2010-11-04 Item 2 Case 2009-103PCINCITY OF ENCINITAS
PLANNING COMMISSION
AGENDA REPORT
Meeting Date: November 4, 2010
TO: Planning Commission
VIA: % -Tom Curriden, City Planner
FROM: Planning and Building Department
A4 Roy Sapa'u, Senior Planner
SUBJECT: Public Hearing for a Planning Commission Interpretation of what constitutes natural
grade for purposes of measuring height of structures and basement construction for a proposed
development on four existing legal lots. The subject lots are located in the R-11 (Residential 11)
zone, the Hillside/Inland Bluff Overlay Zone, the Scenic/Visual Corridor Overlay Zone, the
Coastal Zone and within the Cardiff Community area in the City of Encinitas. CASE NUMBER:
09-103 PCIN; APPLICANT: Mike Clark; LOCATION: Northeast corner of Chesterfield Drive
and Glasgow Avenue (APNs: 260-413 -15, -16, -17 & -18)
BACKGROUND: The site consists of four existing legal lots and is currently vacant. The site
slopes steeply downward from west to east. An existing public drainage inlet and pipe currently
runs underneath Glasgow Avenue road and outfalls onto the subject site at a drainage culvert,
creating an eroded drainage course running west to east approximately within the center of the
site. The surrounding neighborhood consists of a mix of single and multifamily residential
structures. The property most adjacent to the north of the subject property is developed with a
single-family residence. The two adjacent properties to the west and south across Glasgow Avenue
and Chesterfield Drive, respectively, are developed with single-family dwelling units. The property
adjacent to the east is developed with an apartment complex.
The applicant submitted a Design Review Permit, Variance and Coastal Development Permit
application (Case No. 07-188 DR/CDP) on December 12, 2007 to construct a twinhome on the two
northerly lots and to consolidate the two southerly lots to accommodate the development of a
single-family dwelling unit. This application is currently on hold and awaiting the outcome of this
PCIN request. The application and project plans will be modified accordingly to reflect the subject
PCIN determination and will be scheduled on a near future Planning Commission meeting agenda.
ANALYSIS: The applicant desires to utilize an assumed natural grade, as depicted on the attached
project drawing (Exhibit PC-2), and not the existing drainage channel grade elevation, to
accommodate the future development of the four lots. Photographs of the eroded drainage channel
are attached as Exhibit PC-1.
PBD\RS\T:\Reports\SR09-103PCIN.doc - 1 -
2-1
V
Encinitas Municipal Code and LCP Compliance: Pursuant to Section 30.16.01OB(6)(c) of the
Encinitas Municipal Code, "Natural grade may be determined by the Planning Commission with
consideration given to:
1. The prevailing topography of the site which has existed for some period of time prior to review
of a project under consideration. Documentation of the grade shown on photographs, historical
topographic surveys and/or in geotechnical reports prepared by certified professionals may be
utilized case by case basis to determine the natural grade for purposes of development. The
review shall take into account the vegetation on the site, the existing earth forms at the time of
the review and the expectation that a reasonable person would consider the grade to be natural.
Small earth form irregularities in topography, such as pits or mounds and similar features may
be disregarded:
2. Grading or other modifications of earth forms which result in gaining an advantage for future
development shall not be considered natural grade when substantial evidence can reasonably
document that the grading or modifications of earth forms have resulted in circumvention of the
regulations in the Municipal Code."
According to the applicant, the existing slope irregularity in the form of an eroded drainage channel
on the property was created as a result of water draining from an existing underdeveloped public
drainage pipe. The drainage pipe was installed in conjunction with the road improvements for
Glasgow Avenue by the County of San Diego. The drainage inlet and most of the length of the pipe
are located within the public right-of-way. However, the open end of the pipe extends onto the
subject property directing all of the water coming out of the pipe to drain onto the subject property.
The drainage facility was not properly designed and installed to capture the water and direct it to a
proper public storm drain facility. Instead, the water drains onto the subject property creating an
irregular eroded channel and, consequentially, a burden to the property owner. The Municipal Code
allows for the Planning Commission to disregard "earth form irregularities in topography" when
determining natural grade and takes into account the existing earth forms and the expectation that a
reasonable person would consider the grade to be natural. The proposed disregarding of the
drainage channel earth form will not result in a circumvention of the regulations. of the Municipal
Code. The applicant proposes to utilize an assumed grade by interpolating from the grade patterns
adjacent to the channel to propose an assumed grade that a reasonable person would consider
natural. The assumed/proposed grade would be considered the natural grade and will be utilized for
measuring building heights and for purposes of determining basement construction compliance.
CITIZEN'S PARTICIPATION PLAN (CPP): The Planning Commission Interpretation
application is not subject to the Citizen's Participation Plan (CPP) process since the request is only
for interpretation of provisions of the Municipal Code and no development or construction is
proposed. The pending application for construction of a one single-family dwelling unit and- a
twinhome will be required to implement and satisfy CPP requirements.
ENVIRONMENTAL REVIEW: The interpretation of provisions of the Municipal Code by the
Planning Commission is not subject to environmental review as per Section 15060(c) of the
CEQA Guidelines because the activity in question is not a project as per Section 15378(b)(2) of
the CEQA Guidelines.
PBD\RS\T:\Reports\SR09-103PCIN.doc -2-
2-2
FISCAL AND STAFF IMPACTS: No direct fiscal or staff impacts to the City have been
identified.
ALTERNATIVE ACTIONS: Alternative actions available to the Commission include: (1)
Determine that the natural grade is as proposed by the applicant and shown on the project plans
stamped received by the City of Encinitas on October 25, 2010; (2) Determine that the natural
grade should be the current prevailing topography of the site; or (3) Continue the hearing for
further information and review.
LIST OF ATTACHMENTS:
Exhibit PC-1 Color Photos of the site with the drainage pipe and culvert.
Exhibit PC-2 Project drawing consisting of a one sheet Site Plan.
PBD\RS\T:\Reports\SR09-103PCIN.doc - 3 -
2-3
EXHIBIT PC-1
Color Photos
Case No. 09-103 PCIN
November 4, 2010
2-4
- ~7 4 3~
i r
41,
y.
LL Z
1
S
5b ~L
we'l-
.
Y1
n
IP
'f
m ~sr
P~
J:
C7 `tiF G
Y J
:Y e
A d
2-5
t R
•T~
y' r .
'ki
cY _ i-
k
7,4p-v
xf
T
wrf
6
x
'I w
~L 1 l xP'~ ' U .t ,S r s,l• ,.j - t ~ ~ +`4 v~ A~9 - '
1 li { ` } } 4 - , _ - } ifs
F
k4J
7 r 6i t
b°Y
~ 0. ~ l- 3,11
zf - Yak M1+ t 4 _ a'"'e.~.
'Al
617
2M
~lj
al-
LL
a ~i
rR5 of E{cc NO r `f r 1 r ri<c A'
Y 3 fr =wi¢~ c * r s'K~
uw,
L
wi,
xi v a ~a
~4 I S
_ P%-
,
Ve-
Y
}tea Y~ l ~l L } ice..
y
%
QAYF~
} Srte,~ S z„s 1~ m ti
r t U
(I=;1r fix } - t}Ye,. Ti..t~
zip,
A, T
Ir-
(E a y
'Y
P, Aw
f ~ r
~ E
R
y
s
z t;.
}
t _
r~
~ r 4
EXHIBIT PC-2
Project Site Plan
Case No. 09-103 PCIN
November 4, 2010
2-9