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1992-20RESOLUTION NO. PC-92-20 RESOLUTION OF THE ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT AND CERTIFYING A NEGATIVE DECLARATION TO ALLOW ANAS-BUILT SEAWALL AT THE BASE OF THE COASTAL BLUFF FOR PROPERTY LOCATED AT 1118 NEPTUNE AVENUE (CASE NUMBER 90-052 MUP/EIA) WHEREAS, a request for consideration of a Major Use Permit was filed by Ted Stroscher to allow an as-built seawall at the base of the coastal bluff within the R-ii Zone and Coastal Bluff Overlay Zone, as per Chapters 30.34 and 30.74 of the City of Encinitas Municipal Code, for the property located at 1118 Neptune Avenue in Leucadia, legally described as: (SEE ATTACHMENT "A") WHEREAS, a public hearing was held by the Planning Commission on July 30, 1992 and all persons desiring to be heard were heard; and WHEREAS, limitation: 1. 2. 3. the Planning Commission considered without The Planning Commission staff report dated July 23, 1992; The application; The June 27, 1992 Third Party review by Artim & Associates regarding project landscape letter/plans; The May 19, 1992 landscape letter proposal and plan (consisting of one sheet) from Beau Shigetomi & Associates Inc., dated received by the City of Encinitas July 15, 1992; The Extended Environmental Initial Study prepared by Craig R. Lorenz & Associates dated Revised October 1991; DL/**/CROll-934wp51 (9/3/92-1) -1- e e 10. 11. 12. The May 12, 1991 Third Party Geotechnical Review by Artim & Associates of the March 15, 1991 Geotechnical Report by Geotechnical Exploration, Inc.; The Geotechnical Investigation of Coastal-Erosion and Bluff-Stability dated March 15, 1991 prepared by Geotechnical Exploration, Inc. (GEI), which includes previous GEI reports dated February 2 and May 22, 1989 and June 4, 1990; The January 12, 1991 letter/Third Party Review by Artim & Associates; The April 3, 1990 Third Party Geotechnical Review by Owen Consultants; As-Built Plans with proposed new berm, drainage, & landscape improvements dated revised July 21, 1992 and received by the City of Encinitas on July 21, 1992 (consisting of five sheets); Oral evidence submitted at the hearing; Written evidence submitted at the hearing; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.34 and 30.74 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 90-052 MUP/EIA is hereby approved subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that, after their independent review and using their independent judgement, the Planning Commission hereby certifies the associated Negative Declaration (State Clearinghouse Number: 92061068), which is on file within the Community Development Department, in conformance with CEQA and the DL/**/CROll-934wp51 (9/3/92-1) -2- City's Environmental Review Guidelines with mitigation measures identified in the conditions of approval together with a Mitigation Monitoring and Reporting Program established to assure compliance. PASSED AND ADOPTED this 30th day of July 1992 by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Commissioners DuVivier, Lanham, Commissioner Bagg None None lcobson, a Rotcheck ATT T: ' Secretary Le: H. Bagg, lrman of the Planning Commission DL/**/CROll-934wp51 (8/13/92) -3- ATTACHMENT "A" RESOLUTION NO. PC-92-20 LEGAL DESCRIPTION 1118 NEPTUNE AVENUE APN: 256-241-10 Lot 18, in Block 12 of SOUTH COAST PARK NO. 82, in the County of San Diego, State of California, according to the Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, September 21, 1925. ALSO all that portion of Block "D" of South Coast Park No. 2, in the County of San Diego, State of California, according to the Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, September 21, 1925, described as follows: Beginning at the Northwesterly corner of Lot 18, in Block 12 of said South Coast Park No. 2; thence Westerly along the Westerly prolongation of the Northerly line of said Lot 18, in Block 12 to its intersection with the Easterly line of that tract of land conveyed by the South Coast Land Company of San Diego, by deed dated January 10, 1930 and recorded February 11, 1930 in Book 1731, page 258 of Deeds; thence Southerly along said Easterly line of said tract to its intersection with the Westerly prolongation of the Southerly line of Lot 18, in Block 12; thence Easterly along the said Westerly prolongation to the Southwesterly corner of said Lot 18, in Block 12; thence Northerly along the Westerly line of said Lot 18, in Block 12 to the POINT OF BEGINNING. EXCEPTING from the above described property that portion, if any, heretofore, or now lying below the Mean High Tide Line of the Pacific Ocean. ALSO EXCEPTING any portion lying within Ponto State Beach, as delineated and shown on Record of Survey Map No. 7038, filed in the office of the County Recorder of San Diego County. DL/**/CROll-934wp51 (9/3/92-1) -4- ATTACHMENT "B" RESOLUTION NO. PC 92-20 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. 90-052 MUP/EIA) I. Section 30.74.040 - Use Permit A. The location, size, design and 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: 1. The adequacy of public facilities, services and utilities to serve the proposed project; 2. The suitability of the site for the type and intensity of use or development which is proposed; and 3. The harmful effect, if any, upon environmental quality and natural resources of the City. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in response to a storm on January 17, 1988 which caused the collapse of the upper bluff and sea caves which existed on the subject site. Similar type seawalls are constructed directly adjacent to the site and further south. Other seawalls are interspersed on the coast to the north and south of the subject site. The wooden seawall maintains an exposed height of approximately 9' to 10' which varies depending upon the amount of cobbles which pile at the base of the wall. The wall as noted on the as-built plans is constructed of 12"-14" diameter wooden piles, which are located in front of 8' long horizontally-laid, 6" x 8" treated timbers. Each pile is tied-back with a 30' long reinforcing bar embedded a minimum of 15' into the ardath shale. The wall itself is backfilled with sand and cobbles with a top layer of sand exposed at the surface. Discussion: The project does not create the need for any public facilities, services and utilities other than what is already servicing the existing single family residence. The DL/**/CROll-934wp51 (9/3/92-1) -5- exposed height of the structure (approximately 9' - 10') and the wood materials utilized are compatible with the surrounding beach envirOnment and residential neighborhood. As noted in the May 22, 1989 Geotechnical Evaluation by Geotechnical Exploration, Inc. (GEI) if the face structure of the seawall were to be removed the property would immediately return to the high risk condition which existed prior to wall construction. Although the main structure atop the bluff maintains a setback of approximately 60 feet from the top edge of bluff, the GEI report notes that removal of the wall could never be condoned due to the risks inherent to the geology of the site. The report further adds that the sea cave conditions existing north of the wall present a danger to the subject property. Site conditions are creating the need for the project. Based on an environmental initial study conducted by Craig Lorenz & Associates dated revised October, 1991, it was determined that the project will not have a significant effect on the environment because mitigation measures such as drainage and landscape improvements have been added to the project. Conclusion: The Planning Commission finds that the location, size, design and characteristics of the as-built seawall is compatible with and ~does not adversely affect and is not materially detrimental to adjacent uses, residences, buildings, structures or natural resources. B. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the .provisions of the Municipal Code. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in response to a storm on January 17, 1988 which caused the collapse of the upper bluff and sea caves which existed on the subject site. Pursuant to Section 30.34.020B2.b of the Municipal Code preemptive measures are allowed on the face of the coastal bluff in accordance with the development processing and approval regulations specified in Section 30.34.020C of the Municipal Code. Discussion: The project has been reviewed for conformance with the policies of the General Plan related to coastal bluffs and the provisions of the Municipal Code for the Coastal Bluff Overlay Zone and Use Permits. The project complies or has been conditioned to comply with said regulations and policies. Conclusion: The Planning Commission finds that approval of the Use Permit allowing the as-built seawall, as conditioned, will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. DL/**/CROll-934wp51 (9/3/92-1) -6- C. The project complies with any other regulations, conditions or policies imposed by the Municipal Code. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in response to a storm on January 17, 1988 which caused the collapse of the upper bluff and sea caves which existed on the subject site. PurSuant to Section 30.34.020B2.b of the Municipal Code preemptive measures are allowed on the face of the coastal bluff in accordance with the development processing and approval regulations specified in Section 30.34.020c of the Municipal Code. Discussion: The project has been reviewed for conformance with the policies of the General Plan related to coastal bluffs and the provisions of the Municipal Code for the Coastal Bluff Overlay Zone and Use Permits. The project complies or has been conditioned to comply with said regulations and policies. No other regulations, conditions and policies of the Municipal Code were found which conflict with the project. Conclusion: The Planning Commission finds that the project complies with the regulations, conditions or policies imposed by the Municipal Code. II. Section 30.34.020C2 Bluff Overlay Zone. - Preemptive measure findings Coastal c.(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. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in response to a storm on January 17, 1988 which caused the .collapse of the upper bluff and sea caves which existed on the subject site. The wooden seawall maintains an exposed height of approximately 9' to 10' which varies depending upon the amount of cobbles which pile at the base of the wall. The wall as noted on the as-built plans is constructed of 12"-14" diameter wooden piles, spaced approximately 6.5 feet apart and embedded 6 to 7 feet into the basal Ardath Shale formation with 18" diameter, concrete-filled holes. The piles are located in front of 8' long horizontally-laid, 6" x 8" treated timbers. The horizontal timbers are stacked and lapped at the ends, behind the vertical piles. Each pile is tied-back with a 30' long reinforcing bar embedded a minimum of 15' into the DL/**/CROll-934wp51 (9/3/92-1) -7- ardath shale. The wall itself is backfilled with sand and cobbles with a top layer of sand exposed at the surface. Discussion: The seawall has been analyzed by several engineering geologists who have found, based on site-specific conditions that the device is designed to protect the bluff at the subject site from erosion and/or failure. Within their Geotechnical Investigation of the subject site dated March 15, 1991, GEI states that "... the seawall at the subject site has provided adequate erosion protection from wave action and has prevented further undermining of the Terrace material." It is further noted that "By limiting further basal erosion of the bluff, the existing seawall significantly increases the geologic stability of the site." Conclusion: The Planning Commission finds that in the soils and geotechnical report the as-built seawall is demonstrated to be substantially effective for the intended purpose of bluff erosion/failure protection, within the specific setting of the development site's coastal bluffs. c.(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. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in response to a storm on January 17, 1988 which caused the collapse of the upper bluff and sea caves which existed on the subject site. The main structure on the subject site maintains a setback of approximately 60' from the edge of bluff with the attached open-air deck maintaining a setback of approximately 53'. Discussion: With the presence of seawalls immediately north of the site and with the continuation of natural erosional processes the device is necessary for the protection of the existing single family residence on the blufftop. Within the May 22, 1989 Geotechnical Evaluation by GEI it is noted that bluff recession problems of the greatest degree are present at the subject site and that it cannot be ignored "... that two or three major recession events could occur within a short period of time causing damage or danger to structures in a matter of hours, days or weeks that statistics may suggest should require an AVERAGE of tens of years." It is further noted that "... should the wall be significantly damaged, undermined, or completely removed by a major wave event, the reoccurrence of risk due to recession would be immediate and would last until a new protective structure is in place." A Third Party Review by Artim & Associates (May 12, 1991) found DL/**/CROll-934wp51 (9/3/92-1) -8- addressed the that the final GEI report adequately geotechnical conditions of the site. Conclusion: The Planning Commission finds that the proposed measure is necessary for the protection of the principal structure on the blufftop to which there is a demonstrated threat as substantiated by the geotechnical report. c.(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 and 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. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in response to a storm on January 17, 1988 which caused the collapse of the upper bluff and sea caves which existed on the subject site. The seawall of the subject site is essentially an extension of the seawall to the south at 1114 Neptune Avenue. Discussion: The geotechnical report prepared by GEI for the site does not present evidence that the proposed measure will directly or indirectly cause, promote or encourage bluff erosion or failure. Within the report by Wendell Gayman, dated October 20, 1990 entitled "Selected' Geologic and Oceanographic Investigations in the Vicinity of the Stroscher Seawall" which is included as part of the March 15, 1991 Geotechnical Investigation by GEI, it is stated that based on field investigations no evidence has been found "of increased beach or sea cliff erosion at either end of the Stroscher seawall." Conclusion: The Planning Commission finds that there is not evidence to indicate that the proposed measure will 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 and geotechnical report. c.(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 area; and not cause a significant alteration of the natural character of the bluff face. Facts: The application is to allow an as-built seawall which was constructed in 1988 at the base of the coastal bluff in DL/**/CROll-934wp51 (9/3/92-1) -9- response to a storm on January 17, 1988 which caused the collapse of the upper bluff and sea caves which existed on the subject site. Similar type seawalls are constructed directly adjacent to the site and further south. Other seawalls are interspersed on the coast to the north and south of the subject site. The wooden seawall maintains an exposed height of approximately 9' to 10' which varies depending upon the amount of cobbles which pile at the base of the wall. The wall as noted on the as-built plans is constructed of 12"-14" diameter wooden piles, which are located in front of 8' long horizontally-laid, 6" x 8" treated timbers. Each pile is tied-back with a 30' long reinforcing bar embedded a minimum of 15' into the ardath shale. The wall itself is backfilled with sand and cobbles with a top layer of sand exposed at the surface. The bluff face is presently planted with primarily a small- bladed ice plant, some large bladed ice plant does occur sporadically. Additionally, some shrubs and aloe plants occur at the upper portion of the bluff. Ficus repens, an evergreen vine, is proposed to be planted 5' o.c. at the base of the bluff. The existing and proposed plantings are proposed to be fertilized (liquid) and hand watered on a regular basis to stimulate new growth, spread of the existing plantings and to establish the new plantings. Discussion: The height of the structure and the wood materials utilized are compatible with the surrounding beach environment and residential neighborhood. The existing landscaping and the proposed planting plan will work to enhance the visual quality of the project. Conclusion: The Planning Commission finds that the as-built wooden seawall is visually compatible with the character of the surrounding area; and the proposed landscape program will enhance the appearance of the wall and the bluff face and will not cause a significant alteration of the natural character of the bluff face. c.(5) The proposed device/activity will not serve to unnecessarily restrict or reduce the existing beach width for use or access. Facts: Portions of the seawall encroach beyond the subject site property lines and onto Ponto State Beach and onto the adjacent property to the north. The applicant is working to obtain authorization for the encroachments from both the northerly property owner and the State Department of Parks and Recreation. The project is conditioned to receive authorizations from the two parties in the form of easements or encroachment permits to allow the encroaching seawall or to DL/**/CROll-934wp51 (9/3/92-1) -10- modify the wall to lie solely within the property lines of the subject site. Discussion: It appears that the seawall was placed as close to the base of the bluff face as possible and that the seawall followed the bluff configuration. The actual width of the seawall is approximately two feet. The lowest flight of stairs does protrude out somewhat from the seawall beyond the bluff face-, yet they are aligned and placed directly parallel with the seawall to minimize encroachment on the beach as opposed to the original configuration which protruded farther onto the beach. Conclusion: The Planning Commission finds that the as-built seawall does not serve to unnecessarily restrict or reduce the existing beach width for use or access. d. No preemptive measure at the base of the bluff or along the beach shall be approved until a comprehensive plan is adopted as Council policy for such preemptive treatment, for at least the corresponding contiguous portion of the coastal bluff. Preemptive measures approved thereafter shall be consistent with adopted plan. Discussion: The emergency nature of the structures constructed on the site precludes a comprehensive plan from being adopted as policy by City Council for this specific site. The City Council has initiated a work program for the. Engineering Department to research and develop a comprehensive coastal bluff program. If feasible from a geotechnical point of view and not resulting in an economic hardship based upon evidence submitted to the City Council, the applicant may be required to participate in the future comprehensive plans which include their properties. There is an existing seawall of similar construction directly adjacent to the south of the subject site. Conclusion: The seawall as constructed is consistent with the seawall to the south. Additionally, if feasible from a geotechnical point of view and not resulting in an economic hardship based upon evidence submitted to the city Council, the applicant shall be required to participate in the future comprehensive plans which include the subject properties. DL/**/CROll-934wp51 (9/3/92-1) -11- ATTACHMENT "C" RESOLUTION NO. PC-92-20 Applicant: Case No.: Subject: Location: Ted Stroscher 90-052 MUP/EIA Conditions of approval for a Major Use Permit to allow an as-built seawall at the base of the coastal bluff. 1118 Neptune Avenue I. SPECIFIC CONDITIONS ao The applicant shall submit on or before June 1 of each year a written report by a geotechnical engineer assessing the condition of the seawall. The report will indicate the condition of the seawall and any maintenance/repair actions needed on the seawall. The assessment shall also include monitoring of the erosion rate on both sides of the seawall. If erosion is occurring that may eventually expose the cliff wall, remedial measures shall be made to prevent the erosion. Said monitoring program shall be submitted to and, corrective measures shall be reviewed and approved by the Community Development Department and the Engineering Department prior to implementation of any corrective measures. Any maintenance/repair work needed shall be completed prior to the next winter storm period. A report by a geotechnical engineer indicating completion of the maintenance/repair work must be submitted on or before November 1 of the year in which the work is completed, or such other time period as deemed necessary by the City Engineer. Be The Mitigation Monitoring and Reporting Program (MMRP) as contained within the Negative Declaration for the project as Certified by the Planning Commission on this date shall be adhered to for the project and funded by the developer or property owner. The amount necessary will be determined by the Directors of the Public Works and Planning and Community Development Departments. Ce Ail recommendations contained within the Landscape Proposal and Landscape Plan dated May 19, 1992 prepared by Beau Shigetomi & Associates, Inc. shall be implemented within six months from the date of approval. Said proposal is revised, as verbally agreed to by the project landscape architect, so that the ficus repens shall be planted 5' o.c. as soon as possible, rather than in one year, at 10' o.c. if 50% to 60% of the slope is not covered as originally proposed. DL/**/CROll-934wp51 (9/3/92-1) -12- De The owner shall monitor the use of the hand held hose irrigation system to ensure that no over-watering occurs. Watering should be limited to once a week to avoid undue stress on the bluff and to encourage the planting to survive on their own. Within six months from the date of approval of the Use Permit, authorization in the form of an encroachment permit and/or an easement shall be obtained from the State Department of Parks and Recreation and the northerly property owner for the portions of the seawall and stairway which encroach on Ponto State Beach and the adjacent property to the north. If authorization is not received the seawall shall be modified so that it lies solely within the property lines of the subject site. Any modifications to the seawall shall be subject to review by the Community Development and Engineering Departments as well as subject to Third Party Geotechnical Review. If the applicant is unable to receive the authorizations within the six month period, an extension of time may be granted by the Community Development Department for compliance if the applicant can show that a good faith effort is being made to receive such authorization. II. STANDARD CONDITIONS 1. GENERAL CONDITIONS ae Ail conditions of approval associated with Major Use Permit 90-052 MUP/EIA shall be met within nine months of the date of approval since the request is for an existing seawall. Be This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Co 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. Do In the event that any of the conditions of this permit are not satisfied, the 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. Eo Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of DL/**/CROll-934wp51 (9/3/92-1)-13- Fe Gm Ho 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. 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 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 and Army Corps of Engineers. Project is conditionally approved as submitted as evidenced by the as-built plans with proposed new berm, drainage, & landscape improvements dated revised July 21, 1992 and received by the City of Encinitas on July 21, 1992 (consisting of five sheets) and signed by a City Official as approved by the Planning Commission on July 30, 1992 and shall not be altered without Community Development Department review and approval. Owner(s) shall enter into and record a covenant satisfactory to the City Attorney waiving any claims of liability against the City and agreeing to indemnify and hold harmless the city and City's employees relative to the approved project. This covenant is applicable to any bluff failure and erosion resulting from the development project. This resolution shall also be recorded as a part of the required Covenant. DL/**/CROll-934wp51 (9/3/92-1) -14- The applicant shall pay all fees associated with the processing and review of the Major Use Permit to the Community Development Department. Ne Prior to final approval the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. An encroachment permit from the Community Services Department is required for all work on the beach. All debris resulting from bluff failure and construction shall be removed from the beach as soon as feasible after the property owner is made aware of the debris. Ail required plantings shall be maintained in good growing conditions, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. However, no landscaping shall be replaced if to do so would jeopardize the bluff/slope stability. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. Ail construction and improvements must conformance with and approved by the Commission prior to final inspection Community Development Department. be in Coastal by the DL/**/CROll-934wp51 (9/3/92-1) -15-