City Council

10C. Public Hearing to consider a timely-filed appeal of the Planning Commission’s approval of a Density Bonus, Design Review Permit, Coastal Development Permit, and Boundary Adjustment for the construction of a multi-family residential development consisting of 202 residential apartments (172 market rate and 30 low-income units) within one building including private amenity and common open space, grading improvements exceeding four (4) feet of fill and eight (8) feet of cut, and landscaping improvements, the use of a temporary construction trailer, and consolidation of four (4) of the six (6) underlying legal lots resulting in three (3) remaining lots. Proposed amenities include a pool, spa, a shared California Room (an indoor-outdoor living space), a variety of outdoor seating types to accommodate all residents, gaming plaza, bike storage, bike/vehicle charging stations, meditation studio, exterior beach and surf wash, fitness center with fitness mezzanine and outdoor fitness area, outdoor kitchen with barbecues and sink, various outdoor dining areas, and a dog park. A total of 338 parking spaces are proposed in a parking structure and surface parking for use by residents and guests. CASE NOS.: MULTI-004979-2021, DR-004980-2021, BADJ-004981- 2021 & CDP-004982-2021; LOCATION: 550 ENCINITAS BLVD (APNs: 258- 111-16, 258-130-45 & 258-130-34). Environmental Considerations: The project is statutorily exempt from the California Environmental Quality Act (CEQA) under Government Code Sections 65583.2(h) and (i), which provide that, if a housing development project is located on a site designated for ’by right’ approval, contains at least 20 percent of the units affordable to lower income households, and does not require a subdivision, the City may only require design review approval of the project, and design review approval shall not constitute a "project" under CEQA. The Moonlight Apartments project is located in the R-30 Overlay Zone, which is designated for ’by right’ approval by Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note 35) and proposes that 30 of 202 units (20 percent of 149 base density units), exclusive of additional units provided by a density bonus, will be affordable to lower income households and does not require a subdivision. The boundary adjustment has also been determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15305 a (Minor Alterations in Land Use Limitations), which exempts minor lot line adjustments that do not 9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930 result in the creation of any new parcel. This boundary adjustment is consolidating existing underlying lots and it is not creating a new parcel. Contact Person: Planner IV Bustamante Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2023-99 titled, "A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Planning Commission's Decision on June 15, 2023 Making the Required CEQA Findings and Approving a Density Bonus, Design Review Permit, Boundary Adjustment, and Coastal Development Permit to Construct 202 Residential Units and Amenities, Including Grading, Site, and Landscaping Improvements and a Temporary Construction Trailer, and Consolidation of Four of the Six Underlying Legal Lots Resulting in Three Remaining Lots for the Property Located at 550 Encinitas Blvd. (CASE NO. MULTI-004979-2021, DR-004980- 2021, BADJ-004981-2021 AND CDP-004982-2021; APNs: 258-111-16, 258- 130-45 & 258-130-34)", affirming the Planning Commission's decision to adopt Resolution No. PC-2023-14 approving the Density Bonus, Design Review Permit, Coastal Development Permit, and Boundary Adjustment with conditions. 2023-09-13 Item 10C Moonlight Appeal - Agenda Report 2023-09-13 Item 10C Moonlight Appeal - Attachment 01 Resolution 2023-09-13 Item 10C Moonlight Appeal - Attachment 02 Planning Commission Reso 2023-14 2023-09-13 Item 10C Moonlight Appeal - Attachment 03 June 15, 2023 PC Agenda Report 2023-09-13 Item 10C Moonlight Appeal - Attachment 04 Appeal Application 2023-09-13 Item 10C Moonlight Appeal - Attachment 05 EA Executive Summary 5th Cycle Housing Element Update 2023-09-13 Item 10C Moonlight Appeal - Attachment 06 HCD Letter 2023-09-13 Item 10C Moonlight Appeal - Attachment 07 Public Notice 2023-09-13 Item 10C Moonlight Appeal - Attachment 08 Applicant Response - PC 2023-09-13 Item 10C Moonlight Appeal - Attachment 09 Applicant Response - CC 2023-09-13 Item 10C Moonlight Appeal - Attachment 10 Appellant Letter 2023- 09-01 2023-09-13 Item 10C Moonlight Appeal - Attachment 11 Applicant Response 2023-09-06