City Council

10B. Public Hearing to consider a timely-filed appeal of the Development Services Director’s approval of a time extension for the Clark Avenue Apartments project that approved a 199-unit residential development with associated site improvements. CASE NOS.: MULTI-007384-2024, EXT-007415-2024, CDPNF-007414-2024; LOCATION: 662, 672, & 682 Clark Avenue and 556 Union (APNs: 256-171-25). Environmental Considerations: The extension of time has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3). This section exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project was determined to be 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 Clark Avenue Apartment project is statutorily exempt from CEQA in that it 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), proposes that 40 of 199 units, exclusive of additional units provided by a density bonus, will be affordable to lower income households; and does not require a subdivision. There are no proposed changes to the project as originally approved. Contact Person: Senior Planner Bustamante Recommended Action: Deny the appeal and adopt the draft City Council Resolution No. 2024-123 titled, "A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Determination of the Director of Development Services to Grant an Extension of Time to Extend the Expiration of the Approval of Case No. MULTI-004609-2021, Located at 662, 672, and 682 Clark Avenue and 556 Union Street" affirming the Development Services Director's decision to approve an extension of time. 2024-11-13 Item 10B Clark Ave Apartments Appeal - Agenda Report 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 1 Draft City Council Resolution No. 2024-123 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 2 Time Extension Application 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 3 Time Extension Notice of Decision 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 4 Appeal 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 5 AB 2729 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 6 Time Extension Public Notice 2024-11-13 Item 10B Clark Ave Apartments Appeal