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2002-15 RESOLUTION NO. PC 2002-15 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE PROPOSED DEMOLITION OF TWO RESIDENTIAL UNITS AND FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 544 & 546 FOURTH STREET (CASE NO.: 01-264 CDP; APN: 258-073-16 & 21) WHEREAS, a request for consideration of a Coastal Development Permit was filed by Kyron Brimmer on behalf of Ernie Wakabayashi to allow the demolition oftwo existing residences and the construction of a new single family residence, in accordance with Chapters 30.34 and 30.80 of the Encinitas Municipal Code, for the property located in the D-RI5 Zone legally described as: Lots 6 and 11, in Block 41, Encinitas in the County of San Diego, State of California, according to Map thereof No. 148, filed in the Office of the County Recorder of San Diego County, June 1, 1883, together with that portion of the alley in said block 41 lying between and adjoining said lots 6 and 11 which would revert thereto by virtue of the vacation and abandonment thereof by Resolution No. 122 of the Board of Supervisors of San Diego County, a certified copy of which was recorded April 1 0, 1959 in Book 7599, Page 278 of Official Records. Excepting therefrom any portion of said Lot 11, 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 May 9, 2002, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The May 9, 2002 agenda report to the Planning Commission with attachment~ 2. The General Plan, Local Coastal Program, Municipal Code, the Downtown Specific Plan, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Preliminary Geotechnical Evaluation and Bluff Study dated November 6, 2001, Response to Third Party Review dated January 15, 2002, and Response to Third Party Review dated March 19, 2002 prepared by GeoSoils, Inc.; Cd/dl/RPCO1264.215 (5/17/02- FINAL) 1 6. Third Party Reviews of project Geotechnical Infonnation and project plans prepared by Geopacifica Geotechnical Consultants, dated December 19, 2002, February 7, 2002 and March 26, 2002, April 8, 2002 and April 30, 2002; and 7. Project drawings consisting of 10 sheets total, including Site Demo Plan and Roof Plan, Demolition Plans, Floor Plans, Exterior Elevations and Building Sections, Exterior Elevations, and Grading and Improvement Plan (4 sheets), all dated received by the City of Encinitas on April 19, 2002, and the Landscape-IrrigationPlan, dated received by the City of Encinitas on March 28, 2002; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.34 and 30.80 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 No. 01-264 CDP subject to the following conditions: (SEE ATTACHMENT liB") 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 15303(a) of the CEQA Guidelines, which exempts the construction of up to three single-family residences from environmental review in urbanized areas. Cd/dllRPCO1264.215 (5/17/02- FINAL) 2 PASSED AND ADOPTED this 9th day of May, 2002, by the following vote, to wit: AYES: Commissioners Birnbaum, Crosthwaite, Bagg, Chapo and Ehlers NAYS: None ABSENT: None ABSTAIN: None elL ~~----- Adam Birnbaum, Chair of the Encinitas Planning Commission ATTEST: NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. Cd/dllRPCO1264.215 (5/17/02- FINAL) 3 ATTACHMENT "A" Resolution No. PC 2002-15 Case No. 01-264 CDP Bluff Setback Determination: The criteria required to be considered in order to approve construction on the coastal bluff maintaining the standard 40 foot setback have been addressed by the Preliminary Geotechnical Evaluation and Bluff Study dated November 6,2001, the Response to Third Party Review dated January 15,2002, and the Response to Third Party Review dated March 19, 2002 prepared by GeoSoils, Inc. The geotechnical reports were reviewed by a third party geotechnical consultant, Geopacifica, which found that said geotechnical reports provide infonnation to adequately meet the standards of the City of Encinitas Municipal Code, Section 30.34.020C and D. At the most landward portion of the bluff edge, the project proposes to maintain a minimum bluff top setback of approximately 53 feet for the structure and approximately 47 feet for a second story cantilevered deck, which confonns to the standard 40 foot bluff setback. Since the cantilever portion of the structure maintains the standard 40 foot bluff setback additional findings are not required for authorizing said deck. However, as part of the Geotechnical Review it was specified that the cantilever portion of the structure will not adversely surcharge the bluff area. Cd/dl/RPCO1264.215 (5/17/02- FINAL) 4 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development confonns 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 confonnity with the public access and public recreation policies of Section 30200 et. seq. ofthe Coastal Act. Facts: The site is designated as SP (Specific Plan) on the Land Use Designation map ofthe General Plan and is zoned Residential 15 (DR-15) within the Downtown Encinitas Specific Plan. Additionally, as the site sits atop the coastal bluff it lies within the Coastal Bluff Overlay zone. The project proposes the demolition of two existing residential units and the construction of a new two-story single family residence. The proposed residence, at the most landward portion of the bluff edge, maintains a minimum bluff top setback of approximately 53 feet for the structure and approximately 47 feet for a second story cantilevered deck. As depicted on the project drawings, except for the front yard setback and on-site parking, the project confonns with the Development Standards of the DR-15 Zone and the Coastal Bluff Overlay Zone in which the site is located. The proposed front yard setback does not confonn to the required 15 foot front yard setback of the DR- 15 zone. However, since the existing (eastern) unit currently maintains a legal nonconfonning front setback, as stipulated in Section 30.76.120 of the Municipal Code, the structural nonconfonnity can be reconstructed for the continuation of the nonconfonnity provided such nonconfonnity is not increased in density or intensity. As proposed, the residence will maintain a 10.75' setback to the wall of the first floor and a 9.75' setback to the wall of the second floor, which is consistent with the existing legal non-confonning front yard setbacks of the easterly unit. The existing structures currently maintain legal non-confonning parking. Pursuant to Chapter 30.54 ofthe Municipal Code, two parking spaces per unit are required for single-family or two-family dwellings (attached or attached); structures over 2500 square feet require a third space which can be provided in the front driveway. Under today's standards, the two existing units would require a total of 4 on-site Cd/dl/RPCO1264.215 (5/17/02- FINAL) 5 parking spaces, however, only two on-site parking spaces are provided within the existing enclosed garage. Area is available within the existing driveway; however, the drive does not meet the minimum 18 feet back-up requirement. As proposed, the project will provide two on-site parking spaces, one less than the three required for homes over 2500 square feet. The parking may be authorized since it is not an intensification of the existing non-conforming parking. The project site does not currently provide access to the shore, and the project does not propose any public access or public recreational facilities. Policy 1.6 of the Public Safety Element of the General Plan stipulates that all new construction shall be designed and constructed such that it could be removed in the event of endangennent and the applicant shall agree to participate in any comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. Discussion: In confonnance with Policy 1.6 of the Public Safety Element of the General Plan, the applicant has submitted a statement noting that they agree to participate in any comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. Additionally, in correspondence dated January 29, 2002, the structural engineer for the proj ect notes that the structure could be moved, either as a unit or as structurally separable units. This in no way represents a commitment on the part of the owner or owner's successors to remove the structure(s) at any time. The proposed project is in confonnance with the development standards of the Municipal Code, the General Plan, the Downtown Specific Plan and the Local Coastal Program. The project will not cause significant negative impacts to the surrounding area and the project will not adversely impact public coastal access. Public access or public recreational facilities are not feasible given the project site's conditions as a blufftop residential property. Therefore no condition requiring public access is imposed with this approval. Public access to the shore is available in the vicinity with the D Street stairway and Moonlight Beach. Since there was not public access through the property prior to this application, the ability of the public to access the shore is not adversely impacted with this application. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas, 2) required finding No. 2 is not applicable since no significant adverse environmental impact is associated with the project, and 3) the providing of public access or recreational facilities is not feasible or appropriate for a project ofthis scale. Cd/dl1RPCO1264.215 (5/17/02- FINAL) 6 Applicant: Location: SCI A TT A CHMENT "B" Resolution No. PC 2002-15 Case No. 01-264 CDP Kyron Brimmer on behalf of Ernie Wakabayashi 544 and 546 Fourth Street SPECIFIC CONDITIONS: SC2 SC5 This approval will expire on May 9, 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 10 sheets total, including Site Demo Plan and Roof Plan, Demolition Plans, Floor Plans, Exterior Elevations and Building Sections, Exterior Elevations, and Grading and Improvement Plan (4 sheets), all dated received by the City of Encinitas on April 19, 2002, and the Landscape-Irrigation Plan, dated received by the City of Encinitas on March 28, 2002; all designated as approved by the Planning Commission on May 9, 2002, and shall not be altered without express authorization by the Community Development Department. SCA As agreed to by the applicant, no bluff protection for improvements within the standard 40 foot coastal bluff setback, shall be authorized if said improvements are threatened in the future. Additionally, the improvements shall be monitored and planned retreat of the minor accessory structures shall occur with bluff erosion. When the bluff edge erodes to a point which is within one foot of an improvement, affected improvements shall be relocated eastward in 10 foot increments. SCB SCC A building site plan depicting the precise on-site grading shall be submitted, and approved by the City Engineer prior to building permit issuance. The precise site/grading plan shall provide the design for Best Management Practice measures to treat runoff from the roof and hard surface areas. In order to prevent any runoff discharging over the coastal bluff, a drainage collection system shall be designed to direct all the runoff from the proposed building and hard surface areas to Fourth Street. SCD If an automatic irrigation system is proposed for this project, it shall be designed to avoid any excess watering. The system shall also 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 shall be required for installation of an automatic irrigation system. Cd/dl/RPCO1264.215 (5/17/02- FINAL) 7 SCE SCF Gl Best Management Practices shall be utilized for stonn water pollution control to the satisfaction of the City Engineer. The surface runoff shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or public stonn drain system. If pipes are used for area drainage, inlets shall be located to allow maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch, reinforced with an erosion control blanket, or a rip rap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscape areas and driveways shall be sloped toward grass and landscaped areas. Driveways with a grass or gravel lined swale in the middle can be used if site topography does not allow discharge of driveway runoff over landscape areas. The grading plan shall identify all landscape areas designed for stonn water pollution control. Any future modifications to the approved project will be reviewed to determine if the proposal is in substantial confonnance with the project originally approved by the Coastal Development Pennit. Modifications beyond the scope described therein may require submittal and approval of an amendment of the Coastal Development Pennit by the authorized agency. STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 G3 G4 G5 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.Ó4 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 pennit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the tenus and conditions of this grant of approval and shall be of a fonD 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 Pennit issuance unless specifically waived herein. Cd/dllRPCO1264.215 (5/17/02- FINAL) 8 G7 G13 G14 G19 BLI BL3 BL4 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Pennit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. 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 of the project. Garages enclosing required parking spaces shall be kept available and useable for the parking of owner/tenant vehicles at all times. 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 perfonned 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. 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 within 15 working days after completion of the project. The project shall not be considered complete (and thereby approved for use or CdJdl/RPCO1264.215 (5/17/02- FINAL) 9 Bl occupancy) until the as-built report is received and the content of the report is found acceptable by the Community Development and Engineering Services Departments. BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R REGARDING 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 Unifonn Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes. These comments are preliminary only. A comprehensive plancheck will be completed prior to pennit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. 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 structure. The height of the address numbers shall confonn to Fire Department Standards. F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to issuance of building pennits. FI8 El CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the satisfaction of the Encinitas Fire Department. ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading pennit issuance shall apply. Cd/dl/RPCO1264.215 (5/17/02-FINAL) 10 ED 1 Drainage Conditions ED3 ED5 ESI A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Engineering Services Director to properly handle the drainage. The developer shall pay the current local drainage area fee prior to final inspection approval for this project or shall construct drainage systems in confonnance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. Street Conditions ES6 ES7 EUI Utilities EU4 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and record a covenant with the County Recorder agreeing not to oppose the fonnation of an assessment district to fund the installation of right-of-way improvements. In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and record a covenant with the County Recorder agreeing not to oppose the fonnation of an assessment district to fund the undergrounding of utility facility improvements. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Cd/dl1RPCO1264.215 (5/17/02- FINAL) 11