Planning commission approves Westin Residence coastal permit after questions on EIR mitigation and ADU setbacks

The Encinitas Planning Commission on Feb. 18 approved a coastal development permit for the Westin Residence at 2087 West Pearl Street, a 2,050‑square‑foot single‑story house with a 400‑square‑foot detached accessory dwelling unit. The commission voted 5‑0 to adopt the draft resolution and the staff environmental determination.

Planner Megan McKeilfish presented the proposal and told the commission the project is consistent with prior approvals tied to the La Costa 48 subdivision and that the construction of a single‑family home and ADU is exempt from CEQA under section 15303(a). "The project request is for the construction of a new 2,050 square foot, one‑story single family residence ... and a 400 square foot detached accessory dwelling unit," McKeilfish said.

Commissioner Bob Prendergast pressed staff on repeated references to the earlier environmental impact report (EIR) for La Costa 48 and whether the project’s mitigation measures and the mitigation monitoring and reporting program (MMRP) are adequately tied to the resolution. Prendergast noted the staff report cited the prior EIR multiple times but did not list specific mitigation measures in the resolution. "A lot of it is just for me to read in terms of going back and looking at the cross reference to the EIR," he said, urging clearer cross‑references so an outsider could find the applicable sections.

Senior planner Christina Bustamante said the mitigation measures in the EIR are enforceable at later, post‑discretionary stages such as the grading permit review and that the environmental determination in the staff report notes the project will comply with the EIR. "They're not adding to, they're not taking away, they're gonna comply with that EIR," Bustamante said.

Bart Smith, the project architect, representing the Weston family (the parcel owners), told the commission the ADU sits "4 feet from an 8‑foot high sound wall" and that prior mitigation and a voluntary action plan had been completed by Toll Brothers during their development phase. Smith said the Department of Environmental Health had approved the mitigation work and that the project would not introduce new hazardous materials issues.

After clarifying that the ADU is a detached ADU (and therefore a ministerial/by‑right accessory unit under state law, with a 4‑foot setback allowed from the top of the bluff), the commission closed public comment, moved to deliberation and approved the permit 5‑0. The staff record and resolution will remain the basis for future permit enforcement and the commission indicated staff could add a sentence to the resolution clarifying that EIR mitigations and the MMRP must be complied with during subsequent permit stages.

The hearing record shows no public speakers on this item and staff confirmed a voluntary action plan associated with prior subdivision work had been completed and need not be re‑submitted by the current property owner. The commission’s approval covers only the coastal development permit as presented; grading and other post‑discretionary permits remain subject to standard review and enforcement requirements.