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1998-39 RESOLUTION NO. PC 98 - 39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINIT AS APPROVING A COASTAL DEVELOPMENT PERMIT AND SUBSTANTIAL CONFORMANCE DETERMINATION TO ALLOW IMPROVEMENTS TO TWO EXISTING CONDOMINIUM UNITS LOCATED WITHIN 50 FEET OF THE COASTAL BLUFF EDGE FOR PROPERTY LOCATED AT 1714 & 1716 T A TTENHAM ROAD IN THE SEA BLUFFE CONDOMINIUM DEVELOPMENT CASE NO. 98-111 CDP; APN: 254-540-08 & 09 WHEREAS, a request for consideration of a Coastal Development Permit and Substantial Conformance Determination was filed by Robert Eubanks and Richard Johnson to allow an addition and improvements to two existing attached condominium units, located in the existing Sea Bluffe Condominium Development within 50 feet of the coastal bluff, pursuant to Chapter 30.80, Coastal Development Permits and 30.74, Use Permits of the Municipal Code of the City of Encinitas; for property located at 1714 and 1716 Tattenham Road, legally described as: RESIDENTIAL LOTS 315 AND 317, AND GARAGE LOTS 316 AND 318 OF SEA BLUFFE VILLAGE OF ENCINIT AS, IN THE CITY OF ENCINIT AS, 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. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on Thursday, June 25, 1998, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The June 25, 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 consisting of 12 sheets, including (A) two site plans, bluff setback plan, floor plan, two sheets of exterior elevations and one sheet of plans, elevations and section for the exercise room for 1714 Tattenham Road and (B) two site plans, bluff setback plan and exterior elevations for 1716 Tattenham Road, all dated received by g:98111 res.doc the City of Encinitas on May 12, 1998 together with a letter dated June 25, 1998 signed by Maxwell F. Wuthrich, AlA and a Left Side (south) Elevation for 1714 Tattenham Road, dated June 25, 1998 which revises the sheet 4 of 5 dated received by the City of Encinitas on May 12, 1998; and 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 98-111 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 I5301(e)(1) of the California Environmental Quality Act (CEQA) Guidelines. PASSED AND ADOPTED this 25th day of June 1998, by the following vote, to wit: AYES: Jacobson, Bagg, Patton, Wells NAYS: None ABSENT: None ABSTAIN: None ATTEST: ~ l-{ )--U ~~ ~ Sandra Holder, Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. g:98111 res.doc ~ ATTACHMENT "A" Resolution No. PC 98-39 Case No.: 98-111 CDP FINDINGS FOR A COASTAL DEVELOPMENT PERMIT AND SUBSTANTIAL CONFORMANCE DETERMINATION RELATED TO USE PERMITS CHAPTER 30.74 OF THE ENCINIT AS MUNICIPAL CODE 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 application includes a Coastal Development Pennit request to allow additions and improvements to two existing attached condominium units, located in the Sea Bluffe Condominium Development within 50 feet of the coastal bluff edge. The improvements to 1714 Tattenham Road (Eubanks) include the raising of the roofline by approximately 4 feet (to a total of approximately 23 feet above grade) to add new transom windows in the living room, replacing an existing vinyl sliding door, and adding a 250 square foot exercise room in the existing unimproved understory floor space to include a new wood door, concrete stoop, and a window in addition to required interior finishes, stairs and concrete slab. The improvements to 1716 Tattenham Road (Johnson) include the raising of the roofline by approximately 4 feet(to a total of approximately 23 feet above grade) adding a new transom window in the living room and extending the chimney to meet Building Codes (2 feet above roof) because of the dormer addition; replacing two existing vinyl sliding doors; and replacing existing windows in the upstairs study. The subject site is located within the Coastal Zone, and is located within the California Coastal Commission's Appeal Zone. g:98111 res. doc Discussion: The subject project does conform with the Municipal Code Section 30.34.020 B9, which states that no additions or expansions to existing structures shall be pennitted on coastal blufftop lots except for minor additions or expansions that comprise no greater than a 10 percent increase above the existing gross floor area or 250 square feet, whichever is greater, provided such additions/expansions are located at least 40 feet or more from the bluff edge. The subject project includes an addition of 250 square feet of additional living area and it is setback approximately 47.5 feet from the bluff edge. The other aspects of the project are considered improvements rather than additions, since no additional floor area is being added by the dormer window "pop-out". A Letter Report from a geotechnical consultant addressing surcharge to the bluff is acceptable. Coastal Commission staff has previously accepted these letter reports for similar projects. A letter report prepared by Skelly Engineering, dated April 29, 1998 and a supplement letter addressing the addition for 1714 Tattenham Road dated June 8, 1998, both on file in the Community Development Department, were submitted as part of the subject application which concludes that the proposed improvements and exercise room addition "will not directly or indirectly cause, promote or encourage bluff erosion or failure, either on site or the adjacent properties." The geotechnical letter report is acceptable for conformance with the application submittal requirements of Section 30.34.020 D of the Municipal Code. 1. The subject application is in compliance with Section 30.34, Coastal Bluff Overlay Zone in that the addition and improvements to the two adjacent condominium units are within the allowable development standards, a geotechnical letter has been accepted by City staff and the property owners agree to participate (letters signed May 4, 1998) in any future comprehensive bluff and shoreline plan adopted by the City. The project is consistent with the certified Local Coastal Program of the City of Ene in it as. 2. Although the project is on the coastal bluff, the scope of work is minimal, whereby there are no potentially significant adverse impacts associated with this project and therefore finding No.2 is not applicable. 3. The project site is located between the sea and the first public street. There is a stairway which provides private beach access within the Sea Bluffe Condominium Development, which was authorized by the County of San Diego, the project site does not currently provide public access to the shore, and the project does not propose any public access or public recreational facilities. Public access and 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. Conclusion: The Planning Commission finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas; that Finding No.2 is not applicable since no significant adverse impact is associated with the project; and, pursuant to Finding No.3, the providing of public access or recreational facilities is not feasible or appropriate for a project of this scale. g:98111 res.doc SUBSTANTIAL CONFORMANCE FINDINGS STANDARD: Pursuant to Section 30.74.105 of the Municipal Code the following findings shall be made in order to find the project plans in substantial conformance with an approved Use Permit: 1. No project condition is changed or deleted; 2. No feature, facility or amenity is deleted or substantially altered which had been considered essential to the project's quality, safety or function by the decision making body; 3. No additional lot or dwelling units are added; 4. No private or public open space is reduced in area or in its potential for use and enjoyment: 5. The shape and bulk of structures, exterior building materials, landscaping, parking and access are substantially in conformance with the spirit and intent of the Use Permit decision; 6. The grading Plan will not increase or decrease the final grade on any part of the site by more than three feet over or under the plan approved by the Use Permit decision, unless the Director finds that the project is not substantially altered by the grading change; and 7. No significant changes are made which, in the opinion of the Director, should be reviewed by the body which approved the original Use Permit application. Facts: The application is a request for a determination of substantial conformance to allow additions and improvements to two existing attached condominium units, located in the Sea Bluffe Condominium Development within 50 feet of the coastal bluff edge. The improvements to 1714 Tattenham Road (Eubanks) include the raising of the roofline by approximately 4 feet (to a total of approximately 23 feet above grade) to add new transom windows in the living room, replacing an existing vinyl sliding door, and adding a 250 square foot exercise room in the existing unimproved understory floor space to include a new wood door, concrete stoop, and a window in addition to required interior finishes, stairs and concrete slab. The improvements to 1716 Tattenham Road (Johnson) include the raising of the roofline by approximately 4 feet(to a total of approximately 23 feet above grade) adding a new transom window in the living room and extending the chimney to meet Building Codes (2 feet above root) because of the dormer addition; replacing two existing vinyl sliding doors; and replacing existing windows in the upstairs study. g:9811 Ires.doc Discussion: The proposed modifications do not affect the original conditions of approval nor do they significantly change the exterior appearance of the units. Overall the project still maintains the same design and appearance as originally approved. The additional floor area is within the allowable area and is not visible from the street since it is within the unimproved understory space. No additional lots or dwellings are proposed or added by this project. The proposed improvements do not reduce the existing common open space. Overall the project still maintains the same design appearance, whereby the spirit and intent of the original Major Use Permit decision is maintained. The area of excavation to create the exercise room is minor and the only exterior evidence will be the doorway and window located on the South Elevation. Conclusion: Therefore, the Planning Commission finds the proposed improvements to the existing residences at 1714 and 1716 Tattenham Road to be in substantial conformance with San Diego County Use Permit No. P71-242. g:98111res.doc ATTACHMENT "B" Resolution No. PC 98 - 39 CONDITIONS OF APPROV AL Project No.: 98-111 CDP Applicant: Robert Eubanks and Richard Johnson Location: 1714 and 1716 Tattenham Road SCI SPECIFIC CONDITIONS: SC2 This approval will expire on June 25, 2000 at 5 :00 pm, 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. SC6 This project is conditionally approved as set forth on the application and project plans consisting of 12 sheets, including (A) two site plans, bluff setback plan, floor plan, two sheets of exterior elevations and one sheet of plans, elevations and section for the exercise room for 1714 Tattenham Road and (B) two site plans, bluff setback plan and exterior elevations for 1716 Tattenham Road, all dated received by the City of Encinitas on May 12, 1998 together with a letter dated June 25, 1998 signed by Maxwell F. Wuthrich, AlA and a Left Side (south) Elevation for 1714 Tattenham Road, dated June 25, 1998 which revises the sheet 4 of 5 dated received by the City of Encinitas on May 12, 1998, all designated as approved by the Planning Commission on June 25, 1998, and shall not be altered without express authorization by the Community Development Department. SCA 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. Gl 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. 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. g:98111 res.doc 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. Bl BUILDING CONDITION(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 Soils/Geotechnical 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. Fl FIRE CONDITIONS: 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. g:98111 res.doc