Council upholds Planning Commission approval for Camino Apartments; adds nesting-bird condition

The Encinitas City Council on Jan. 15 declined an appeal of the Planning Commission’s approval of the Camino Apartments — a proposed four‑story, 87‑unit development on El Camino Real — allowing the Planning Commission decision to stand.

Senior Planner Esteban Dana summarized staff findings, including a biological technical report by Helix Environmental Planning that concluded the site is “nearly surrounded by existing development” and not part of a regional wildlife corridor. The report said the site may host common nesting birds and recommended pre‑construction surveys during the nesting season (Jan. 15–Sept. 15) to comply with the Migratory Bird Treaty Act and the California Fish and Game Code. Dana said staff added a condition of approval to memorialize those legal obligations.

The appellant, identified in the record as Ruben Flores, submitted a prerecorded presentation to council saying he learned of the project only shortly before the Planning Commission hearing and raising two appeal points: the need for a mitigation plan for migratory birds and a claim that two Torrey pine trees on the site were naturally occurring and should be retained. Flores said he met the applicant but had limited time to prepare materials for the Planning Commission hearing. “I only learned about the development the day before it was coming to the planning commission,” Flores said in the recording.

Applicant representative Brian Grover said the developer and staff had prepared a biological technical report and that pre‑construction nesting‑bird surveys are already standard practice. “A nesting bird survey is a very typical preconstruction requirement,” Grover told the council, and he said the applicant will comply. Grover also said the two Torrey pines were planted as part of past grading and landscaping; staff produced 1987 grading and landscape plans that show Torrey pines were put on the manufactured slope. Council members reviewed those plans during the hearing.

Council member Schafer cited the landscaping records and said the evidence indicates the Torrey pines were artificially planted after the grading work in the late 1980s; Schafer moved to deny the appeal and add a condition of approval memorializing compliance with federal and state laws protecting nesting birds. The motion was seconded.

After public comment — several residents spoke both for and against the project on aesthetics, parking and environmental issues — the council concluded the appeal did not present legal grounds to overturn the Planning Commission’s findings. City staff and the applicant confirmed the project will replace the two Torrey pines with five new Torrey pines as part of the approved landscaping plan. The council recorded that the Planning Commission approval stands; staff said the added condition will require pre‑construction nesting surveys to ensure compliance with the Migratory Bird Treaty Act and the California Fish and Game Code.

The record shows the council’s action leaves the Planning Commission approval in place. The city attorney said staff will confirm the council’s required vote threshold for the supplemental condition and report back.

The council did not specify a numeric roll-call tally for the final determination in the transcript; the clerk recorded the Planning Commission decision as standing at the end of the hearing.