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2001-72 RESOLUTION NO. PC 2001-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A COASTAL DEVELOPMENT PERMIT TO REMOVE A NON-PERMITTED DECK AND POST AND BOARD STRUCTURES LOCATED ON THE FACE OF THE COASTAL BLUFF, AND TO REVEGETATE THE BLUFF FACE AS AN EROSION CONTROL MEASURE. THE PROJECT SITE IS LOCATED WITHIN THE COASTAL BLUFF OVERLAY ZONE AT 730 NEPTUNE AVENUE. (CASE NO. 00-042 CDP; APN: 256-021-18) WHEREAS, a request for consideration of a Coastal Development Permit was filed by Harry Tanner for the removal of a non-permitted deck and post and board structures located on the coastal bluff face and to allow the revegetation of the bluff face as an erosion control measure on a lot located within the Coastal Bluff Overlay Zone, in accordance with Chapter 30.80 (Coastal Development Permit), Section 30.34.020 (Coastal Bluff Overlay Zone), and Section 30.16.010 (Residential Zones Development Standards) of the City of Encinitas Municipal Code, for the property legally described as: Lots 1 and 2 in Block 11 of South Coast Park No.2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, September 11, 1925. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on November 15,2001, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The November 15, 2001 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 drawings consisting of 4 sheets total dated received by the City of Encinitas on November 6, 2001 titled as follows: Sheet 1 - Planting, Sheet 2 - Irrigation, Sheet 3 - Details, and Sheet 4 - Specifications. WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.80 (Coastal Development Permits) ofthe Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 00-042 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(L)(4) ofthe California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 15th day of November, by the following vote, to wit: AYES: NAYS: Bagg, Birnbaum, Crosthwaite, Jacobson, Patton ABSENT: ABSTAIN: CJL \L- Adam Birnbaum, Chairperson ofthe Planning Commission ofthe City ofEncinitas ATTEST: ~~(~J4v~ ~ Patrick Murphy, Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. ATTACHMENT "A" Resolution No. PC 2001-72 Case No. 00-042 CDP 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 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. ofthe Coastal Act. 3. Facts: The application is a request to remove non-permitted structures (deck and post and board structures) from the face of the coastal bluff, and to revegetate the coastal bluff face as an erosion control measure. The project site is located within the Coastal Bluff Overlay Zone and the Rll Zone. The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. Staff and the City's Geotechnical consultant, Jim Knowlton with Geopacifica, have reviewed the project and have determined that it is consistent with the General Plan and Municipal Code, including the Coastal Bluff Overlay Zone regulations. Discussion: Finding No.1 for the Coastal Development Permit requires the project to be consistent with the certified Local Coastal Program ofthe City ofEncinitas. The proposed project will comply with the provisions of the Local Coastal Program, which includes the General Plan and appropriate Chapters ofthe Municipal Code. The proposed removal of non-functional structures and installation of landscaping on the bluff face is consistent with the Local Coastal Program and Coastal Bluff Overlay Zone requirements, which allows landscaping on the bluff face for erosion control purposes. Regarding Finding No.2, with the implementation of project conditions, there are no potentially significant adverse impacts associated with the project. The project conditions ensure no significant impact from the project will occur, and include utilizing special care in the removal of structures fÌ"om the bluff face, installing landscaping by hand, and irrigation limited to a temporary system with an automatic shut-off valve to be removed within 25-months. Regarding Finding No.3, the subject site is located between the sea, specifically the Pacific Ocean, and a public road. However, public access to the ocean is not existing, required or planned on, through or adjacent to the project site, and therefore the project will not impact public access to coastal resources. Conclusion: The Planning Commission finds that: 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no significant adverse impact is associated with the project; and 3) the proposed development will not impact public access to coastal resources. ATTACHMENT "B" Resolution No. PC 2001-72 CONDITIONS OF APPROVAL Project No.: Applicant: Subject: Location: SCI 00-042 CDP Harry Tanner A request for a Coastal Development Permit for removal of non-permitted structures on the bluff face and the revegetation of the bluff face as an erosion control measure on a lot located within the Coastal Bluff Overlay Zone and the Rll Zone. 760 Neptune Avenue SPECIFIC CONDITIONS: SC2 SC5 This approval will expire on November 15, 2003 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. This project is conditionally approved as set forth on the application and project drawings consisting of 4 sheets total dated received by the City of Encinitas on November 6, 2001 titled as follows: Sheet 1 - Planting, Sheet 2 - Irrigation, Sheet 3 - Details, and Sheet 4 - Specifications, all designated as approved by the Planning Commission on November 15, 2001. Approved plans shall not be altered without the express authorization of the Community Development Department. SCA In order to preserve the integrity of the fragile coastal bluff, extreme care shall be utilized when removing the plastic covering, deck, and post and board structures. SCB SCC SCD SCE The applicant shall inform the Engineering Department Field Division and Community Development Department to schedule a field inspection, 72 hours prior to removal and demolition operations. Removal, demolition and disposal of all the on site structures and materials shall fully comply with the Geotechnical Engineer's recommendations. The wood columns supporting the deck shall be cut off at ground surface, and all decking and foundation materials must be carefully dismantled, pulled up the slope, and disposed of off-site. The failed portions of the post and board structures shall be delicately retrieved and disposed of off-site. Also, all existing posts of the non-functioning post and board structures shall be carefully cut off at ground surface and disposed of off-site. The limited sections of the post and board structures that are currently embedded below grade and still providing lateral support should be left in place until ongoing bluff retreat eventually undermines these structures. At that time, failed portions shall be removed using extreme caution. Landscaping on the bluff face shall be accomplished with extreme care by hand methods only (i.e. no mechanical devices, other than customary hand tools). SCF Landscaping must be installed and maintained so as to assure that neither during growing stages nor upon reaching maturity will such materials obstruct views to and along the ocean and other scenic coastal areas from public vantage points. SCG Irrigation is limited to temporary hose bibs or water saving irrigation systems with automatic timers. The project irrigation shall be removed within 25-months of installing the irrigation system. The property owner shall monitor the irrigation system to ensure that no over-watering occurs SCH The automatic irrigation system proposed for this project shall be designed to avoid any excess watering. The system shall be designed to automatically shut off in case of a pipe break. An automatic shut off system, moisture shut off sensors and other advanced controls will be required for installation of an automatic irrigation system. SCI SCJ The applicant shall submit a final landscape and irrigation plan, including the removal of non-permitted structures, to the Community Development Department and Engineering Services Department for approval prior to commencement of any activity associated with the project. In addition to Conditions SCK and BLI below, prior to commencement of any activity associated with this project, the current property owner shall sign and record two covenants as required by the approval of Case No. 89-073 MUP/EIA, which approved the construction of a lower seawall on the property. The two covenants establish that the owner agrees to comply with the terms of that project approval and to hold the City harmless for any bluff failure. SCK Prior to commencement of any activity associated with this project, the applicant and owner 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. 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 G5 BLI 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. 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. 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.