market\nrate and 30 low-income units) within one building including private amenity\nand common open space, grading improvements exceeding four (4) feet of fill\nand eight (8) feet of cut, and landscaping improvements, the use of a\ntemporary construction trailer, and consolidation of four (4) of the six (6)\nunderlying legal lots resulting in three (3) remaining lots. Proposed amenities\ninclude a pool, spa, a shared California Room (an indoor-outdoor living\nspace), a variety of outdoor seating types to accommodate all residents,\ngaming plaza, bike storage, bike/vehicle charging stations, meditation studio,\nexterior beach and surf wash, fitness center with fitness mezzanine and\noutdoor fitness area, outdoor kitchen with barbecues and sink, various\noutdoor dining areas, and a dog park. A total of 338 parking spaces are\nproposed in a parking structure and surface parking for use by residents and\nguests. CASE NOS.: MULTI-004979-2021, DR-004980-2021, BADJ-004981-\n2021 & CDP-004982-2021; LOCATION: 550 ENCINITAS BLVD (APNs: 258-\n111-16, 258-130-45 & 258-130-34). Environmental Considerations: The\nproject is statutorily exempt from the California Environmental Quality Act\n(CEQA) under Government Code Sections 65583.2(h) and (i), which provide\nthat, if a housing development project is located on a site designated for ’by\nright’ approval, contains at least 20 percent of the units affordable to lower\nincome households, and does not require a subdivision, the City may only\nrequire design review approval of the project, and design review approval\nshall not constitute a "project" under CEQA. The Moonlight Apartments project\nis located in the R-30 Overlay Zone, which is designated for ’by right’ approval\nby Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note 35) and\nproposes that 30 of 202 units (20 percent of 149 base density units),\nexclusive of additional units provided by a density bonus, will be affordable to\nlower income households and does not require a subdivision. The boundary\nadjustment has also been determined to be exempt from environmental\nreview pursuant to CEQA Guidelines Section 15305 a (Minor Alterations in\nLand Use Limitations), which exempts minor lot line adjustments that do not\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930\nresult in the creation of any new parcel. This boundary adjustment is\nconsolidating existing underlying lots and it is not creating a new parcel.\nContact Person: Planner IV Bustamante\nRecommended Action: Deny the appeal and adopt draft City Council\nResolution No. 2023-99 titled, "A Resolution of the City Council of the City of\nEncinitas, California, Denying an Appeal and Affirming the Planning\nCommission's Decision on June 15, 2023 Making the Required CEQA\nFindings and Approving a Density Bonus, Design Review Permit, Boundary\nAdjustment, and Coastal Development Permit to Construct 202 Residential\nUnits and Amenities, Including Grading, Site, and Landscaping Improvements\nand a Temporary Construction Trailer, and Consolidation of Four of the Six\nUnderlying Legal Lots Resulting in Three Remaining Lots for the Property\nLocated at 550 Encinitas Blvd. (CASE NO. MULTI-004979-2021, DR-004980-\n2021, BADJ-004981-2021 AND CDP-004982-2021; APNs: 258-111-16, 258-\n130-45 & 258-130-34)", affirming the Planning Commission's decision to\nadopt Resolution No. PC-2023-14 approving the Density Bonus, Design\nReview Permit, Coastal Development Permit, and Boundary Adjustment with\nconditions.\n2023-09-13 Item 10C Moonlight Appeal - Agenda Report\n2023-09-13 Item 10C Moonlight Appeal - Attachment 01 Resolution\n2023-09-13 Item 10C Moonlight Appeal - Attachment 02 Planning Commission\nReso 2023-14\n2023-09-13 Item 10C Moonlight Appeal - Attachment 03 June 15, 2023 PC\nAgenda Report\n2023-09-13 Item 10C Moonlight Appeal - Attachment 04 Appeal Application\n2023-09-13 Item 10C Moonlight Appeal - Attachment 05 EA Executive\nSummary 5th Cycle Housing Element Update\n2023-09-13 Item 10C Moonlight Appeal - Attachment 06 HCD Letter\n2023-09-13 Item 10C Moonlight Appeal - Attachment 07 Public Notice\n2023-09-13 Item 10C Moonlight Appeal - Attachment 08 Applicant Response -\nPC\n2023-09-13 Item 10C Moonlight Appeal - Attachment 09 Applicant Response -\nCC\n2023-09-13 Item 10C Moonlight Appeal - Attachment 10 Appellant Letter 2023-\n09-01\n2023-09-13 Item 10C Moonlight Appeal - Attachment 11 Applicant Response\n2023-09-06