2009-23RESOLUTION NO. PC 2009-23
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT MODIFICATION AND COASTAL
DEVELOPMENT PERMIT TO AUTHORIZE PROPOSED STRUCTURAL
REINFORCEMENT OF AN EXISTING UPPER BLUFF RETENTION SYSTEM WITH A
ROW OF TIEBACKS AND THE PROPOSED ENCASEMENT OF THE ENTIRE
SYSTEM WITH ARCHITECTURALLY-NATURALIZING COLORED CONCRETE
FACING AND PROPOSED LANDSCAPING AND TEMPORARY IRRIGATION
IMPROVEMENTS IMMEDIATELY ADJACENT TO THE BOTTOM OF THE WALL
FOR THE PROPERTY LOCATED AT 794 NEPTUNE AVENUE
(CASE NO. 08-087 MUPMOD/CDP; APN: 256-011-05 & -09)
WHEREAS, a request for consideration of a Major Use Permit Modification and Coastal
Development Permit filed by Robert Trettin on behalf of Grey Diamond Marketing Inc. to authorize
structural reinforcement of an existing, now exposed, upper bluff caisson retention system. The
entire system will be encased with architecturally-naturalizing colored concrete facing.
Landscaping and temporary irrigation are also proposed immediately adjacent to the bottom of
the wall. The proposed shotcrete wall will be at a maximum height of 32 feet including a five
(5)-foot minimum deep toe/cut off trench at the bottom of the wall. A row of tiebacks (six (6)
total tiebacks, placed approximately eight (8) feet on center) is also proposed at approximately 21.5
feet below the top of the upper bluff wall and will be installed with new concrete grade beams. The
above improvements are proposed in accordance with Chapters 30.34 (Special Purpose Overlay
Zone), 30.74 (Use Permit) and 30.80 (Coastal Development Permit) of the Encinitas Municipal
Code, for the property located in the Residential 11 (R-11) zone, Coastal Bluff Overlay Zone and
within the Coastal Zone, legally described as:
LOT 13, BLOCK 11, SOUTH COAST PARK NO. 2, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1859, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 21,
1925, AS MORE FULLY DESCRIBED IN THE GRANT DEED FOR THE SUBJECT
PROPERTY RECORDED ON SEPTEMBER 13, 2000 WITH THE SAN DIEGO COUNTY
RECORDER'S OFFICE AS DOCUMENT #2000-0490084.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on August 6, 2009, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
The August 6, 2009 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code and associated Land Use
Maps;
Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
Project plans consisting of five (5) sheets, including Cover Sheet, Site Plan-Propose
Repair, Profile Section A-A and Standard Abbreviations, Shotcrete Wall
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Construction (Wall Elevation, Table "A" and Sections) and Photos Showing
Proposed Work, Tables and General Notes; and Landscape Improvement Plans
consisting of three (3) sheets, including Landscape Planting, Temporary Irrigation
Plan with Irrigation Notes and Irrigation Details; all stamped received by the City of
Encinitas on July 13, 2009.
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
30.74 (Use Permit), 30.34 (Coastal Bluff Overlay Zone) and 30.80 (Coastal Development Permit) 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 Case No. 08-087 MUPMOD/CDP subject to the following
conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review as per
California Environmental Quality Act (CEQA) Guidelines Sections 15269(c) and 15301(d),
which respectively exempt specific actions necessary to prevent or mitigate an emergency and
restoration or rehabilitation of deteriorated or damaged structures to meet current standards of
public health and safety.
PASSED AND ADOPTED this 6"' day of August, 2009, by the following vote, to wit:
AYES: Chapo, Felker, Sharmon, Steyaert and Van Slyke
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
A 17
Patrick Murphy
Secretary
Paul Van Slyke, Chair the
Planning Commission of the
City of Encinitas
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2009-23
Case No. 08-087 MUPMOD/CDP
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
proj ect;
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;
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 subject application request is for a Major Use Permit Modification and
Coastal Development Permit to authorize structural reinforcement of an existing upper
bluff drilled pier caisson retention system authorized by the Coastal Commission through
Emergency Permit No. 6-99-35-G and approved by the City of Encinitas through Case No.
00-113 MUP/CDP, under Resolution No. PC 2001-11. The improvements consist of a
row of tiebacks (six (6) total tiebacks, placed approximately eight (8) feet on center)
proposed at approximately 21.5 feet below the top of the upper bluff wall and will be
installed with new concrete grade beams. The entire system will be encased with
architecturally-naturalizing colored concrete facing. Landscaping and temporary
irrigation are also proposed immediately adjacent to the bottom of the wall.
Pursuant to Section 30.34.020B2.b of the 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
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similar structures for coastal erosion except under circumstances where an existing principal
structure is imminently threatened and, based on a thorough alternatives analysis, an
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. An emergency permit was issued for the bluff face improvements by
the California Coastal Commission.
Discussion: The project does not create the need for any public facilities, services and
utilities other than those already servicing the existing residence. The criteria stipulated in
Section 30.34.020B9 of the Municipal Code have been addressed in the geotechnical reports
and correspondence prepared for the project by the project engineer, Soil Engineering
Construction, Inc. (SEC). Related to the emergency nature of the project, Emergency
Permit No. 6-99-35-G was issued by the California Coastal Commission on March 1, 1999
for the existing upper bluff retention system. As noted in the February 20, 2008 Preliminary
Geotechnical Evaluations prepared by from SEC, based on the ongoing mid-bluff erosion
presently extending eastward intersecting the rear yard caisson system, it was concluded that
without remedial emergency maintenance, the bluff will continue to fail between, and
potentially behind the caissons, ultimately impacting the residential structure.
Related to an alternatives analysis, alternatives were discussed in the December 1, 2008
letter report prepared by SEC. Analysis included alternatives such as construction of a
series of short cut-off walls (mid-bluff area), construction of a significantly higher lower
coastal seawall with back-fill and no project. The proposed measures were noted as the
preferred alternative by Soils Engineering Construction, Inc. The geotechnical
reports/letters, prepared by Soils Engineering Construction, Inc. were subject to a Third
Party Geotechnical Review by the City's Geotechnical Consultant, Geopacifica.
Geopacifica found that said geotechnical reports provide information to adequately meet the
standards of the City of Encinitas Municipal Code Sections 30.34.020C and D.
Related to mitigating adverse impacts on local shoreline sand supply, the retention system
was approved by the California Coastal Commission upon issuance of Emergency Permit
No. 6-99-35-G. The California Coastal Commission typically requires an applicant to pay a
sand replenishment fee.
The Bluff Preemptive Measure Appearance Policy was adopted by the City Council on
September 25, 2002 with Resolution No. 2002-04. The project includes the encasement of
the entire retention system with architecturally-naturalizing colored concrete facing in
compliance with Resolution 2002-04 to mitigate any potential visual impacts and proposed
landscaping and temporary irrigation. The proposed landscaping includes variety of native
plants and groundcover species that will provide effective erosion control, are salinity
tolerant and will survive without supplemental irrigation. The proposed irrigation system is
on a temporary basis only and will be capped and disconnected upon mature establishment
of the proposed landscaping for a time estimate of two (2) to three (3) years.
The landscaping improvements and encasement of existing wall with shotcrete will restore
the natural bluff appearance in conformance with the Appearance Policy and not cause any
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significant alteration of the natural character of the bluff face. There are no environmental
issues associated with the project; therefore the City has determined that the project is
exempt from environmental review pursuant to CEQA Guidelines Sections 15269(c) and
15301(d), which respectively exempt specific actions necessary to prevent or mitigate an
emergency and restoration or rehabilitation of deteriorated or damaged structures to meet
current standards of public health and safety. The criteria required to be considered in
order to authorize improvements to existing preemptive measures on the face of the bluff
have been addressed by the geotechnical information submitted with the project application.
The geotechnical reports/letter were reviewed by the 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 30.34.020 C and D.
Conclusion: The Planning Commission finds that the proposed improvements are suitable
for the site and will be compatible with, and will not adversely affect or be materially
detrimental to, adjacent uses, buildings, structures, or natural resources, and are consistent
with the policies of the Encinitas General Plan or the provisions, regulations, conditions or
policies imposed by the Municipal Code.
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FINDINGS FOR PREEMPTIVE MEASURE WITHIN THE COASTAL BLUFF
OVERLAY ZONE
STANDARD: In accordance with Section 30.34.020C2(b) of the Municipal Code, the
following findings shall be made if the authorized agency determines to grant approval:
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 request is for a Major Use Permit Modification and
Coastal Development Permit to authorize structural reinforcement of an existing upper
bluff drilled pier caisson retention system authorized by the Coastal Commission through
Emergency Permit No. 6-99-35-G and approved by the City of Encinitas through Case No.
00-113 MUP/CDP, under Resolution No. PC 2001-11. The improvements consist of a
row of tiebacks (six (6) total tiebacks, placed approximately eight (8) feet on center)
proposed at approximately 21.5 feet below the top of the upper bluff wall and will be
installed with new concrete grade beams. The entire system will be encased with
architecturally-naturalizing colored concrete facing. Landscaping and temporary
irrigation are also proposed immediately adjacent to the bottom of the wall. The
landscaping includes a variety of native species that will provide effective erosion
control, are salinity tolerant and will survive without supplemental irrigation once
established. The proposed irrigation system is on a temporary basis only for a time
estimate of two (2) to three (3) years and will be capped and disconnected upon mature
establishment of the proposed landscaping.
Pursuant to Section 30.34.020B2.b of the 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
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. An emergency permit was issued for the bluff face improvements by
the California Coastal Commission.
Discussion: The proposed structural and landscaping improvements have been analyzed by
engineering geologists who have found, based on site-specific conditions, that the bluff
stabilization measures are adequately designed to protect the bluff at the subject property
from erosion and/or failure. Within their letter response dated December 1, 2008, Soils
Engineering Construction (SEC) states that the proposed improvements will be
"substantially effective in reducing erosion/failure along the bluff top." The criteria required
to be considered in order to authorize improvements to existing preemptive measures on the
face of the bluff have been addressed by the geotechnical information submitted with the
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project application. The geotechnical reports/letters were reviewed by the 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 30.34.020 C
and D.
Conclusion: The Planning Commission finds that the proposed measures are 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.
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: Based on review of the application material, the subject property experienced
ongoing unexpected occurrences in the form of mid-bluff sloughage immediately below the
subject residences.
Discussion: Within their Preliminary Geotechnical Report dated February 20, 2008, Soils
Engineering Construction (SEC) states that "without remedial emergency maintenance, the
bluff will continue to fail between, and potentially behind, the caissons, ultimately impacting
the residential structure in the near future." The criteria required to be considered in order to
authorize improvements to existing preemptive measures on the face of the bluff have been
addressed by the geotechnical information submitted with the project application. The
geotechnical reports/letters were reviewed by the 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 30.34.020 C and D.
Conclusion: The Planning Commission finds 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 report.
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: Based on the Preliminary Geotechnical Report dated February 20, 2008 by Soils
Engineering Construction (SEC), the ongoing mid-bluff erosion is presently extending
eastward intersecting the rear yard caisson system.
Discussion: The proposed measures and landscaping will be constructed so that it will
eliminate the potential for erosion to occur at the ends of the wall. SEC certifies that the
proposed work will not impact the structural integrity of the surrounding properties.
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
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failure, either on site or for an adjacent property, within the site-specific setting as
demonstrated in the soils and geotechnical report.
4. The proposed measures 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 request is for a Major Use Permit Modification and
Coastal Development Permit to authorize structural reinforcements to an existing upper
bluff drilled-pier caisson retention system authorized by the Coastal Commission through
an Emergency Permit No. 6-99-35-G and approved by the City of Encinitas through Case
No. 00-113 MUP/CDP, under Resolution No. PC 2001-11. The improvements consist of
a row of tiebacks (six (6) total tiebacks, placed approximately eight (8) feet on center)
proposed at approximately 21.5 feet below the top of the upper bluff wall and will be
installed with new concrete grade beams. The entire system will be encased with
architecturally-naturalizing colored concrete facing. Landscaping and temporary
irrigation improvements are also proposed immediately adjacent to the bottom of the
wall.
Discussion: The existing upper bluff retention system is proposed and conditioned to be
encased with architecturally-naturalizing concrete facing (shotcrete) to mitigate any
potential visual impacts. The project also includes proposed landscaping and temporary
irrigation. The proposed landscaping includes a variety of native plants and groundcover
species that will provide effective erosion control, are salinity tolerant and will survive
without supplemental irrigation. The proposed irrigation system is on a temporary basis
only and will be capped and disconnected upon mature establishment of the proposed
landscaping within a time estimate of two (2) to three (3) years. The encasement of the
existing wall with shotcrete and mid-bluff reconstruction will restore the natural bluff
appearance in conformance with the Appearance Policy and not cause any significant
alteration of the natural character of the bluff face.
Conclusion: The Planning Commission finds the proposed improvements, with the
shotcrete surface layers for the walls and landscaping, are visually compatible with the
character of the surrounding area and do not cause a significant alteration of 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 project site is currently developed with an existing lower seawall. The proposed
improvements include the encasement of the entire existing upper bluff retention system
with architecturally-naturalizing concrete facing and proposed landscaping improvements
adjacent to the bottom of the wall.
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Discussion: The proposed tiebacks and encasement of the existing upper bluff retention
system with color-sculpted shotcrete and proposed landscaping will not restrict or reduce the
existing beach width for use or access. The proposed improvements will be eastward of the
existing lower seawall and will not serve to unnecessarily restrict or reduce the existing
beach width for use or access.
Conclusion: The Planning Commission finds that the proposed improvements do not serve
to unnecessarily restrict or reduce the existing beach width for use or access.
6. 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 emergency nature of the improvements proposed on the site precludes a
comprehensive plan from being adopted as policy by City Council for this specific site.
Preparation of the comprehensive plan is currently in process. 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.
Conclusion: The Planning Commission finds that the demonstrated emergency condition
addressed by the improvements precludes prior adoption of the comprehensive plan,
currently in process. The applicant may be required to participate or comply with the
comprehensive plan following its adoption by the City of Encinitas and the California
Coastal Commission as provided for therein.
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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:
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 projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The subject application request is for a Major Use Permit Modification and
Coastal Development Permit to authorize structural reinforcement of an existing, now
exposed, upper bluff drilled pier caisson retention system authorized by the Coastal
Commission through Emergency Permit No. 6-99-35-G and approved by the City of
Encinitas through Case No. 00-113 MUP/CDP, under Resolution No. PC 2001-11. The
improvements consist of a row of tiebacks (six (6) total tiebacks, placed approximately
eight (8) feet on center) proposed at approximately 21.5 feet below the top of the upper bluff
wall and will be installed with new concrete grade beams. The entire system will be
encased with architecturally-naturalizing colored concrete facing. Landscaping and
temporary irrigation are also proposed immediately adjacent to the bottom of the wall.
The site is located within the Ecological Resource/Open Space/Parks (ER/OS/P) Zone,
Coastal Appeal Zone and the R-11 zoning district of the City of Encinitas. Additionally, as
the site sits atop the coastal bluff, it lies within the Coast Bluff Overlay Zone. The Coastal
Development Permit for the proposed improvements and proposed landscaping and
temporary irrigation is subject to review by the City and can be appealed to the Coastal
Commission.
Discussion: With approval of the Major Use Permit Modification, as conditioned, the
proposed project is in conformance with the development standards of the Coastal Bluff
Overlay Zone, the General Plan and the Local Coastal Plan. The project was determined to
be exempt from environmental review as per California Environmental Quality Act
(CEQA) Guidelines Sections 15269(c) and 15301(d), which respectively exempt specific
actions necessary to prevent or mitigate an emergency and restoration or rehabilitation of
deteriorated or damaged structures to meet current standards of public health and safety.
Alternatives were discussed in the Geotechnical Report prepared by Soils Engineering
Construction Inc. (SEC) in their report dated February 20, 2008. Analysis included
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alternatives such as construction of a series of short cut-off walls (mid-bluff area),
construction of a significantly higher lower coastal seawall with back-fill and no project.
The proposed remedial measures were noted as the preferred alternative by SEC. The
criteria required to be considered in order to authorize improvements to existing preemptive
measures on the face of the bluff have been addressed by the geotechnical information
submitted with the project application. The geotechnical reports/letters were reviewed by
the City's 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 30.34.020 C and D.
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 Stone Steps, Beacon's and Grandview access. Since there was no 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) the project as proposed will not
have a significant effect on the environment, and 3) providing public access or recreational
facilities are not feasible or appropriate for the proposed development and is in conformity
with public recreation policies of Section 30200 et. seq. of the Coastal Act.
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ATTACHMENT "B"
Resolution No. PC 2009-23
Case No. 08-087 MUPMOD/CDP
Applicant: Robert Trettin
Location: 794 Neptune Ave (APN 256-011-05 & -09)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two (2) years from the date of this approval, on August 6, 2011 at 5:00 pm,
or the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application dated received by the
City on June 17, 2008 and project plans consisting of five (5) sheets, including Cover Sheet,
Site Plan-Propose Repair, Profile Section A-A and Standard Abbreviations, Shotcrete Wall
Construction (Wall Elevation, Table "A" and Sections) and Photos Showing Proposed
Work, Tables and General Notes; and Landscape Improvement Plans consisting of three (3)
sheets, including Landscape Planting, Temporary Irrigation Plan with Irrigation Notes and
Irrigation Details; all stamped received by the City of Encinitas on July 13, 2009, all
designated as approved by the Planning Commission on August 6, 2009, and shall not be
altered without express authorization by the Planning and Building Department.
SCA Prior to Planning Department final inspection approval, property owner 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
property owner 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.
SCB All proposed improvements associated with the project related to enhancements of the
visual appearance including, but not limited to, color treatments, Shotcrete, sculpting, and
landscaping shall be completed to the satisfaction of the Planning and Building Department
within one (1) year of this approval unless otherwise approved by the Planning & Building
Director. The aesthetic measures are further described in the approved project plans
prepared by SEC which are on file in the Planning & Building Department.
SCC Prior to initiating the aesthetic measures as referenced above, samples shall be completed
in the field and presented to Planning & Building 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. Consideration
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shall also be given to the appropriate measures for terminating/transitioning the shotcrete
treatment at property lines.
SCD 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 Planning & Building Department. Said
letter is required prior to final inspection approval by the Planning Department. Upon
completion of the slope plantings, a field visit shall be conducted by the Planning &
Building Department staff and the project landscape architect; if it is determined at that
time that sufficient screening is not provided, additional landscaping improvements shall
be required to be provided by the applicant. The additional plantings shall be installed to
the satisfaction of the Planning & Building Director prior to final inspection approval.
SCE The plans to satisfy the following conditions shall be approved and secured to the
satisfaction of the Engineering Services Department prior to issuance of the grading
permit:
1. The soils report for the proposed project shall be approved by the City Geotechnical
Consultant prior to issuance of a grading or beach encroachment permit.
2. A beach encroachment permit shall be obtained for work on the beach from the City of
Encinitas consistent with City policies and regulations.
3. The applicant shall obtain a grading permit from the Engineering Department for the
proposed upper bluff stabilization prior to start of construction.
4. A pollution control system shall be designed and installed on site during all construction
activity. The system shall prevent discharge of contaminants into the ocean.
SCF An open space easement shall be executed and recorded to the satisfaction of the
Planning and Building Department to conserve the coastal bluff face between the coastal
bluff edge and the most westerly property line. Said coastal bluff conservation action
shall prohibit the alteration of land forms, removal of vegetation, or the erection of
structures of any type except as permitted herein and/or by written authorization by the
City of Encinitas Planning and Building Department. This does not preclude the exercise
of emergency measures and future routine maintenance improvements for the existing
lower seawall and upper bluff retention system as directed and authorized by the City of
Encinitas Planning and Building Department in accordance with Section 30.34.020B2 of
the Encinitas Municipal Code. Said open space easement shall be clearly depicted on the
plans submitted for grading permit issuance in reliance on this approval to the satisfaction
of the Planning and Building Department and Engineering Services Department and shall
be recorded prior to issuance of said grading permit.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
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G3 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.
G4 Prior to grading permit issuance, the owner shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of
approval and shall be of a form and content satisfactory to the Planning and Building
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any
claims of liability against the City and agrees to indemnify, hold harmless and defend the
City and City's employees relative to the action to approve the project.
G5 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.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
G13 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
grading permit issuance to the satisfaction of the Planning and Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
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.
G14 A plan shall be submitted for approval by the Planning and Building 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
proj ect.
L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape
Program), which requires a landscape and irrigation plan to be prepared by a State licensed
landscape designer. The requirements for the plans are listed in Chapter 23.26. The
landscape and irrigation plans including the required signature block of the State licensed
landscape designer must be submitted as part of the building permit application for the
proj ect.
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L2 All required plantings and automated irrigation systems shall be in place prior to Planning
final inspection. All required plantings and automated irrigation systems shall be
maintained in good condition, and whenever necessary, shall be replaced with new materials
to ensure continued compliance with applicable landscaping, buffering, and screening
requirements. All landscaping and irrigation systems shall be maintained in a manner that
will not depreciate adjacent property values and otherwise adversely affect adjacent
properties. All irrigation lines shall be installed and maintained underground (except drip
irrigation systems).
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building 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 of
an amendment to the use permit and approval by the authorized agency.
US 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.
BL1 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.
BL2 The applicant shall execute and record a covenant to the satisfaction of the Planning and
Building Department setting forth the terms and conditions of this approval prior to the
issuance of grading 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 Planning and
Building Department.
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BU An "as-built geotechnical report" shall be submitted to the Planning and Building and
Engineering Services Departments, for review and acceptance, prior to approval of structure
inspection. The report shall outline all field test locations and results, and observations
performed by the consultant during construction of the proposed structure(s). 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.
BL4 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 occupancy) until the as-built report is received
and the content of the report is found acceptable by the Planning and Building and
Engineering Services Departments.
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 sea wall(s). 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 Planning and Building 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.
BL6 The property owner shall monitor the irrigation system to ensure that no over-watering
occurs. The proposed landscape system shall be disconnected as specified in the approved
Landscape and Irrigation Letter Report within one year from final approval of the project. If
sufficient evidence is submitted showing that the plantings are not fully established after one
year, the time period for utilization of the irrigation system may be extended to ensure the
proper establishment of the plantings.
E1 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 permit
issuance shall apply.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
EG1 Grading Conditions
EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
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EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG6 Separate grading plans shall be submitted and approved and separate grading permits
issued for borrow or disposal sites if located within city limits.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work. The report shall be
submitted with the first grading plan submittal and shall be approved prior to issuance of
any grading permit for the project.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the owner shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The owner shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October 1st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ECB1 Coastal Bluff Conditions
EC134 Any structure, device, or facility necessary to strengthen a portion of the coastal bluff
and/or retard erosion shall appear as a natural feature consistent and compatible with the
adjacent natural bluff in both color and form. Specifically, projects shall:
A) Simulate the natural surface characteristics of the adjacent geologic formation(s),
including texture, color variations, and random surface topography;
B) Minimize straight tops (e.g.: undulate the tops of walls and vary the wall
alignment);
C) Minimize lines and seams between pours and form joints; and
D) Minimize repetitive surface patterns.
If landscaping is required for erosion control, projects shall incorporate native, drought-
tolerant and/or naturalizing plant material appropriate for the exposed coastal bluff area.
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All plant material shall have the ability to naturalize without supplemental irrigation after
an establishment period of three years or less, unless a qualified and certified landscape
and irrigation professional demonstrates that continued water would not be a factor in
bluff erosion.
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