1997-32
I
RESOLUTION NO. PC 97-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ENCINIT AS APPROVING
A COASTAL DEVELOPMENT PERMIT
AND SUBSTANTIAL CONFORMANCE DETERMINATION
TO ALLOW AN IMPROVEMENT TO AN EXISTING CONDOMINIUM UNIT,
LOCATED WITHIN 50 FEET OF THE COASTAL BLUFF EDGE,
WHICH WOULD RAISE THE EXISTING ROOFLINE
APPROXIMATEL YFOUR FEET TO ADD A CLERESTORY WINDOW
FOR PROPERTY LOCATED AT 1734 T A TTENHAM ROAD
IN THE SEA BLUFFE CONDOMINIUM DEVELOPMENT
(CASE NO. 97-085 CDP)
WHEREAS, Steven Weber on behalf of Stephen and Rebecca Proffitt applied for a Coastal
Development Permit and Substantial Conformance Determination to allow an improvement to an
existing condominium unit, located in the existing Sea Bluffe Condominium Development within
50 feet of the coastal bluff, which would raise the existing roofline approximately four feet to add a
clerestory window pursuant to Chapter 30.80 Coastal Development Permits and 30.74 Use Pennits
of the Municipal Code of the City of Encinitas; for property located at 1734 Tattenham Road,
Encinitas, further described as:
Lots 307 and 308 of Sea Bluffe Village in the City of Encinitas, County of San
Diego, State of California, according to the Map thereof No. 7274, filed in the office
of the County Recorder of said County on May 3, 1972.
WHEREAS, a public hearing was conducted on the application by the Planning
Commission on May 22, 1997 and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Project Plans including Site Plan, Floor Plan, and Building Elevations dated April 6,
1997 and dated received by the City of Encinitas on April 24, 1997, consisting of
two sheets total;
b. Geotechnical Letter Report prepared by Skelly Engineering, dated April 7, 1997;
cdIDURPC97085.732 (FINAL. 5/23/97) 1
-~---- n
PASSED AND ADOPTED this 22nd day of May 1997, by the following vote, to wit:
AYES: Commissioners Jacobson, Wells, Lanham and Patton
NAYS: None
ABSENT: Commissioner Bagg
ABSTAIN: None
ice Jacobson, rperson
of the Planning ission
of the City of Encinitas
ATTEST:
- ~~A
.
Sandra Holder, Secretary
cd/DLIRPC97085.732 (FINAL - 5/23/97) 3
ATTACHMENT "A"
RESOLUTION NO. PC-97-32
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT CHAPTER 30.80
AND SUBSTANTIAL CONFORMANCE DETERMINATION
RELATED TO USE PERMITS CHAPTER 30.74
OF THE ENCINIT AS MUNICIPAL CODE
(CASE NO. 97-085 CDP)
Standard: A decision to approve a Coastal Development Permit must be based upon the
written findings found in Section 30.80.090 of the Municipal Code:
1. The project is consistent with the certified Local Coastal Program of the City of
Encinitas; and
2. The proposed development conforms with Public Resources Code 21000 and following
in that there are no feasible mitigation measures or feasible alternatives avallable
which would substantially lessen any significant adverse impact that the activity may
have on the environment.
3. For projects involving development between the sea or other body of water and the
nearest public road, approval shall include a specific finding that such development is
.. in conformity with the public access and public recreation policies of Section 30200 et
seq. of the Coastal Act.
Facts: The subject application includes a Coastal Development Pennit reqúest to allow an
improvement to an existing condominium unit, located in tl:t.e Sea Bluffe Condominium
Development within 50 feet of the coastal bluff edge, which would glÎse the existing
roofline approximately 4 feet to add' a clerestory window. A reqÙèst . to find the
improvement in Substantial Conformance with the original Major Use Pennit (P71-242)
authorized by the County of San Diego for the Sea Bluffe Condominium Development is
included.
The subject site is located within the Coastal Zone, and is located within the Coastal
Commission's Appeal Zone. Upon adoption of the City's Local Coastal Program, the City
was authorized to issue Coastal Development Pennits effective May 15, 1995. As part of
the adoption of the Local Coastal Program, Section 30.34.020B.9 was added to the
Municipal Code which stipulates that if a comprehensive plan (addressing coastal bluff
recession and shoreline erosion problems in the City) is not adopted by November 17, 1995
(subsequently extended to 1996) then no additions or expansions to existing structures shall
be pennitted on coastal bluffiop lots except for minor additions or expansions that comprise
cd/DL/RPC97085.732 (FINAL - 5/23/97) 4
no greater than a 10 percent increase above the existing gross floor area or 250 square feet,
whichever is greater, provided such additions/expansions are located at least 40 feet or
more ftom the bluff edge. Since the subject project does not involve either an addition of
new floor area or an expansion of the residence, the Coastal Commission staff confirmed, in
correspondence dated February 28, 1997, which is on file in the Community Development
Department that the project is not subject to the restrictions cited in Section 30.34.020B.9 of
the Municipal Code. However, pursuant to Chapter 30.80.050A of the Municipal Code and
Section 13250(bXl) of the Commission's Code of Regulations, because the proposed
improvement and the existing residence are located within 50 feet of the edge of a coastal
bluff, the development requires a coastal development permit.
Given the scope of work, both City and Coastal Commission staff determined that a letter
report ftom a geotechnical consultant addressing surcharge to the bluff is acceptable. A
letter report prepared by Skelly Engineering, dated April 7, 1997, was submitted as part of
the subject application which concludes that the proposed roof realignment will add no
surcharge to the bluff and will have no adverse effect on the stability of the bluff. The
geotechnical letter report is acceptable for conformance with the application submittal
requirements of Section 30.34.020D of the Municipal Code.
D~ssioD: Related to Finding No.1, with acceptance of the geotechnical letter report and
approval of the Substaqtial Conformance Determination the project is in conformance with
the pr9visions of the Local Coastal Plan which includes the General Plan and appropriate
chapters of the Municipal Code. Related to Finding No.2, although the project site is
located on the coastal bluff, the scope of work is minimal, whereby there are no potentially
significant adverse impacts associated with this project, therefore finding No.2 is not
applicable. Related to Finding No.3, the subject site is located on the west side of
Tattenham adjacent to the coastal bluff. Although there is a stairway providing private
beach access within the Sea Bluffe Condominium Development, which was authorized by
the County of San Diego, the project &ite does not currently provide public access to the
shore, and the project does not propose any public access or public recreational facilities.
Public access or public recreational facilities are not feasible since the project is within a
private, gated condominium project which maintains private roads (as authorized by the
County of San Diego). Therefore no condition requiring public access is imposed with the
project. Public access to the shore is available in the vicinity to the south with the
Grandview Beach Access and to the north with the Ponto State Beach. Since there was not
public access through the property prior to this application, the ability of the public to
access the shore is not adversely impacted with this application.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) that required rIDding No.2 is
not applicable since no significant adverse impact is associated with the project; and 3) the
providing of public access or recreational facilities is not feasible or appropriate for a
project of this scale.
cd/DLlRPC97085.732 (FINAL - 5/23/97) 5
Standard: Pursuant to Section 30;74.105 of the Municipal Code the following findings shall
be made in order to rmd project plans in substantial conformance with aa approved Use
Permit:
1. No project condition is changed or deleted;
2. No feature, facility or amenity is deleted or substantially altered which had
been considered essential to the project's quality, safety or function by the decision
making body;
3. No additional lots or dwelling units are added;
4. No private or public open space is reduced in area or in its potential for use
and enjoyment;
5. The shape and bulk of structures, exterior building materials, landscaping,
parking and access are substantially in conformance with the spirit and intent of the
Use Permit decision;
6. The grading plan will not increase or decrease the final grade on any part of
the site by more than three (3) feet over or under the plan approved by the Use Permit
decision, unless the Director finds that the project is not substantially altered by the
grading change; and
7. No significant changes are made which, in the opinion of the Director, should
be reviewed by the body which approved the original Use Permit application.
FACTS: The applicant is requesting a determination of substantial conformance to allow
the addition of a clerestory window and replacement of the sliding glass door along the
west elevation of an existing unit within the Sea Bluffe Condominium Development. No
additional floor area is proposed. The improvement will require modification of the
existing pitched roof resulting in a foUÌ' foot increase in height to the lower roof at the
west elevation.
In reviewing the subject modification, three issues were considered: 1) design, 2)
technical compliance with zoning standards, and 3) potential impacts to adjacent
properties.
DISCUSSION: With respect to, desi2I1. it has been detennined that the improvement
will utilize white vinyl names for the new window and sliding glass door, plywood
siding and wood trim, in grey tones, constructed to match the existing structure and the
other condominium units in the complex.
cdIDURPC97085.732 (FINAL - 5/23/97) 6
. .
The technical standards concerning lot coverage and floor area ratio will not be affected
as the project proposes no new floor area. The project also complies with applicable
height standards. The project will still maintain the 35 foot coastal bluff setback
currently maintained by the subject unit. No grading will occur in association with the
subject project. No potential impacts to adjacent properties have been identified.
CONCLUSION: The Planning Commission finds the proposed improvement to the
existing residence at 1734 Tattenham Road to be in substantial conformance with San
Diego County Use Permit No. P71-242.
cdIDURPC97085.732 (FINAL - 5/23/97) 7
ATTACHMENT "B"
RESOLUTION NO. PC-97-32
CONDITIONS OF APPROVAL
Applicant: Steven Weber on behalf of Stephen and Rebecca'Proffitt
Case No.: 97-085 CDP
Subject: Conditions of approval for a Coastal Development Permit and Substantial
Conformance Determination request to allow an improvement to an existing
condominium unit, located in the Sea Bluffe Condominium Development within 50
feet of the coastal bluff edge, which would raise the existing roofline approximately
4 feet to add a clerestory window.
Location: 1734 Tattenham Road
A. SPECIFIC CONDITIONS
The conditions of approval pursuant to the San Diego County approval of Major Use Permit
No. P71-242 dated effective August 30, 1971 still apply to the subject development, the
conditions contained herein augment the original conditions of approval.
B. GENERAL CONDITIONS
. 1. This approval will expire in two years, on May 22, 1999, at 5:00 p.m., unless the
conditions have been met or an extension has been approved by the Authorized
Agency.
2. This approval may be appealed to the City Council within 15 calendar days nom the
date of this approval. This approval by the Planning Commission is also appealable
to the Coastal Commission. Appeals to the Coastal Commission must be filed
within 10 working days after the Coastal Commission has received mailed notice of
final local action. Applicants will be notified by the Coastal Commission as to the '
date of when the Commission's appeal period concludes.
3. At all times during the effective period of this pennit, the applicant shall obtain and
maintain in valid force and effect, each and every license and pennit required by a
governmental agency for the operation of the authorized activity.
4. At no time during the effective period of this pennit shall the applicant be
delinquent in the payment of lawful assessments relating to the property which is
the subject of this pennit.
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5. In the event that any of the conditions of this permit are not satisfied, the
Community Development Department ~hall cause a noticed hearing to be set before
the authorized agency to determine why the City of Encinitas should not revoke this
permit.
6. Upon a showing of compelling public necessity demonstrated at a noticed hearing,
the City of Encinitas, acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this permit.
7. Nothing in this permit shall relieve the applicant nom complying with the
conditions and regulations generally imposed upon activities similar in nature to the
activity authorized by this permit.
8 Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that specifically described in this pennit.
9. Approval of this request shall not waive compliance with any sections of the Zoning
Code and all other applicable City Ordinances in effect at the time of construction
unless specifically waived herein.
10. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect at the
time of building permit issuance if applicable.
11. Project is conditionally approved as submitted as evidenced by the Project Plans
including Site Plan, Floor Plan, and Building Elevations dated April 6, 1997 and
dated received by the City ofEncinitas on April 24, 1997, consisting of two sheets
total, and signed by a City Official as approved by the Planning Commission on
May 22, 1997, and shall not be altered without Community Development
Department review and approval.
12. The applicant shall pay development fees at the established rate. Such fees may
include but shall not be limited to: Permit and Plan Checking Fees, School Impact
Fees, Water and Sewer Service Fees, Traffic Impact Fees and Drainage Fees.
Arrangement shall be made to the satisfaction of the appropriate department or
agency to pay the fees prior to Building Permit issuance.
THE APPLICANT SHALL CONTACT THE ENCINITAS BUILDING DIVISION
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
cd/DLIRPC97085;732 (JiINAL - 5/23/97) 9
C. BUILDING
The applicant shall submit a complete set of construction plans to the Building Division
for plan check processing. Construction plans shall include a site plan, a foundation plan,
a floor ftaming plan, a floor plan, section details, exterior elevations, and materials
specifications. Submitted plans must show compliance with the latest adopted editions of
the California Building Code (The Uniform Building Code with California Amendments,
the California Mechanical, Electrical. and Plumbing Code). Commercial and multi-
residential construction must also contain details and notes to show compliance with
State disabled accessibility mandates. These comments are preliminary only. A
comprehensive plan check will be completed prior to permit issuance and additional
technical code requirements may be identified and changes to the originally submitted
plans may be required.
THE APPLICANT SHALL CONTACT THE ENCINIT AS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
D. FIRE
Prior to building permit issuance. the applicant shall submit a letter ftom the Fire
Department to the Department of Community Development stating that all fees, including
plan check reviews and/or cost recovery fees, have been paid or secured to the satisfaction
of the Encinitas FireDepartment.
APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
E. En2ineerine:
All City Codes, regulations, and policies in effect at the time of building permit issuance
shall apply.
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