Loading...
2002-57 RESOLUTION NO. PC 2002-57 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AUTHORIZATION OF AN EXISTING LOWER SEAWALL AND A MID AND UPPER BLUFF RETAINING WALL AND PROPOSED IMPROVEMENTS AND LANDSCAPING FOR THE PROPERTY LOCATED AT 560 AND 566 NEPTUNE A VENUE. (CASE NO.: 99-078 MUP/CDP; APNs: 256-084-11 &10) WHEREAS, a request for consideration of a Major Use Permit and Coastal Development Permit was filed by John Quattro and Michael Contino to allow an existing lower seawall, existing mid and upper bluff retaining walls and proposed improvements and landscaping, in accordance with Chapters 30.34,30.74 and 30.80 of the Encinitas Municipal Code, for the property located in the R -8 Zone and Coastal Bluff Overlay Zone, legally described as: 560 Neptune Avenue/ APN: 256-084-11 All of Lot 4 and the Southeasterly4.00 feet of Lot 5 in Block "E" of South Coast park No.3, in the County of San Diego, State of California according to Map thereof No. 1935, filed in the Office of the County Recorder of San Diego County, August 17, 1926; as more fully described in Exhibit A in the Grant Deed for the subject property recorded as Document #2001-0404678 on June 15, 2001 with the San Diego County Recorder's Office. 566 Neptune Avenue/APN: 256-084-10 All of Lot 5 (EXCEPTING THE SOUTHEASTERLY 4.00 FEET THEREOF) in Block "E" of South Coast Park No.3, in the County of San Diego, State of California, according to map thereof No. 1935, filed in the Office of the County Recorder of San Diego County, August 17, 1926; as more fully described in Exhibit A in the Grant Deed for the subject property recorded as Document # 2002-0521298 on June 20, 2002 with the San Diego County Recorder's Office. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on December 19, 2002, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The December 19, 2002 agenda report(s) to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; Cd/DLIRPC99078.257 (12/31/02 - FINAL) 1 PASSED AND ADOPTED this 19th day of December, 2002, by the following vote, to wit: AYES: Commissioners Crosthwaite, Chapo, Birnbaum and Ehlers NAYS: Commissioner Bagg ABSENT: None ABSTAIN: None u~!fw;cuiv yc rosthwaite, hair of the Encinitas Planning Commission ATTEST: /k!:/t. úl~ai ~ atnc urphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. Cd/DLIRPC99078.257 (12/31/02 - FINAL) 3 A TT A CHMENT "A" Resolution No. PC 2002-57 Case No. 99-078 MUP/CDPIEIA FINDINGS FOR A USE PERMIT 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 application includes a request to authorize an existing seawall, existing mid and upper bluff retention system and proposed improvements and landscaping on the coastal bluff. The subject project has significant background history in that many original improvements were done without benefit of permits and a settlement agreement had been made between a previous property owner and the California Coastal Commission. Subsequent to the agreement, due to changing site conditions and sloughing, emergency permits were issued by the California Coastal Commission for the majority of the as-built bluff face improvements. The existing lower seawall consists of an approximately 107 foot long poured in place concrete wall which ranges in height from approximately 13.5 to 15.5 feet. The structure was constructed with caissons, tieback supports and back drains. The seawall was backfilled with a concrete/cement fill. Pour in place forms were utilized to texturize the face of the seawall to mimic the natural character of the coastal bluffs. The mid-bluff wall is approximately 14 feet in height and 50 feet long, and is constructed with vertical steel beams and horizontal wood lagging which is set back approximately Cd/DLIRPC99078.257 (12/31/02 - FINAL) 4 five feet from the lower seawall. Additionally, a 24" x 36" reinforced concrete beam was constructed to span across the base of the wood wall which is anchored with intermediate drilled tie-backs extending 20 feet into the bluff. In order to restore the failed section of the bluff and provide support to the undermined portion of the upper wall, the mid-bluff wall was backfilled with clean angular aggregate at an incline of approximately 1.2:1; said backfill is covered with a top soil to allow for planting. Rock gabion baskets were installed along the edges and the top of the mid-bluff wall to stabilize steepened areas. The upper bluff wall is constructed with shotcrete and tiebacks and is approximately 15 to 29 feet for a length of approximately 100 feet. Discussion: The project does not create the need for any public facilities, services and utilities other than those already servicing the existing residence. Although many of the original improvements were constructed without the benefit of permits, based on past bluff failures, the pre-construction condition of the bluff represented an imminent danger to the existing residence. Site conditions, for the most part, created the need for the bluff face improvements. Although the structures are out of place in an unaltered natural coastal bluff environment, seawalls and mid and upper bluff walls have been in place along this section of the bluff for an extended period of time. There are a number of existing bluff walls in this section of the bluff of similar construction. The construction of the walls and proposed improvements are not a new element in the visual landscape of the beach. A number of measures such as color treatments, sculpted shotcrete, painting, and landscaping are proposed to soften the visual appearance of the existing improvements. Conclusion: The Planning Commission finds that the location, size, design and characteristics of bluff face improvements with proposed improvements and landscaping are compatible with and do not adversely affect and are not materially detrimental to adjacent uses, residences, building, 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: The Major Use Permit application includes a request to authorize an existing seawall, existing mid and upper bluff retention system and proposed improvements and landscaping on the coastal bluff. Pursuantto Section 30.34.020B2.b ofthe Municipal Code, preemptive measures are allowed on the face of the coastal bluff in accordance with the development processing and approval regulations specified in Section 30.34.020C of the Municipal Code. Additionally, Section 30.34.020B9 of the Municipal Code stipulates that until the comprehensive plan is adopted, the City shall not permit the construction of seawalls, revetments, breakwaters, cribbing, or similar structures for coastal erosion except under circumstances where an existing principal structure is imminently threatened and, based on a thorough alternatives analysis, an Cd/DLIRPC99078.257 (12/31/02 - FINAL) 5 emergency coastal development permit is issued and all emergency measures authorized by the emergency coastal permit are designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Emergency permits were issued for the bluff face improvements by the California Coastal Commission. Discussion: The criteria stipulated in Section 30.34.020B9 of the Municipal Code has been addressed in the geotechnical reports and correspondence prepared for the project by the project engineer, Anthony- Taylor Consultants (A TC). Related to the emergency nature of the project, emergency permits were issued by the California Coastal Commission and, as noted in the June 28, 2002 correspondence from A TC, that failure to perform the recommended repairs for the lower seawall, the mid-bluff wall and the upper wall would have continued to leave the residence in a state of real and imminent threat of failure and collapse. Related to an alternatives analysis, alternatives were discussed in the June 28, 2002 correspondence prepared by Anthony-Taylor Consultants. Analysis included alternatives such as no mitigative repairs, removal or relocation of portions of the threatened residence, below ground rear-yard retention system, caisson or sheet pile wall, sand replenishment, rip- rap revetment, and curved seawall design. The as-built improvements were noted as the preferred alternative. Related to mitigating adverse impacts on local shoreline sand supply, the improvements were approved by the California Coastal Commission upon issuance of Emergency Permits and a formal Coastal Development Permit for the lower seawall. The project is conditioned as part of the Coastal Development Permit whereby the applicant shall pay a sand replenishment fee. The Bluff Preemptive Measure Appearance Policy (Appearance Policy) was adopted by the City Council on September 25, 2002 with Resolution No. 2002-04. During the development of the Appearance Policy, given the history of the project site, the existing improvements and the on-site and adjacent site conditions, staff worked with applicant's representative to develop proposed enhancements to the site which will mitigate the visual appearance of the site to the greatest extent feasible. It was agreed by all parties (staff and applicant's representative) that the full intent of the policy could not be fully implemented with the subject site conditions. The project has been reviewed for conformance with the policies of the General Plan related to coastal bluffs and the provisions of the Municipal Code for the Coastal Bluff Overlay Zone and Use Permits including the criteria stipulated in Section 30.34.020B9 of the Municipal Code. The project complies or has been conditioned to comply with said regulations and policies. Conclusion: The Planning Commission finds that approval of the Use Permit allowing the as-built seawall and mid and upper bluff walls with proposed improvements and Cd/DLIRPC99078.257 (12/31/02 - FINAL) 6 landscaping, as conditioned, will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. Cd/DLIRPC99078.257 (12/31/02 - FINAL) 7 FINDINGS FOR PREEMPTIVE MEASURES STANDARD: In accordance with Section 30.34.020C.2 of the Municipal Code, when a preemptive measure is proposed, the following findings shall be made if the authorized agency determines to grant approval: b.(1) The proposed measure must be demonstrated in the soils and geotechnical report to be substantially effective for the intended purpose of bluff erosion/failure protection, within the specific setting of the development site's coastal bluffs. Facts: The subject application includes a request to authorize an existing seawall, existing mid and upper bluff retention system and proposed improvements and landscaping on the coastal bluff. The existing and proposed bluff stabilization measures are further described above in the findings related to the Major Use Permit. Discussion: As noted in the June 23, 2002 letter report from ATC, "Based on the results of the bluff stability analysis for before and after construction site conditions, ..., it is our opinion that the proposed bluff repairs are substantially effective for the intended purpose of bluff erosion/failure protections for the residential structure, and existing vacant parcel." Conclusion: The Planning Commission fmds that information contained within the soils and geotechnical reports demonstrates that the proposed measures are substantially effective for the intended purpose of bluff erosion/failure protection, within the specific setting of the development site's coastal bluffs. b(2) The proposed measure must be necessary for the protection of a principal structure on the blufftop to which there is a demonstrated threat as substantiated by the geotechnical report. Facts: Background information provided by the applicant, including statements from engineers and geologists, document the fact that bluff failures occurred on the site which resulted in the construction of the bluff improvements. Discussion: In a letter report from A TC, the project engineer concludes that "The primary residence on the Bradley property is presently under a real and imminent threat of failure from conditions of unmitigated instability within the mid-and upper bluff soils within the subject property. Additionally, in a letter report dated June 28, 2002 from A TC, the project engineer states that "Based on the results of the bluff stability analysis, the recommended lower bluff and upper bluff repairs were deemed necessary to protect the primary residential structure, the neighboring residence to the north, the vacant parcel, and to increase the overall stability of the site." Conclusion: The Planning Commission fmds that the proposed measure is necessary for the protection of the principal structure on the blufftop to which there is a demonstrated threat as substantiated by the geotechnical reports. Cd/DLIRPC99078.257 (12/31/02 - FINAL) 8 b.(3) The proposed measure will not directly or indirectly cause, promote or encourage bluff erosion or failure, either on site or for an adjacent property, within the site-specific setting as demonstrated in the soils and geotechnical report. Protection devices at the bluff base shall be designed so that additional erosion will not occur at the ends because of the device. Facts: The subject application includes a request to authorize an existing seawall, existing mid and upper bluff retention system and proposed improvements and landscaping on the coastal bluff. Discussion: It is noted in the June 28, 2002 letter report from A TC that "The presence of the shotcrete and seawall located at each end of the seawall is anticipated to reduce the likelihood of erosion adjacent to the wall ends. Related to the beam and lagging wall, A TC further notes that "No erosion at either end of the wall can occur due to the fact that these areas are stabilized by the use of gabion baskets." Additionally, in the June 28, 2002 letter report, A TC certifies that" . .. the proposed development will not have an adverse effect on the stability of the bluff, and is intended to prevent further degradation and extend the useable life span of the bluff portions of the property." A TC further notes that they"... expect the proposed development to be reasonably safe from failure over its lifetime." Conclusion: The Planning Commission finds that there is no evidence to indicate that the proposed measures will directly or indirectly cause, promote or encourage bluff erosion or failure, either on site or for an adjacent property, within the site-specific setting as demonstrated in the soils and geotechnical report. b.( 4) The proposed measure in design and appearance must be found to be visually compatible with the character of the surrounding area; where feasible, to restore and enhance visual quality in visually degraded area; and not cause a significant alteration of the natural character of the bluff face. Facts: The subject application includes a request to authorize an existing seawall, existing mid and upper bluff retention system and proposed improvements and landscaping on the coastal bluff. The existing and proposed bluff stabilization measures are further described above in the findings related to the Major Use Permit. A number of measures such as color treatments, sculpted shotcrete, painting, and landscaping are proposed to soften the visual appearance of the existing improvements. Discussion: Although the structures are out of place in an unaltered natural coastal bluff environment, seawalls and mid and upper bluff walls have been in place along this section of the bluff for an extended period of time. Existing bluff walls in this section of the bluff are of similar construction. The construction of the walls and proposed improvements are not a new element in the visual landscape of the beach. A number of measures such as color treatments, sculpted shotcrete, painting, and landscaping are proposed to soften the visual appearance of the existing improvements. The Bluff Preemptive Measure Appearance Policy (Appearance Policy) was adopted by the City Council on September 25,2002 with Resolution No. 2002-04. During the development Cd/DLIRPC99078.257 (12/31/02 - FINAL) 9 of the Appearance Policy, given the history of the project site, the existing improvements and the on-site and adjacent site conditions, staff worked with the applicant's representative to develop proposed enhancements to the site which will mitigate the visual appearance of the site to the greatest extent feasible. It was agreed by all parties (staff and applicant's representative) that the full intent of the policy could not be fully implemented with the subject site conditions. Conclusion: The Planning Commission fmds that the seawall and upper bluff wall are visually compatible with the character of the surrounding area since the surrounding area includes bluff stabilization measures of similar construction. With the proposed enhancements the walls do not cause a significant alteration of the natural character of the bluff face. b.(5) The proposed device/activity will not serve to unnecessarily restrict or reduce the existing beach width for use or access. Facts: In the June 28, 2002 letter report from A TC, the project engineer notes that "The seawall was constructed as close as possible to the existing face of bluff." ATC further notes that in their opinion"... that the seawall will not unnecessarily restrict or reduce the existing beach width for use or access." Discussion: The seawall is, for the most part, horizontally aligned with the other existing seawalls directly adjacent to the property. Conclusion: The Planning Commission fmds that the seawall does not serve to unnecessarily restrict or reduce the existing beach width for use or access. c. No preemptive measure at the base of the bluff or along the beach shall be approved until a comprehensive plan is adopted as Council policy for such preemptive treatment, for at least the corresponding contiguous portion of the coastal bluff. Preemptive measures approved thereafter shall be consistent with adopted plan. Discussion: The preemptive measures were constructed in response to emergency conditions which resulted due to bluff failures; the applicants are requesting approval of the existing structures and additional improvements and landscaping to further enhance the visual appearance of the structures. The fact that the structures are existing and the emergency nature of the improvements proposed on the site preclude a comprehensive plan from being adopted as policy by City Council for this specific site. The criteria required to be addressed pursuant to Section 30.34.020B9 of the Municipal Code for preemptive measures approved prior to adoption of the comprehensive plan have been addressed. Preparation of the comprehensive plan is currently in process. If feasible from a geotechnical point of view and not resulting in an economic hardship based upon evidence submitted to the City Council, the applicant may be required to participate in the future comprehensive plans, which include their properties. Cd/DLIRPC99078.257 (12/31/02 - FINAL) 10 Conclusion: If feasible from a geotechnical point of view and not resulting in an economic hardship based upon evidence submitted to the City Council, the applicant shall be required to participate in the future comprehensive plans which include the subject property. Criteria for Preemptive Measures: The criteria required to be considered in order to authorize preemptive measures on the top or face of the bluff have been addressed by the geotechnical reports submitted for the project which include the following: Letter Report prepared by Anthony-Taylor, Consultants (A TC) re: Revised Aesthetic Bluff Improvements, dated June 27, 2002 Letter Report prepared by A TC re: Comprehensive Respone to Request for Additional Information, dated June 28, 2002 Supplemental Discussion, Proposed bluff Improvements, Existing Bluff-Quattro Property, prepared by A TC, dated February 26, 2002 Response to Planning Discussions, Discussion of Proposed Landscaping, Existing bluff-Quattro Property, prepared by A TC, dated February 25,2002 Response to Planning Discussions, Proposed Interim Hydroseed Application, Quattro Property, prepared by A TC, dated February 21, 2002 Response to Third Party Review, Proposed Mid-Bluff Repairs, prepared by A TC, dated January 22, 2001 Revised Slope Stability Analysis, Proposed Bluff Repairs, Bradley Residence, prepared by Soil Engineering Construction, Inc., (SEC), dated October 23, 2000 Supplemental Response, Revised Mid/Upper Bluff Repairs, Bradley Property, prepared by ATC, dated October 31, 2000 Structural/Design Calculations, 560 Neptune Avenue, prepared by SEC, dated October 23, 2000 Supplemental Documents, revised Mid/Upper Bluff Repairs, Bradley Property, prepared by ATC dated October 12, and October 31,2000 Revised Geotechnical Update, Bradley Property, prepared by A TC, dated September 27, 2000 Revised Statement of Justification, New Seawall and Revised Mid/Upper bluff Repairs, Bradley Property, prepared by A TC, dated September 27, 2000 Submittal and Request for Formal Permit Processing, Revised Mid/Upper bluff Repairs, Bradley Property, prepared by A TC, dated September 27, 2000 Letter Report - Slope Stability Analysis, Proposed Bluff Repairs, Bradley Residence, prepared by SEC, dated September 20,2000 Structural/Design Calculations, 560 Neptune Avenue, prepared by SEC, dated September 6, 2000 Request for Emergency Permit Approval, Revised Mid-Bluff Repairs, Stabilization of Existing Shotcrete Cover, Bradley Property, prepared by A TC, dated December 23, 1999 Structural/Design Calculations, 560 Neptune Avenue, prepared by SEC, dated December 8, 1999 Review of Response to Third Party Review, Bradley Property, prepared by Engineering Geology Consultants, dated May 26, 1999 Response to Third Party Document Review, Proposed Seawall and mid-Bluff Repairs, Bradley, Property, prepared by A TC, dated May 3, 1999 Cd/DLIRPC99078.257 (12/31/02 - FINAL) 11 Supplemental Project Discussion - Bradley Bluff Repair, prepared by A TC, dated March 11, 1999 Statement of Justification, Proposed Seawall and Mid-Bluff Repairs, Bradley Property, prepared by ATC, dated February 1,1999 Updated Geotechnical Evaluation, Bradley Property, prepared by A TC, dated December 11, 1998 The geotechnical reports/letters were reviewed by Third Party Geotechnical Consultant GeoPacifica, which found that said reports provide information to adequately meet the standards of the City of Encinitas Municipal Code, Section 30.34.020C and D. Cd/DL/RPC99078.257 (12/31/02 - FINAL) 12 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following fmdings 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 proj ects 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. Facts:. The subject application includes a request to authorize an existing seawall, existing mid and upper bluff retention system and proposed improvements and landscaping on the coastal bluff. A number of measures such as color treatments, sculpted shotcrete, painting, and landscaping are proposed to soften the visual appearance of the existing improvements. The site is designated as Residential 5.01 -8.0 du/ac on the Land Use Designation map of the General Plan and is zoned R -8 on the Zoning Map. Additionally, as the site sits atop the coastal bluff it lies within the Coastal Bluff Overlay Zone. The lower seawall which is included as part of the Major Use Permit application lies within the boundaries of the original jurisdiction of the Coastal Commission and requires a Coastal Development Permit under the authority of the Coastal Commission. A Coastal Development Permit for the lower seawall was authorized in June 1999 (CDP # 6-99-41) by the California Coastal Commission. The portion of the Coastal Development Permit subject to review by the City relates to the existing mid and upper bluff walls with proposed improvements and landscaping. The subject site includes two underlying legal lots, one is developed with a single family residence and the other is vacant. The bluff face improvements span the two lots. The project site does not currently provide private or public access to the shore, and the project does not propose any public access or public recreational faciltiies. Discussion: With approval of the Major Use Permit, as conditioned, the proposed project is in conformance with the developrnent standards of the Coastal Bluff Overlay Zone, the General Plan and the Local Coastal Plan. Based on an environmental initial study prepared by the City of Encinitas dated October 28, 2002, it was determined that due to mitigation measures no significant negative environmental impacts would result from the proposed project design. Cd/DLIRPC99078.257 (12/31/02 - FINAL) 13 Public access or public recreational facilities are not feasible given the project site's condition as a bluff-top residential property. Therefore, no condition requiring public access is imposed with this approval. Public access to the shore is available in the near vicinity with Stonesteps, Beacon's and Grandview access. 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. Conclusion: The Planning Commission fmds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas, 2) that with mitigation measures no adverse impacts will be associated with the project, and 3) providing public access or recreational facilities is not feasible or appropriate for a project of this type or scale. Cd/DLIRPC99078.257 (12/31/02 - FINAL) 14 Applicant: Location: SCI ATTACHMENT "B" Resolution No. PC2002-57 Case No. 99-078 MUP/CDPIEIA John Quattro and Jacquelyn Foster 560 and 566 Neptune Avenue SPECIFIC CONDITIONS: SC2 SC5 SC8 SC9 This approval will expire on December 19, 2004 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. This project is conditionally approved as set forth on the application and project drawings stamped received by the City on July 13, 2002, consisting of 13 sheets including Title Sheet (2 Sheets), Geological/Geotechnical Site Plan, Repair Plan, Seawall/BluffElevation, Cross Sections, Wall Details, Details, Irrigation/Landscape Plan and Repairs to Upper Bluff, all designated as approved by the Planning Commission on Decenber 19, 2002, and shall not be altered without express authorization by the Community Development Department. Project participants shall agree in writing not to oppose participating in any proposed future governmental study addressing bluff stability and/or beach sand transport along the entire City coastline. Additionally, the applicants shall agree in writing to participate in any future comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. All construction and improvements under the authority of the Coastal Development Permit issued by the Coastal Commission for the lower seawall must be in conformance with and approved by the Coastal Commission prior to final inspection by the Community Development Department. SC lOA Temporary Beach Encroachment Permit shall be received from the Engineering Services Department prior to initiating any work on the beach. SC 11 All proposed improvements associated with the project related to enhancements of the visual appearance including, but not limited to, color treatments, painting, shotcrete, sculpting, removal of wood members and ladders, and landscaping shall be completed within 180 days of this approval unless otherwise approved by the Community Development Director. The aesthetic measures are further described in the June 28, 2002 letter report and the approved Irrigation/Landscape Plan both prepared by Anthony-Taylor Consultants which are on file in the Community Development Department. CdlDL/RPC99078.257 (12/31/02 - FINAL) 15 SC 12 Prior to initiating the aesthetic measures as referenced above, samples shall be completed in the field and presented to Community Development Department staff, in order to analyze and select the most appropriate colors, painting and sculpting techniques for blending with the bluff setting and minimizing the visual appearance of the bluff improvements. SC 13 Upon completion of the plant material installation, a letter certifying that the landscape plant material has been installed according to the City approved plans shall be prepared by the landscape architect and submitted to the Community Development Department. Said letter is required prior to final inspection approval by the Community Development Department. Gl STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 G3 G4 G5 G13 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. 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. 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. 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. 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 issuance of the beach encroachment permit 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. Cd/DL/RPC99078.257 (12/31/02 - FINAL) 16 G14 U2 U3 U7 BLI BL2 A plan shall be submitted for approval by the Community Development Department, the Engineering Services Department, and the Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction ofthe project. 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. 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. 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 amendmentto the use permit by the authorized agency. Owner(s) shall enter into and record a covenant satisfactory to the City Attorney waiving any claims ofliability 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. The applicant shall execute and record a covenant to the satisfaction of the Community Development Department setting forth the terms and conditions of this approval prior to the issuance of building permits. Said covenant shall also provide that the property owner shall be responsible for maintaining the approved structure(s) in good visual and structural condition in a manner satisfactory to the Directors of Engineering Services and Community Development. 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 numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. Cd/DL/RPC99078.257 (12/31/02 - FINAL) 17 E2 El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT COMPLIANCE WITH THE FOLLOWING CONDITION(S): REG ARDIN G All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. Cd/DL/RPC99078.257 (12/31/02 - FINAL) 18