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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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