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;
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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")
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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
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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.
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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·
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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.
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(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.
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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
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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.
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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.
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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.
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