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1991-12RESOLUTION NO. PC-91-12 REBOLUTION OF THE ENCINITAS PLANNING CO~IZBBZON APPROVING A N~JOR USE PER)lIT MiD CERTIFYING A NEGATIVE DECLARJ~TION TO ALLO# CONSTRUCTION OF A PUBLIC BEACH ACCESS STAIRWAY AND BLUFF STABILIZATION IMPROVF~ENTB FOR PROPERTY LOCATED AT 1700 NEPTUNE AVENUE AND CON~fONLY REFERRED TO AB THE GRANDVIE~ BEACH ACCESS (CASE NUMBER 90-231 MUP/EIA) WHEREAS, a request for consideration of a Major Use Permit was filed by the City of Encinitas to allow construction of a public beach access stairway within the Ecological Resource/Open Space/Parks zone and Coastal Bluff Overlay Zone, as per Chapter 30.34 and 30.74 of the City of Encinitas Municipal/Zoning Codes, for the property located at 1700 Neptune Avenue in Leucadia, legally described as: (SEE ATTACHMENT "A") WHEREAS, a public hearing was conducted on the application on December 6, 1990 by the Leucadia Community Advisory Board, and all persons desiring to be heard were heard; and WHEREAS, a public hearing was held by the Planning Commission on March 28, 1991, and all persons desiring to be heard were heard; and WHEREAS, limitation: 1. the Planning Commission considered without The Leucadia Community Advisory Board staff report dated November 28, 1990 and Planning Commission staff report dated March 21, 1991; DL/03/CMlS-2517wp5 (4-2-91-5) 2. The application, and site plan and cross section dated August 13, 1990; 3. The March 4, 1988 Geotechnical Study and January 9, 1991 Response to Third Party Review prepared by Woodward Clyde Consultants; 4. The December 5, 1990 Third Party Review and the February 1, 1991 Review of Third Party Review Response prepared by Zeiser Geotechnical, Inc.; 5. The Environmental Review Materials prepared by the City's Environmental Consultant; 6. Oral evidence submitted at the hearings; 7. Written evidence submitted at the hearings; and WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.74 and 30.34 of the Encinitas Municipal Code: (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that Major Use Permit application 90-231 MUP/EIA is hereby approved; and the associated Negative Declaration contained herein as Exhibit I is hereby Certified, subject to the following conditions: (SEE ATTACHMENT "C") DL/03/CM18-2517wp5 (4-2-91-5) PASSED AND ADOPTED this 28th day of March, 1991, by the AYES: following vote, to wit: / Bagg, Dean, Lanham, Rotschek and St~mpf NAYS: None None None ABSENT: ABSTAIN: LestE . Bagg, Chairman of the Planning Commission ATTEST: · Murphy Secretary DL/03/CM18-2517wp5 (4-2-91-5) ATTACHMENT "A" LEGAL DESCRIPTION 1700 NEPTUNE AVENUE APN: 254-430-09 and 10 Easement for Public Vehicular Parking over all of Lot 430 of Sea Bluffe Village, in the County of San Diego, State of California, according to Map thereof No. 7274 filed in the Office of County Recorder of San Diego County, May 3, 1972. Easement for Public Pathway and Beach Access Purposes over all of Lot 431 of Sea Bluffe Village, in the County of San Diego, State of California, according to Map thereof No. 7274 filed in the Office of the County Recorder of San Diego County, May 3, 1972. DL/03/CM18-2517wp5 (4-2-91-5) ATTACHMENT "B" RESOLUTION NO. PC 91-12 FINDINGS FOR A USE PERMIT CHAPTER 30.74 AND FINDINGS FOR DEVELOPMENT IN THE COASTAL BLUFF OVERLAY ZONE CHAPTER 30.34 OF THE ENCINITAS MUNICIPAL CODE (CASE NO. 90-231 MUP/EIA) I. Section 30.74.040 - Use Permit The location, size design or operating characteristics of the proposed project will be compatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: The adequacy of public facilities, services and utilities to serve the proposed project; The suitability of the site for the type and intensity of use or development which is proposed; and The harmful effect, if any, upon environmental quality and natural resources of the City; and Evidence: The geotechnical reports for the project indicate that this project will not adversely impact adjoining uses. To the contrary, by improving public access to the beach, this project will materially benefit adjoining uses by eliminating the need for beach-goers to trespass onto private property· Be The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code; and Evidence: The proposed project, as modified, does conform to General Plan policies and Zoning Code requirements by improving public access to the beach and enhancing a recreational amenity. Ce The project complies with all other regulations, conditions or policies imposed by this Code. Evi4e~ce: This project will comply with all zoning code requirements pertinent to the type of development proposed since the resolution contains standard and specific conditions that must be satisfied to approve this project· DL/03/CM18-2517wp5 (4-2-91-5) II. Section 30.34.020 (C) (2) Development Processing and Approval coastal bluff Overlay Zone. When a preemptive measure is proposed, the following findings shall be made: (1) The proposed measure must be demonstrated in the soils and geotechnical report to be substantially effective for the intended purpose of bluff erosion/failure protection, within the specific setting of the development site's coastal bluffs. Evidenoe: The geotechnical report accompanying this application clearly demonstrates the techniques proposed for this project will be substantially effective for the purpose of bluff protection. (2) The proposed measure must be necessary for the protection of a principal structure on the blufftop to which there is a demonstrated threat as substantiated by the geotechnical report. Evidence: Again, the geotechnical report gives the geological basis for the need to protect the access structure with the protection device. It is clear that bluff stabilization is necessary as evidenced by damage to the previously constructed stairway. (3) The proposed measure will not directly or indirectly cause, promote or encourage bluff erosion or failure, either on site or for an adjacent property, within the site-specific setting as demonstrated in the soils an geotechnical report. Protection devices at the bluff base shall be designed so that additional erosion will not occur at the ends because of the device. ~vide~ce: The accompanying geotechnical report does not indicate potential adverse impacts created by the protection device either on-site or off-site. (4) The proposed measure in design and appearance must be found to be visually compatible with the character of the surrounding area; where feasible, to restore and enhance visual quality in visually degraded areas; and not cause a significant alteration of the natural character of the bluff face. Evidencm: The design, utilizing sprayed or sculpted concrete to match the existing appearance of the bluff face in color and texture and the use of native drought tolerant plant species, will be visually compatible with the character of the surrounding area. DL/03/CM18-2517wp5 (4-2-91-5) (5) The proposed device/activity will not serve to unnecessarily restrict or reduce the existing beach width for use or access. Evidence: By protecting the stair structure, the erosion control device will enhance public access to and enjoyment of the coastal area. DL/03/CM18-2517wp5 (4-2-91-5) ATTACHMENT "C" Applicant: Case No.: Subject: City of Encinitas 90-231 MUP/EIA Conditions of approval for a Major Use Permit to allow the construction of a public beach access stairway and bluff stabilization improvements. Location: 1700 Neptune Avenue; commonly referred to as Grandview Beach Access I. SPECIFIC CONDITIONS ae The final design plan shall be reviewed and approved by Woodward-Clyde Consultants (WCC) or another geotechnical consultant to assure that the recommendations included in the geotechnical report by WCC, dated March 4, 1988, have been included in the design drawings. Bo Additionally, the final design plans shall be reviewed by Zeiser Geotechnical, Inc., or by another third party consultant prior to construction. Ce WCC or another geotechnical consultant shall make field inspections of the site during the construction of the project to assure that field conditions encountered are consistent with the understandings incorporated into the design reports. An as-built report which outlines steps taken during construction by the geotechnical consultant to assure consistency with the original recommendations made in the geotechnical report shall be submitted to the Community Development Department. Ee A bicycle rack or bicycle lockers which can accommodate at least five bicycles shall be installed at the entrance area of the project. Fo The Community Services Department shall annually monitor the erosion rate on both sides of the proposed concrete wall to ensure that no additional measures are needed. If erosion is occurring that may eventually expose the cliff wall remedial measures shall be made to prevent the erosion. Said measures shall be reviewed and approved by the Community Development Department and/or the Engineering Department prior to implementation. Go The Community Services Department shall be responsible to ensure that the mitigation measures and mitigation monitoring program contained in Exhibit I of this document shall be adhered to. DL/03/CM18-2517wp5 (4-2-91-5) He The tree species selected for the entry planter shall be of a drought tolerant variety. A temporary drip irrigation system shall be installed for the plantings. Said system shall be removed when the plantings have been established. The plantings shall all be of a drought tolerant variety. Je The Community Service Department shall monitor the irrigation systems to ensure that no over-watering occurs. II. STANDARD CONDITIONS 1. GENERAL CONDITIONS ae This approval will expire in two years, on March 28, 1993, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. Be This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Ce At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. De In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. 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. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. DL/03/CMlS-2517wp5 (4-2-91-5) Go Je Ke ne Me Ne Oe Pe Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of construction unless specifically waived herein. The applicant shall comply with the latest adopted Uniform Building Code, Title 24 of the California Building Standards, 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 construction unless specifically waived herein. Permits from other agencies will be required as follows: Coastal Commission Project is approved as submitted/modified as evidenced by the site plan and a cross section dated August 13, 1990 and signed by a City Official as approved by the Planning Commission on March 28, 1991 and shall not be altered without Planning and Community Development Department review and approval. The Engineering Department shall review construction plans prior to construction. the Maintenance of the approved stairway structure and the bluff stabilization improvements is permitted as deemed necessary by the City Engineer. The applicant shall request that the Park and Recreation Commission and City Council designate and permit posting that the parking lot and beach access is closed from 10:00 p.m. to 6:00 a.m. A solid screen is to be constructed along the southern property line of the site to a point where visual impact of people using the stairs will not be visible from the first floor of the neighboring residence. A shower facility is to be added at the base of the stairs when water conditions so permit. A water line to serve the shower shall be installed as part of construction. DL/03/CM18-2517wp5 (4-2-91-5)