City Council

12A. Council initiated item from Council Member Jim O’Hara regarding Clark Avenue Apartments - Fire Apparatus Access Compliance and SB 35 Eligibility. Environmental Considerations: This action is exempt from CEQA as it is not a "project" under CEQA Guidelines § 15378(b)(5). It directs staff to evaluate and enforce existing code requirements and does not itself authorize construction or a physical change to the environment. Contact Person: Council Member O’Hara Recommended Action: 1) Place the residents' August 6, 2025 demand letter into the official record and agendize it for full Council review; 2) Suspend further permit processing for the Clark Avenue Apartments until full compliance with Encinitas Municipal Code § 321.3 is demonstrated, or a lawful modification under California Fire Code § 104.8 is produced with the required findings; 3) Evaluate the project's eligibility under SB 35 in light of the fire code deviations and AMMR requirement; 4) Initiate CEQA review of the project, consistent with its discretionary status; and 5) Report back to Council on corrective steps and the potential legal exposure if the City continues ministerial processing despite these deviations from both the procedural requirements and the substantive provisions of the Encinitas Municipal Code and California Fire Code. 2025-08-27 Item 12A Council Initiated item from CM O’Hara regarding Clark Avenue 2025-08-27 Item 12A Council Initiated item from CM O’Hara regarding Clark Avenue - Public Comment