Loading...
1993-19 RESOLUTION NO. PC-93-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A DESIGN REVIEW PERMIT FOR A DECK STRUCTURE IN CONJUNCTION WITH TWO EXISTING ATTACHED UNITS TO ENCROACH 13 FEET INTO THE STANDARD 40 FOOT COASTAL BLUFF SETBACK FOR A TOTAL SETBACK OF 27 FEET FOR PROPERTY LOCATED AT 1768 & 1770 TATTENHAM ROAD (CASE NO. 93-096 DR) WHEREAS, a Design Review application was filed by Steven D. Weber, pursuant to Sections 30.34.020 C and D of the City of Encinitas Municipal Code to allow a cantilevered deck structure for two existing attached units to encroach 13 feet into the standard 40 foot coastal bluff setback for a total setback of 27 feet on property located at 1768 & 1770, and legally described as; Owner Bauer (APN 254-530-20): Lots 281 and 282 of SEA BLUFFS 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, as per additional Legal Description below: Residential lot No. 281 and garage lot No. 282 of SEA BLUFFS 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 San Diego County, May 3, 1972, together with all structures, improvements and appurtenances thereon. Owner Long (APN 254-530-21): Lots 279 and 280 of SEA BLUFFS 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, as per additional Legal Description below: Residential lot No. 279 and garage lot No. 280 of SEA BLUFFS 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 San Diego County, May 3, 1972, together with all structures, improvements and appurtenances thereon. cd/jak/RPC93096.715 -1- WHEREAS, a public hearing was conducted by the Planning Commission on July 15, 1993 as required by law, and all persons desiring to be heard were heard; WHEREAS, evidence was submitted and considered to without limitation: a. include Cardiff Sea Village Site Plan, Project Site Plan, Floor Plan, Elevations, and Framing Plan dated received by the City on May 20, 1993, consisting of 5 sheets; b. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; c. Planning Commission staff report, which is on file in the Department of Community Development; d. Geotechnical Letter Report dated May 7, 1993 prepared by Group Delta Consultants, Inc. e. Project application and supplement. WHEREAS, the Planning Commission approved the determinations of the above stated geotechnical letter report and reviews relative to Sections 30.34.020C and D (Special Purpose Overly Zones) of the Municipal Code; (SEE ATTACHMENT "A") NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that Design Review Application No. 93-096 DR is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Planning Commission of the City of Encinitas that the project was found to be exempt from environmental review under Section 15303(e) of the State CEQA Guidelines. cd/jak/RPC93096.715 -2- PASSED AND ADOPTED this 15th day of July, 1993, by the following vote, to wit: Ayes: Nays: Absent: Abstain: Commissioners Bagg, Schafer, Jac¢ None None Rotsheck , Lanham Lester H. Bagg, Chairperson of the Planning Commission ATTEST: /s P~rick ~. ~u~h~ ecretary cd/jak/RPC93096.715 -3- _ ATTACHMENT RESOLUTION NO. PC-93-19 DETERMINATION FOR ENCROACHING INTO THE STANDARD 40 FOOT COASTAL BLUFF SETBACK (SECTIONS 30.34.020C AND D OF THE MUNICIPAL CODE) Case No. 92-096 DR Applicant: Steven Weber Bluff Setback Determination= The criteria required to be considered in order to approve an encroachment into the standard 40 foot coastal bluff setback has been addressed by the Geotechnical Letter Report dated May 7, 1993 prepared by Delta Group Consultants, Inc. The geotechnical letter report was reviewed by Encinitas Engineering Department which found that said geotechnical report provides information to adequately meet the standards of the City of Encinitas Municipal Code, Section 30.34.020C and D. Section 30.34.020C-2 permits cantilevered portions of structures to encroach 20% beyond the top edge of the required bluff setback if findings related to view impacts can be made. The proposed decks would encroach into the 40 ft. bluff setback approximately 33% (13 ft.). View Impacts: The project will have minimal impacts on surrounding views. Potential view impacts would primarily be to the adjacent buildings to the north and to the south of the project site. All of the structures on the westerly edge of the development have more or less unobstructed ocean views. The addition of the deck could not significantly impact the views of the structure to the south since the end of the proposed deck would not extend to the south edge of the subject building. The views of the building to the north would not be significantly impacted since it is separated from the project site by approximately 60 ft. (with a path between). Neither of the occupants/owners of either of these buildings responded to the public notice mailing. cd/jak/RPC93096.715 -4- ATTACHMENT "B~ RESOLUTION NO. PC-93-19 CONDITIONS OF APPROVAL CASE NO: 93-096 DR APPLICANT: Steven Weber Subject: Location: Conditions of approval for a Design Review Permit allowing a second level deck structure for two existing attached units to encroach 13 feet into the standard 40 foot coastal bluff setback for a total setback of 27 feet. 1768 & 1770 Tattanham Road 1. GENERAL CONDITIONS ae This approval will expire on July 15, 1995, two years from the date of approval, unless a building permit has been obtained in reliance upon this approval, or an extension has been approved by the Authorized Agency. Be This approval may be appealed to the authorized agent within 15 days from the date of this approval. Ce The project is approved as per plans, as referenced herein, dated received by the City May 20, 1993, and shall not be altered without review and approval by the authorized agency. De 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. Ee 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 Building Permit issuance unless specified herein. Fe 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 submittal. G. A permit is required from the Coastal Commission. cd/jak/RPC93096.715 -5- APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT ao Ail cost recovery fees associated with the processing of this application shall be paid in full prior to issuance of the building permit. Be Minor modifications to this Design Review Permit, if deemed to be in substantial conformance with the original approval, may be approved, by the Director of Community Development. The Director may refer any modification request to the Planning Commission for their review/approval in accordance with the Municipal Code. Ce The 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. APPLICANT SHALL CONTACT THE FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: Prior to receiving approval of building permit, the applicant shall submit to the Community Development Department a letter from the Fire District stating that all fees, including plan check reviews and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. cd/jak/RPC93096.715 -6-