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2002-27 RESOLUTION NO. 2002 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINIT AS APPROVING A MAJOR USE PERMIT MODIFICATION FOR THE APPROVAL OF AS-BUILT UPPER BLUFF RETENTION SYSTEMS ON EACH OF THREE (3) RESIDENTIAL PROPERITES LOCATED AT 492, 510 & 518 NEPTUNE AVENUE (CASE NO. 98-089 MUP-MOD-APNs: 256-261-02,03 & 06) WHEREAS, a request for consideration of a Major Use Permit Modification application was filed by Paul T. Harlow, Larry and Corinne Simondes for the approval of as-built upper bluff retention systems, in accordance with Chapters 30.34 and 30.74 of the Encinitas Municipal Code on three (3) residential properties located in the R-8 zone legally described as: Harlow: (492 Neptune Avenue) LOT 7 AND LOT 8 OF BLOCK "D" OF SEASIDE GARDENS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924. EXCEPTING THEREFROM THAT PORTION, IF ANY, HERETOFORE, OR NOW, LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. Simondes: (510 Neptune Avenue) LOT 4 OF BLOCK "D" OF SEASIDE GARDENS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924. EXCEPTING THEREFROM THAT PORTION, IF ANY, HERETOFORE, OR NOW, LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. (518 Neptune Avenue) LOT 3 AND THE SOUTHERLY 20 FEET OF LOT 2 OF BLOCK "D" OF SEASIDE GARDENS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924. EXCEPTING THEREFROM THAT PORTION, IF ANY, HERETOFORE, OR NOW, LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on June 20, 2002, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The June 20, 2002 agenda report to the Planning Commission with attachments; 98-089 MUP/MOD June 20, 2002 (FINAL) 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 8 sheets, including the following drawings: "Harlow Residence 492 Neptune Avenue, 1 of 3, Neptune Group Location Plan" dated June 26, 1997; "Harlow Residence 492 Neptune Avenue, 2 of 3, Site Plan and Profile Section A-A" dated June 26, 1997; "Harlow Residence 492 Neptune Avenue, 3 of 3, Details and Notes" dated June 26, 1997, all date stamped received by the City of Encinitas on April 15, 1998. "Sbordone Property 510 & 518 Neptune Avenue, 1 of 5, Cover Sheet" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 2 of 5, Neptune Avenue Group Location Plan" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 3 of 5, Site Plan" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 4 of 5, Profile Sections" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 5 of 5, Sections, Details and Notes" dated December 7, 1998 and date stamped received by the City of Encinitas on February 5, 1999. WHEREAS, the Planning Commission made the following findings pursuant to Sections 30.34.020 and 30.74.070 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 98-089 MUP-MOD subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, accepts the Addendum to a previously approved Environmental Initial Study which found that the project is not likely to result in any significant adverse environmental impacts. The Addendum, reviewed and approved by the Planning Commission as part of this project, found that since the subject project is a modification to an existing Major Use Permit and involves similar activities within the same vicinity, the conclusions of the original Negative Declaration issued for Case No. MUP 93-111 (Richards et. at) are applicable to the subject application now before the Planning Commission for consideration. Additionally, the Addendum found that the subject project would not have significant impacts on the environment, based upon the fact that the design features and conditions of approval required to avoid significant environmental impacts associated with the original project have been included and / or required of the subject project. 98-089 MUP/MOD June 20, 2002 (FINAL) 2 PASSED AND ADOPTED this 20th day of June, 2002, by the following vote, . to wit: AYES: Commissioners Birnbaum, Crosthwaite, Bagg, Chapo, and Ehlers NAYS: None ABSENT: None ABSTAIN: None (!j i!UJ JIM ~ ATTEST: y Crosthwaite, Chairperson ncinitas Planning Commission /Si¿ ~4e~ ~~ Patrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenge. 98-089 MUP/MOD June 20, 2002 (FINAL) 3 ATTACHMENT "A" RESOLUTION NO. 2002 -27 FINDINGS FOR MAJOR USE PERMIT STANDARD: Section 30.74.070 of the Encinitas Municipal Code provides that an application for a Major Use Permit shall be approved unless findings of fact are made based upon the information presented in the application or during the hearings 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; The unsuitability of the site for the type and intensity of use or development which is proposed; and The harmful effect, if any, upon environmental quality and natural resources of the City. b. c. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; or 3. The project fails to comply with any other regulations, conditions or policies imposed by the Municipal Code. Facts: In mid-1993, the California Coastal Commission provided emergency permit authorization for the construction of upper bluff retention systems for several adjoining properties (470, 478, 498,502-504 and 524 Neptune Ave.) and since the issuance of the permit these systems have been completed. These properties, with the addition of the subject of 492,510 & 518 Neptune Avenue, subsequently received Encinitas approval of a Major Use Permit in 1993, permitting the construction of a lower coastal bluff seawall (Resolution # PC93-24- "Richards et al"). The approved lower seawall was subsequently completed. This permit also approved upper bluff retention systems to the north and south of the subject properties. Occurrences of geologic instability and failure in the immediate vicinity of the subject sites persuaded the applicants that immediate action was warranted for the installation of structural devices to protect their properties. Therefore engineered upper bluff retention systems were installed, pursuant to Special Condition #2 of Regular Coastal Development Permit #6-93-131. The subject permit application as submitted by the applicants is to modify existing Major Use Permit 93-111 to authorize the upper buff retention systems on a permanent basis. Municipal Code Section 30.34.020C designates the Planning Commission as the decision-making authority for development within the Coastal Bluff Overlay Zone. 98-089 MUP/MOD June 20, 2002 (FINAL) 4 Discussion: Bluff-top properties within the Leucadia community are subject to special geologic conditions in which land sliding may occur, with a resultant loss of property values, including the possible loss of principal residential structures. It is therefore recognized (by the Encinitas Municipal Code and the California Coastal Act) that under conditions of imminent geologic instability, the utilization of certain preemptive measures is justifiable (Municipal Code Section 30.34.020C2b). The subject properties had constructed lower seawall protection devices, after which landsliding events occurred within the immediate vicinity of the project site. This local geologic instability posed an immediate threat to the subject properties (492, 510 & 518 Neptune Avenue). In response to this threat, the subject property owners, in reliance upon Special Condition #2 of Regular Coastal Development Permit #6-93131, installed the upper bluff retention systems on each of the subject properties. The installation of these upper bluff retention systems have eliminated gaps in an otherwise continuous band of upper bluff retention devices, extending from 470 Neptune Avenue to 524 Neptune Avenue, as anticipated by the previously referenced Coastal Commission permit. Appropriate Environmental Review has been conducted on the upper and lower mid bluff retention devices, and it has been found that the project(s) will pose no significant adverse impact on the project site or to the surrounding area. No additional public facilities are necessary for this project. Conclusion: The Planning Commission finds that the subject upper bluff retention systems will generate no harmful effects upon environmental quality and natural resources of the City and that the impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. 98-089 MUP/MOD June 20, 2002 (FINAL) 5 FINDINGS FOR DEVELOPMENT WITHIN THE COASTAL BLUFF OVERLAY ZONE STANDARD: Section 30.34.020C2b of the Encinitas Municipal Code provides that an application for development within the Coastal Bluff Overlay Zone shall be approved subject to the following findings: b. When a preemptive measure is proposed, the following findings shall be made if the authorized agency determines to grant approval: (Ord. 91-19) (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. The report must analyze specific site proposed for development. (Ord. 91-19) Facts: Under "Conclusions and Recommendations" on page 3 of the "Updated Geotechnical Review/ Plan for Emergency Construction Proposed Upper Bluff Retention System, 510 & 518 Neptune Avenue" dated January 12, 1999 and prepared by Soil Engineering Construction the document states that the upper bluff retention system is needed "to prevent imminent substantial failure (of the bluff) of a degree sufficient to impact the residential structures on the site." Also, on page 3 of the July 14, 1997 "Updated Geotechnical Review / Request for Emergency Processing Proposed Upper Bluff Retention System Harlow Residence 492 Neptune Avenue" report prepared by Soil Engineering Construction, Inc. it states "Based on the findings presented above, it is recommended that a upper bluff retaining system be constructed at the site." And "It is our opinion that if the upper bluff retention system proposed is not constructed, imminent failure of the upper bluff will occur and loss of the existing residence will also occur." Conclusion: The Planning Commission finds that, based on the results of the bluff stability analyses of the project geotechnical reports, the upper bluff retention system is substantially effective for the intended purpose of bluff erosion / failure protection for the residential structures on 492,510, and 518 Neptune Avenue. (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 site specific geotechnical report. (Ord. 91-19) Facts: Under "Conclusions and Recommendations" on page 3 of the "Updated Geotechnical Review / Plan for Emergency Construction Proposed Upper Bluff Retention System" dated January 12, 1999 and prepared by Soil Engineering Construction the document states that the upper bluff retention system is needed "to prevent imminent substantial failure (of the bluff) of a degree sufficient to impact the residential 98-089 MUP/MOD June 20, 2002 (FINAL) 6 structures on the site." Also, on page 3 of the July 14, 1997 "Updated Geotechnical Review / Request for Emergency Processing Proposed Upper Bluff Retention System Harlow Residence 492 Neptune Avenue" report prepared by Soil Engineering Construction, Inc., it states "Based on the findings presented above, it is recommended that a upper bluff retaining system be constructed at the site." And "It is our opinion that if the upper bluff retention system proposed is not constructed, imminent failure of the upper bluff will occur and loss of the existing residence will also occur." Discussion: Based on the results of the bluff stability analyses of these geotechnical reports, the upper bluff retention system is substantially effective for the intended purpose of bluff erosion / failure protection for the residential structures on 492, 510, and 518 Neptune Avenue. As presented in these geotechnical reports the results of the slope stability analyses clearly demonstrate that the factors of safety against sliding, without an upper bluff retention system, are less than, which is required to protect the residential structures from a potential bluff failure. Conclusion: The Planning Commission finds that the proposed measure is necessary for the protection of principal structures on the blufftop to which there is a demonstrated threat as substantiated by site specific geotechnical reports. (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 internally installed upper bluff stability systems at 492 Neptune Avenue and 510-518 Neptune Avenue are flanked on both sides by existing upper bluff stability systems. Discussion: The upper bluff retention system installed at the site is a buried wall. This type of system allows the bluff on the seawall site to erode at its normal rate of erosion. The system is flanked by existing upper bluff systems that add stability and prevent erosion. No erosion at either end of the Harlow wall (492 Neptune) can occur due to the fact that the upper bluff retention system abuts the existing upper bluff walls at the residences both north and south of the subject site. Similarly, no erosion at either end of the Simondes wall (510-518 Neptune Avenue) can occur due to the fact that the upper bluff retention system abuts the existing upper bluff walls at the residence at the south end (502-504 Neptune Avenue) and the residence at the north end (522 Neptune Avenue). 98-089 MUP/MOD June 20, 2002 (FINAL) 7 Conclusion: The Planning Commission finds that the upper bluff retention systems 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. (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 areas; and not cause a significant alteration of the natural character of the bluff face. Facts: The upper bluff retention system is constructed primarily below existing grade in the subject properties blufftop and is not visible on the bluff face. Conclusion: The Planning Commission finds that the upper bluff retention system does not adversely affect the character of the surrounding area and does not significantly alter the natural character of the bluff face. (5) The proposed device/activity will not serve to unnecessarily restrict or reduce the existing beach width for use or access. Facts: The upper bluff retention system is constructed primarily below existing grade in the subject properties blufftop. The subject properties do not offer beach access. The installation of the bluff stability system does not require any reduction in beach width. Conclusion: The Planning Commission finds that the upper bluff retention systems are constructed at the top of the bluff and therefore will not restrict or reduce the width of the existing beach 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; the applicants are requesting approval of the existing structures. The fact that the structures are existing precludes a comprehensive plan from being adopted as policy by City Council for this specific site. The criteria required to be addressed pursuant to Section 30.34.020B.9 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 98-089 MUP/MOD June 20, 2002 (FINAL) 8 required to participate in the future comprehensive plans, which include their properties. 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. 98-089 MUP/MOD June 20, 2002 (FINAL) 9 SC5 A TT ACHMENT "B" RESOLUTION NO. 2002-27 CONDITIONS OF APPROVAL SCI SPECIFIC CONDITIONS: SC2 This approval will expire on June 20, 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 consisting of 8 sheets, including the following drawings: "Harlow Residence 492 Neptune A venue, 1 of 3, Neptune Group Location Plan" dated June 26, 1997; "Harlow Residence 492 Neptune Avenue, 2 of 3, Site Plan and Profile Section A-A" dated June 26, 1997; "Harlow Residence 492 Neptune Avenue, 3 of 3, Details and Notes" dated June 26, 1997, all date stamped received by the City of Encinitas on April 15, 1998. "Sbordone Property 510 & 518 Neptune Avenue, 1 of 5, Cover Sheet" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 2 of 5, Neptune Avenue Group Location Plan" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 3 of 5, Site Plan" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 4 of 5, Profile Sections" dated December 7, 1998; "Sbordone Property 510 & 518 Neptune Avenue, 5 of 5, Sections, Details and Notes" dated December 7, 1998 and date stamped received by the City of Encinitas on February 5, 1999, all designated as approved by the Encinitas Planning Commission on June 20, 2002, and shall not be altered without express authorization by the Community Development Department. SCA Municipal Code Section 30.34.020B.6 provides that no irrigation system shall be maintained within the 40' bluff setback area. All watering within the 40' bluff setback area must be done by hand utilizing a standard hose bib, which itself shall have a minimum setback of 40 feet from the edge of bluff. The irrigation system located on the Harlow property (492 Neptune) west of the primary residential structure shall therefore be removed within 30 days of the date of this approval. SCB Should erosion or incremental bluff failure cause these internal elements of the project to become exposed in whole of in part, they are to be reassessed for engineering integrity and faced with a treatment that would cause them to blend into the bluff. SCC Project participants shall agree in writing to not 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 98-089 MUP/MOD June 20, 2002 (FINAL) IO City to address coastal bluff recession and shoreline erosion problems in the City. SCD 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 final inspection approval. 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. SCE An "as-built geotechnical report", reviewed and signed by both the soils/geotechnical engineer and the project engineering geologist, shall be completed and submitted to the City prior to final inspection approval. The project shall not receive final inspection approval until the as-built report is received and the content of the report is found acceptable by the Community Development and Engineering Services Departments. SCF Prior to issuance fmal inspection approval the project shall be reviewed and approved by the Engineering Services Department for drainage and Best Management Practices. STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 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. 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 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 Districts) 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. 98-089 MUP/MOD June 20, 2002 (FINAL) ] ] U8 BLI BL3 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. 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. All project grading shall conform with that shown on the approved project plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a use permit modification for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. 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. An "as-built geotechnical report" shall be submitted to the Community Development and Engineering Services Departments, for review and acceptance, prior to approval of the foundation inspection. The report shall outline all field test locations and results, and observations performed by the consultant during construction of the proposed structure(s), and especially relative to the depths and actual location of the foundations. The report shall also verify that the recommendations contained in the Geotechnical Investigation Report, prepared and submitted in conjunction with the application, have been properly implemented and completed. 98-089 MUP/MOD June 20, 2002 (FINAL) ]2 BL5 The applicant shall submit on or before September 1 of each year a written report by a qualified professional engineer assessing the condition of the approved structure(s). The report shall indicate the condition of the approved structures as well as any maintenance/repair actions needed to maintain the efficacy of the structure(s). The assessment shall also include monitoring of the erosion rate on both sides of the bluff control measure. If erosion is occurring that may eventually expose the cliff wall, remedial measures shall be made to prevent the erosion. Said monitoring program shall be submitted to, and corrective measures shall be reviewed and approved by the Community Development Department and Engineering Services Department, prior to implementation of any corrective measures. Any maintenance/repair work needed shall be completed prior to the next winter storm period. Fl FIRE CONDITIONS: CONTACT THE ENCINIT AS 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 residential structure. The numbers shall contrast with their background, and shall be no less in height than: Four (4") inches for single family homes and duplexes; Eight (8") inches for commercial and multi-family residential buildings; and Twelve (12") inches for industrial buildings. 98-089 MUP/MOD June 20, 2002 (FINAL) I3