City Council

10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL-008659- 2026) of the Planning Commission’s denial of a concession and imposition of conditions requiring construction of frontage improvements for a 120-unit multi-family apartment development on a 5.23-acre vacant site. The project is located on the south easterly corner of Sage Canyon Drive and El Camino Real. Environmental Considerations: The project is statutorily exempt from CEQA under Government Code Sections 65583.2(h) and (i), which provide that, if a 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 is not requesting a subdivision, the City of Encinitas may only require design review and coastal development permit approval of the project, and approval shall not constitute a "project" under CEQA. The State Department of Housing and Community Development, in their letter to the City of Encinitas dated October 8, 2019, stated that the "20 percent calculation is based upon the total number of units in the development exclusive of additional units provided by a density bonus." The Sage Canyon 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 24 of 120 units (20 percent of base density), will be affordable to lower income households; and is not requesting a subdivision.Contact Person: Senior Planner Bustamante Recommended Action: Deny the appeal and adopt the draft City Council Resolution No. 2026-14 titled, "A Resolution of the City Council of the City of Encinitas, California Denying An Appeal Filed By Dennis Szuberia and Affirming the Planning Commission's Approval of a Density Bonus, Waivers, Design Review Permit and Coastal Development Permit for the Construction of 120 Multi-Family Residential Units (24 Low-Income and 96 Market Rate Units) and Amenities Within One Building Including Grading, Landscaping Site Improvements and a Temporary Construction Trailer, Denying a Concession Request and Recommending Approval of Reduced Public Improvements on El Camino Real. Located on a Vacant Lot Located East of South El Camino Real, South of Sage Drive and North of Manchester Avenue. (APN 260-061- 85) (CASE NO. MULTI-007196-2024, DR-007229-2024, SRVRQST-007232- 2024, CDP-007230-2024 and APPEAL-008959-2026)" affirming the Planning Commission's decision to adopt Resolution No. PC 2025-36 approving the density bonus, waivers, design review permit, and coastal development permit (Case No. MULTI-007196-2024, DR-007229-2024, CDP-007230-2024) with conditions, and denying the requested concession. Based on the City's adopted appeal procedures and described further in the "conclusion" section of this report, at the public hearing, the City Council shall receive and consider the public hearing staff report, which will include the materials submitted to the Planning Commission, the resolution setting forth proposed findings, conclusions and determinative actions; timely filed written positions with arguments, documents, information, exhibits, letters, photos, charts, diagrams, or videos; and staff responses to material filed. No other materials shall be received or considered at the public hearing. The City Council shall only receive and consider the following oral presentations: the oral staff report, an oral presentation from the appellant or appellant representative and oral comments from any member of the public present at the hearing. The City Council may ask questions of City staff or any speaker in order to clarify information and shall consider an oral rebuttal/summation from the appellant and the appellant's representative, if any. The City Council may ask questions of the rebuttal/summation speaker in order to clarify information. 2026-02-25 Item 10A Agenda Report Sage Canyon Appeal 2026-02-25 Item 10A Attachment 01 Draft City Council Resolution 2026-14 2026-02-25 Item 10A Attachment 02 Planning Commission Reso 2025-36 2026-02-25 Item 10A Attachment 03 Part 1 of 4 Agenda Report PC Dec 18, 2025 +Attachments 2026-02-25 Item 10A Attachment 03 Part 2 of 4 Agenda Report PC Dec 18, 2025 +Attachments 2026-02-25 Item 10A Attachment 03 Part 3 of 4 Agenda Report PC Dec 18, 2025 +Attachments 2026-02-25 Item 10A Attachment 03 Part 4 of 4 Agenda Report PC Dec 18, 2025 +Attachments 2026-02-25 Item 10A Attachment 04 Memorandum from the City Engineer 2026-02-25 Item 10A Attachment 05 Appeal 2026-02-25 Item 10A Attachment 06 2013-2021 Housing Element - EA Traffic 2026-02-25 Item 10A Attachment 07 Public Notices 2026-02-25 Item 10A Agenda Report Sage Canyon Appeal - Correspondence