City Council

10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL-007854- 2025) of the Development Services Department Director’s approval of an agricultural permit to establish a community garden, allow small animal keeping of 26 to 100 animals, small-scale agricultural production, and a temporary food stand selling associated agricultural products for the property located at 3563 and 3559 Fortuna Ranch Road (APN 264-101-36). Environmental Considerations: The project has been determined to be categorically exempt pursuant to the following California Environmental Quality Act (CEQA) Guidelines Sections. * Section 15301 exempts the operation, repair, maintenance, permitting, licensing of private structures, and mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The subject property is developed with a single-family residence, an accessory dwelling unit (ADU), and associated site improvements. The proposed community garden, animal keeping, small-scale agricultural production, and food stand are accessory to the existing primary single-family residence. The primary single-family residence is maintained onsite, and the project involves no expansion of the existing use beyond that existing at the time of the lead agency’s environmental determination. * Section 15303 exempts construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The project meets the criteria of this exemption. Small accessory structures are used onsite to support the primary single-family residence and/or operation of the proposed community garden, small animal keeping, small-scale agricultural production, and temporary food stand. The construction and location of these small structures will not have any significant impacts on the environment. * Section 15304 exempts minor private alterations in the condition of land and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The project includes minor alterations to the land of an existing private property that is currently developed with a single-family residence, an ADU, and associated site improvements. The agricultural permit scope involves the operation of a community garden, small animal keeping, small-scale agricultural production, and temporary food stand (not to exceed 120 square feet), as accessory uses to the primary single-family use. No healthy, mature scenic trees are proposed for removal as part of the project scope. The project meets the criteria of this exemption. None of the exceptions in Section 15300.2 of the CEQA Guidelines exists and no historical resources will be impacted by the proposed use. Contact Person: Associate Planner Dichoso Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2025-30 titled, "A Resolution of the City Council of the City of Encinitas, California Denying the Appeal and Affirming the Development Services Department Director's Decision Approving an Agricultural Permit Authorizing a Community Garden, Allow Small Animal Keeping of 26 to 100 Animals, Small-Scale Agricultural Production, and a Temporary Food Stand Selling Associated Agricultural Products Located at 3563 and 3559 Fortuna Ranch Road (CASE NO. APPEAL-007854-2025; APN 264-101-36)" affirming Development Services Department Director's Decision No. 2025-07 approving the agricultural permit (Case No. AG-006986-2024) with conditions. 2025-03-26 Item 10A Agenda Report 007854-2025 APPEAL (Sugarman Ag - Filips) 2025-03-26 Item 10A Attachment 01 Proposed City Council Resolution No. 2025-30 (Appeal Denial) 2025-03-26 Item 10A Attachment 02 006986-2024 AG (3563 Fortuna Ranch Rd - Sugarman Ag Farm) 2025-07 (with Site Plan) 2025-03-26 Item 10A Attachment 03 25-01-27 Appeal Sugarman - Gary Filips 2025-03-26 Item 10A Attachment 04 CPP Final Report - Sugarman 2025-03-26 Item 10A Attachment 05 1972-340331 Parcel 2 2025-03-26 Item 10A Attachment 06 Legal Notice 2025-03-26 Item 10A Attachment 07 Applicant Presentations and Supplemental Materials 2025-03-26 Item 10A Attachment 08 Appellant Presentations and Supplemental Materials 2025-03-26 Item 10A Attachment 09 Public Correspondence Received 2025-03-26 Item 10A 007854-2025 APPEAL (Sugarman Ag - Filips) - Public