1998-58
RESOLUTION NO. PC 98 - 58
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ENCINITASAPPROVING
A MAJOR USE PERMIT MODIFICATION
AND COASTAL DEVELOPMENT PERMIT
FOR A FIRST STORY ADDITION TO AN EXISTING UNIT
WITHIN THE SEABLUFFE CONDOMINIUM DEVELOPMENT
FOR PROPERTY LOCATED AT 1722 T A TTENHAM ROAD.
(PREVIOUS SAN DIEGO COUNTY CASE NO. P71-242)
CASE NO. 98-192 MUPMOD/CDP; APN: 254-540-06
WHEREAS, a request for consideration of a Major Use Permit Modification and Coastal
Development Permit were filed by Durrell and Gwen Hillis to allow for a living room addition of
88 square feet and fireplace addition to an individual unit of an existing Plan "C" duplex in the Sea
Bluffe Condominium Development, in accordance with Chapter 30.74 Use Permits and Chapter
30.80 Coastal Development Permits of the Encinitas Municipal Code, for the property located in
the Residential 11 zone, legally described as:
RESIDENTIAL LOT NO. 311 AND GARAGE LOT 312 OF SEA BLUFFE VILLAGE, IN THE
CITY OF ENCINITAS, 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 ON MAY 3, 1972.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on September 24, 1998, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The September 24, 1998 agenda report to the Planning Commission with
attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project Plans including Site Plan, Floor Plan, and Building Elevations for 1722
Tattenham Road dated received by the City of Encinitas on July 20, 1998 consisting
of 3 sheets total; and
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WHEREAS, the Planning Commission made the following findings pursuant to Chapter
30.74 Use Permits and Chapter 30.80 Coastal Development Permits of the Encinitas Municipal
Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 98-192 MUPMOD 1 CDP subject to the following
conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Section 15301, Class 1 (e)( 1) of the California Environmental Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 24th day of September 1998, by the following vote, to wit:
AYES: Bagg, Grossman, Jacobson, Patton, Wells
NAYS:
ABSENT:
ABSTAIN:
Alice Jacobson, alrperson
of the Planning 0 mISSIOn
of the City of Encmitas
ATTEST:
---=B1 CAJ~iw líA A A
Sandra Holder, Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
cd/jd/f:SR98192.doc 9/28/982
ATTACHMENT "A"
Resolution No. PC 98 - 58
Case No. 98-192 MUPMOD 1 CDP
FINDINGS FOR APPROVAL OF A
MAJOR USE PERMIT MODIFICATION (CHAPTER 30.74),
AND A COASTAL DEVELOPMENT PERMIT (CHAPTER 30.80)
OF THE ENCINIT AS MUNICIPAL CODE
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the
proposed project;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources
of the city;
Facts: The Major Use Permit Modification is requested to allow for a first story living
room to the south by 4 feet and the east by 22 feet for a total of 88 square feet which also
includes a gas only fireplace with no chimney. The proposed living room addition would
extend the existing first story roofline approximately 4' whereby it will be flush with the
east elevation. The living room addition will maintain the same 20' 3" height currently
maintained by the structure. Plywood siding, wood trim, and a composition shingle roof is
proposed in beigelneutral tones to match the existing structure.
Discussion: Based on the overall Seabluffe Village Condominium project site, and
including all existing structures on the overall project site, the proposed addition of 88
square feet results in a lot coverage of 18% and aFAR of .38 which is in conformance with
the 40% maximum lot coverage and the maximum.6 FAR of the R-ll zone standards. The
proposed additions are minor in nature and are designed to be compatible in color,
materials, bulk and mass, and style with the three building plans of the existing
condominium project. The proposed additions can only be viewed internally within the
condominium development. It can neither be viewed from, nor will affect any uses or
structures adjacent to the overall project site. All public facilities, services and utilities to
cd/jd/f:SR98 1 92.doc 9/28/98 3
serve the proposed project are currently in place. No evidence has been submitted to
indicate that there will be negative impacts to the environmental quality or natural resources
of the City since the project is an addition to an existing development.
Conclusion: The Planning Commission finds that the location, size, design and
characteristics of the proposed addition to an individual unit of an existing duplex in the Sea
Bluffe Condominium Development is compatible with and do not adversely affect and are
not materially detrimental to adjacent uses, residences, buildings, structures or natural
resources.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: There is no evidence of record to indicate that provisions were established under
the original use permit to allow additions and/or that development standards for additions
were established. Therefore the development standards for the underlying R-ll zone apply
for any proposed modifications to the project. Due to the "postage stamp" type lots, the
proposed addition for each individual unit would exceed the .5 maximum FAR allowed for
substandard lot in the R-l1 zone. Accordingly, the modification is requested pursuant to
Section 30.16.020 B8 of the Municipal Code which allows the minimum lot size, design,
setback and coverage standards for residential zones to be modified or reduced through a
PRD project.
Discussion: Based on the overall Seabluffe Village Condominium project site, and
including all existing structures, the proposed expansion (88 square feet for the unit) results
in a lot coverage of 18% and a FAR of .38 which is in conformance with the
R-11 zone standards.
Conclusion: The proposed addition is compatible with the General Plan and zoning
provisions since Planned Residential Developments are permitted with an approved Use
Permit in the R-11 zone and since the proposed addition will be in conformance with the R-
11 lot coverage and FAR requirements for the overall project site. Further, this
development was created under County jurisdiction and was approved in compliance with
County requirements, and therefore, exists legally under the provisions of the City of
Encinitas Municipal Code since the Use Permit has been used in reliance upon the approval.
cd/jd/f:SR98192.doc 9/28/98 4
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts:. The subject project is for a Major Use Permit Modification and a Coastal
Development Permit for a proposed living room addition of 88 square feet and fireplace
addition to an individual unit of an existing duplex in the Sea Bluffe Condominium
Development (Original County Use Permit No. P71-242). The addition does not exceed
the buildings existing height. The subject site is located within the Coastal Zone, and is
located!n the Coastal Commission's Appeal Zone.
Discussion: Finding No.1 requires the project to be consistent with the certified Local
Coastal Program of the City of Encinitas. With the Major Use Permit Modification, the
subject project will conform with the provisions of the Local Coastal Program which
includes the General Plan and appropriate Chapters of the Municipal Code. There are no
potentially significant adverse impacts associated with the project, therefore Finding No.2
is not applicable. Related to Finding No.3, the subject site is located within the Seabluffe
Condominium Development which does maintain coastal bluffs and which is adjacent to
the Pacific Ocean. Although there is a stairway providing private beach access within the
Seabluffe Condominium Development, which was authorized by the County of San Diego,
the project site does not currently provide public access to the shore, but there is an access
gate to the bluff area on the south side of the lot. The project does not propose any public
access or public recreational facilities. Public access or public recreational facilities are not
feasible since the project is within a private, gated condominium project which maintains
private roads (as authorized by the County of San Diego). Therefore no condition requiring
public access is imposed with the project. Public access to the shore is available in the
vicinity to the south with the Grandview Beach Access and to the north with the Ponto State
Beach. Since there was not public access through the property prior to this application, the
ability of the public to access the shore is not adversely impacted with this application.
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Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) that required finding No.2 is
not applicable since no significant adverse impact is associated with the project; and 3) the
providing of public access or recreational facilities is not feasible or appropriate for this
project.
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ATTACHMENT"B"
Resolution No. PC 98 - 58
CONDITIONS OF APPROVAL
Project No.: 98-192 MUPMOD 1 CDP
Applicant: Durrell and Gwen Hillis
Subject: Conditions of approval for a Major Use Permit Modification and a Coastal
Development Permit for a proposed living room addition of 88 square feet and
fireplace addition to an individual unit of an existing duplex in the Sea Bluffe
Condominium Development (Original County Use Permit No. P71-242).
Location: 1722 Tattenham Road.
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on September 24,2000 at 5:00 p.m., two years after the approval
of this project, unless the conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
SC3 The conditions of approval pursuant to the San Diego County approval of Major Use Permit
No. P71-242 dated effective August 30, 1971 still apply to the subject development. The
conditions contained herein augment the original conditions of approval.
SC4 This approval relates solely to an individual unit of a "C" model duplex located at 1722
Tattenham Road; a Major Use Permit Modification and Coastal Development Permit is
required in conformance with the City of Encinitas Municipal Code in effect at the time of
application for any other "C" unit desiring to complete the same project.
SC5 This project is conditionally approved as set forth on the application and project plans Road
dated received by the City of Encinitas on July 20, 1998, consisting of 3 sheets including
site plan, floor plan, and building elevations for 1722 Tattenham, all designated as approved
by the Planning Commission on September 24, 1998, and shall not be altered without
express authorization by the Community Development Department.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
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G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Community Development
Director.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G13 The applicant shall pay development fees at the established rate. Such fees may include,
but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees,
School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees,
and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made
prior to building permit issuance to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
Development Department regarding Park Mitigation Fees, the Engineering Services
Department regarding Flood Control and Traffic Fees, applicable School District(s)
regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees,
and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees.
Ul At all times during the effective period of this permit, the responsible party 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.
U2 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 whether the City of Encinitas should revoke this permit.
U3 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.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
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U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal
and approval of an amendment to the use permit by the authorized agency.
B1 BUILDING CONDITIONS(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a SoilslGeotechnical Report" structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor planes),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with California Amendments, the California Mechanical, Electrical
and Plumbing Codes). Commercial and Multi-residential construction must also contain
details and notes to show compliance with State disabled accessibility mandates. These
comments are preliminary only. A comprehensive plancheck will be completed prior to
permit issuance and additional technical code requirements may be identified and changes
to the originally submitted plans may be required.
Bl FIRE CONDITIONS(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The height of the address
numbers shall conform to Fire Department Standards.
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