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-