Monday, January 25, 2016

Planning Commission sends Balour density bonus project back to drawing board

Encinitas Advocate:
The developer of a nine-home subdivision should explore ways to make the project less intrusive, the Encinitas Planning Commission decided Jan. 21 by way of a 4-1 vote.

Commissioners expressed concern that two-story homes in the proposed development at 720 Balour Drive could loom over the existing neighborhood, which is largely made up of one-story houses. So, they asked the developer to share an access road with a church to allow a greater buffer between the subdivision and adjacent houses — or reduce the size of the planned homes’ second story.
This sounds like a lot of discretion, which we thought city didn't have when it came to density bonus projects. If the Planning Commission has this kind of discretion, why hasn't it used it before on projects like the one behind La Especial Norte?

16 comments:

  1. Citizens on Balour are more vocal?

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  2. I'm not familiar with this specific project, but sounds like they will still get the number of homes/lots via the density bonus - but maybe they are applying stricter and more diligent use of the Muni Code Design Review findings for the DR permit portion of the project - as it applies to architecture and plotting. And a more vocal neighborhood can potentially influences PC members votes.

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  3. The city, meaning Planning staff, Planning Commission, and City Council, has always had discretion in making decisions. When discretion is consistently used in only one direction, it becomes abuse of discretion. The balance is being restored. It remains to be seen if this equilibrium between developer interest/profit and public benefit will hold.

    The public finally won one.

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  4. Thank you Planning Commission for listening to the neighbors and all the other dedicated community observers concerns over the massive structures that would have ruined the long time residents backyard privacy and quality of life.

    If only our city council would stand up for this community like the Planning Commission did last week. Now that would be a breath of fresh air.

    Sadly, there is little evidence in the way the council votes, time after time. To do so, should not be a rare circumstance. We elected and trusted them to represent us and that almost never happens by the way the vote goes almost every time at the council meetings. They must be so influenced by developer interests behind the scenes. If only..................

    Hope springs eternal that one of these elections will provide a majority of candidates that are incorruptible. I can only dream of that day. We surely don't have it now.

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  5. Balour folks got lucky because for once the planning commission listened to residents in spite of "staff's" rubber stamp recommendation to approve. The commission is listening, but only because Drakos and Boerner have not yet been indoctrinated. Better hop to, Manjeet!

    This same staff recommended project approval despite the fact that the developer designed the houses too large, then claimed they were an "environmental constraint" and he needed a reduction in design standards, setbacks, you name it. So the developer designed the constraint in, then cried "help!" Staff was only too ready to step in and give it their best effort.

    Balour folks got lucky this round, but staff's pro-developer performance will not only continue, it will ratchet up.

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    1. It wasn't just luck. The neighbors came as a large group, wore identification badges, and spoke clearly to many facets of the application. The unstated fact is that if it got through they would appeal it to the city council, delaying things, and if that failed they had laid grounds to take it to court. Good work citizens!

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    2. They got lucky because had some of the old commissioners still been in place, it would not have made a difference no matter how many residents showed up. They got lucky in the makeup of the current commission. Boerner and Drakos actually see past what staff and the developer is pushing.

      And an appeal to this council is money down the toilet, so is hardly a threat.

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    3. Plus court costs a small fortune and the City counts on residents giving up at that point. So, yes: lucky. So far. Watch the developer come back not having given an inch, having been assured of his "rights" by staff. Sorry, been down this road way too many times.

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  6. Drinking problem at Captain Kenos is out of control. Shut the place down.

    http://m.encinitasadvocate.com/news/2016/jan/26/encinitas-pedstrian-struck-serious-condition/

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  7. Never will happen. One of our councilmens watering hole.

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  8. Yo 10:02, start your own thread!

    More to come on this one - stay tuned, to quote dear, departed Vina.

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  9. There's a drinking problem in America, friend. And it says right in the article the driver wasn't suspected of drunken driving. Drunk driving, drinking too much, it's not the problem of the venue, it's a problem with the drinker....

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    1. Not the driver, the pedestrian. Read it again.

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    2. Point being, if this was a twenty-something who collapsed into the street after exiting Shelter, would you react to the story differently?

      Is it about drinking, or is it about old vs. new, my generation vs. yours?

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    3. More likely the street needs repairing. One news article said the man fell. Another lawsuit for Encinitas.

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  10. The same night as the Balour item, the Leucadia Shell mega expansion was on the agenda.

    Good thing tons of residents were there to scream, because staff (predictably) recommended approval. The applicant did not comply with commissioner demands to come back with more info and staff still angled the project to be approved. Why not ignore and even reward insubordination? Staff's same behavior is rewarded by the "Good job, Brownie" council.

    Staff works for whatever will bring in the most revenue. Screw the residents!

    New commission at least somewhat less likely to follow staff off a cliff. Somewhat.

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