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2016-34 (EG)RESOLUTION NO. PC 2016 -34 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A COASTAL DEVELOPMENT PERMIT TO AUTHORIZE THE DEMOLITION OF AN EXISTING RESIDENCE AND THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME WITH ASSOCIATED SITE IMPROVEMENTS AT THE PROPERTY LOCATED AT 438 NEPTUNE AVENUE (CASE NO. 15 -122 CDP; APN: 256 - 282 -05) WHEREAS, Paul Meardon submitted an application for a Coastal Development Permit (CDP) to authorize the demolition of an existing residence and the construction of a new single - family residence with associated site improvements located at 438 Neptune Avenue, legally described as; Lot 3 in Block "C" of Seaside Gardens, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County, August 6, 1924. WHEREAS, the Planning Commission conducted a duly noticed public hearing on June 2, 2016; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. 15 -122 CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination The project proposes the demolition of an existing residence and the construction of a new single - family residence with a basement totaling 4,869 square feet, and an attached basement garage totaling 795 square feet. The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (1)(1) and 15303(a). Section 15301 (1)(1) of the California Environmental Quality Act (CEQA) exempts from environmental review the demolition of a single - family residence. Section 15303(a) exempts the construction of a single - family residence from environmental review. The project meets these criteria of the exemptions. None of the exceptions in CEQA Guidelines Section 15300.2 exists and no historic resources will be impacted by the proposed project. Section 2. Discretionary Action(s) Findings Based on Encinitas Municipal Code Section 30.80.090 (Coastal Development Permit), findings for a Coastal Development Permit and the aforementioned analysis, Planning Commission has made the following findings to support the recommendation of approval, with conditions: Finding for Coastal Development Permit Explanation of Finding 1. The proposed project is consistent with The proposed project includes the construction the certified Local Coastal Program of of a new 3,756- square foot single - family the City of Encinitas. residence with a 1113- square foot basement and a 795 - square foot attached garage. The project site is located within the R -8 Zone, in the Coastal Commission's appeal jurisdiction of the Coastal Zone, Floodplain Overlay Zone and the Coastal Bluff Overlay Zone. The applicant is proposing several improvements within the 40 -foot bluff setback, including a 42 -inch tall glass railing, an at -grade concrete /paver patio and a six -foot tall perimeter fence with pier style footings. All minor accessory structures including the fencing will be located five feet inland from the bluff edge as per Encinitas Municipal Code Section 30.34.0201 B. None of these improvements will require the issuance of a building permit. Additionally, a second -story cantilevered deck is proposed eight feet or 20% within the required 40 -foot bluff setback. Encinitas Municipal Code Section 30.34.020C1 allows for a 20% encroachment into the required 40 -foot bluff -top setback. With standard engineering practices the applicant must demonstrate that the second - story cantilevered deck will not create an unnecessary surcharge on the bluff and that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure. Based upon the information contained on the site - specific geotechnical analysis, the applicant has demonstrated that the structure will not create an unnecessary surcharge load on the bluff. Additionally, no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure. The cantilevered deck is located on the southwest to the middle portion of the west elevation, and is facing the Pacific Ocean. A line -of -sight analysis has been provided in the application file to demonstrate that the proposed second -story deck will not affect any private views from the properties located to the north and south of the project site. No public view sheds exist within Finding for Coastal Development Permit Explanation of Finding the proximity of the project site and the cantilevered portion of the structure will be directly behind the proposed residence and not visible. Therefore, the proposed cantilevered deck and second -story floor area will not affect public or private views. The site - specific geotechnical analysis that has been completed for this project has determined that the demolition of the existing residence and construction of a new single - family home on the subject property will have no adverse effect on the stability of the coastal bluff. It has also concluded that the project will not endanger life and property. Further, it indicates that any proposed structure or facility constructed on the site is expected to be reasonably safe from failure and erosion over its lifetime, without having to propose any shore or bluff protection to protect the structure in the future, provided that the recommendations contained in the geotechnical study are properly incorporated into the project design. The City's third party geotechnical consultant (Geopacifica) concluded that the geotechnical reports and letter addendums provided as a part of the project review have addressed all site conditions and have provided all the necessary information to satisfy the requirements of the Encinitas Municipal Code. The project as proposed and conditioned conforms to the R -8 Zone development standards related to building height, setbacks, lot coverage, floor area ratio and off - street parking. Finding for Coastal Development Permit Explanation of Finding 2. The proposed project is consistent with The project conforms with Public resources the certified Local Coastal Program of Code Section 21000 (CEQA). The project has the City of Encinitas. The proposed been determined to be exempt from development conforms with Public environmental review pursuant to California Resources Code Section 21000 et al. Environmental Quality Act (CEQA) Guidelines (CEQA) and that there are no feasible Sections 15301(l)(1) and 15303(a). Section mitigation measures or feasible 15301(l)(1) exempts the demolition of an alternatives available which would existing residence and Section 15303(a) substantially lessen any significant exempts the construction of a single-family adverse impact that the activity may residence, and associated garage, from have on the environment. environmental review. The project meets these criteria of the exemptions. None of the exceptions in CEQA Guidelines Section 15300.2 exists and no historic resources will be impacted by the proposed 3. For projects involving development Public access is not available or feasible on between the sea or other body of water the site because it is a steep bluff top property and the nearest public road, approval located on the west side of Neptune Avenue. shall include a specific finding that such development is in conformity with In accordance with Section 30212 of the the public access and public recreation Coastal Act, public beach access already policies of Section 30200 et seq. of the exists and is available at Stonesteps. Coastal Act. Pursuant to the requirements in Section 30212 of the Coastal Act, recreational opportunities are already adequately available at North El Portal Viewpoint to allow the public to access the beach and shore. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings h8F8iObefO[8 adopted by the P|8DOiDg COODnliS8iOD, C8S8 NO. 15-122 CDP is hereby approved subject tU the conditions iD Exhibit A. PASSED AND ADOPTED this 2 d day of June, 2016 by the following vote, to wit: AYES: O'Grady, Drakos and Boerner Horvath NOES: None ABSTAIN: None ABSENT: Brandenberg Secretary 'Michael Glenn O'Grady, Ch—aj EXHIBIT "A" Resolution No. PC 2016 -34 Case No. 15 -122 CDP Applicant: Paul Meardon Location: 438 Neptune Avenue (APN: 256- 282 -05) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on June 2, 2018 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 and project drawings stamped received by the City on May 5, 2016, consisting of eight sheets including Sheet A -1 (Site Plan /Project Info), A -2 and A -3 (Floor Plans), A -4 (Exterior Elevations), L -1 (Landscape Concept Plan), EX -1 (Basement/ Lot Slope Exhibits), A -2 (Basement Plan and Exterior Elevations) and a preliminary grading plan (2 Sheets), all designated as approved by the Planning Commission on June 2, 2016, and shall not be altered without express authorization by the Planning and Building Department. SCA The following Planning Department conditions shall be completed to the satisfaction of the Director of the Planning and Building Department: The applicant shall participate in any comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. 2. No irrigation shall be permitted within the 40 -foot bluff setback. 3. No improvements shall be permitted within 5 feet of the coastal bluff edge except for landscaping. 4. No grading improvements (i.e. shoring) associated with the construction of the single - family structure including the basement shall be permitted within the 40 -foot bluff setback except as specifically permitted herein. 5. 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 removal /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 as directed and authorized by the City of Encinitas Planning and Building Department and California Coastal Commission in accordance with Section 30.34.0202132 of the Encinitas Municipal Code. Said open space easement shall be clearly depicted on the plans submitted for building and 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 building and grading permits. 6. The type of landscaping /irrigation installed on the site shall be subject to the review and approval of the Planning and Building Department. SCB The following conditions shall be completed to the satisfaction of the Engineering Division: 1. The applicant shall provide public improvements along the frontage by removing and replacing the curb, gutter, and sidewalk and providing a half width AC grind and overlay along the property's frontage. The proposed driveway curb cut shall not occupy more than 40% of the property frontage as shown on the CDP site plan. 2. As proposed on the Coastal Development Permit (CDP) site plan, all drainage shall be directed toward the street; no runoff shall be allowed to discharge over the face of the bluff. Prior to discharge from the site, all runoff generated by new and /or removed and replaced impervious surfaces shall be treated by permanent post construction BMP facilities. The CDP site plan identifies the use of impermeable liners in the bioretention basins because of the proximity to the bluff; because of this, a perforated underdrain pipe shall be used to discharge the filtered runoff from the system. 3. Prior to the commencement of any clearing or grading, the applicant shall obtain a grading permit from the Engineering Department for the proposed development. The required frontage improvements shall be permitted on the grading plan. If shoring is required, it shall be reviewed and permitted as part of the grading plan. 4. The undocumented fill identified in the soils report shall be removed and recompacted as part of the grading operation. Prior to approval of the grading plan, the City's Geotechnical Consultant shall review and approve the soils report as well as the project design. SCC The following conditions shall be completed to the satisfaction of the San Dieguito Water District (SDWD): The applicant shall upgrade the existing 5/8 -inch water meter and service at his /her expense. The San Dieguito Water District will require that water meters are placed in front of the parcel they are serving and outside of any existing or proposed travel way. 2. The developer shall show all existing and proposed water facilities on improvement or grading plans for the approval of the San Dieguito Water District. SCD Prior to the approval of the construction permits, the applicant shall submit project plans and all required documentation for the Leucadia Wastewater District. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. 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 working 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 building 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. G7 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 height certification /survey shall be supplemented with a reduced (8 1/2 in. x 11 in.) copy of the site plan and elevations depicting the exact point(s) of certification. The engineer /surveyor shall contact the Planning and Building Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. stucco - coated masonry, split -face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and /or grading permits. 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 building 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 project. G19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner /tenant vehicles at all times, and may not be rented or conveyed separately from the appurtenant dwelling unit. G22 Building plans for the new dwelling unit shall include installation of wiring for current or conduits for future installation of photovoltaic energy generation system(s) and an electric vehicle charging station. G23 Any wall, fence or combination thereof exceeding 6 ft. in height and facing any neighboring property or visible from the public right -of -way shall be subject to design review pursuant to Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum 2 ft. horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the Planning and Building Department, the fence /wall may not be considered one continuous structure for purpose of measuring height and may be exempted from design review provided none of the offset fences or walls exceed 6 ft. in height pursuant to Section 23.08.030.B.1. G24 Newly constructed single - family dwelling units shall be pre - plumbed for a graywater system permitted and constructed in accordance with Chapter 16 of the California Plumbing Code and including a stub -out in a convenient location for integration of the graywater system with landscape irrigation systems and accepting graywater from all sources permissible in conformance with the definition of graywater as per Section 14876 of the California Water Code. Exception: A graywater system shall not be permitted where a percolation test shows the absorption capacity of the soil is unable to accommodate the discharge of a graywater irrigation system. BLUFFTOP DEVELOPMENT: 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. XX 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 building 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. BL3 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 the foundation inspection. The report shall outline all field test locations and results, and observations performed by the consultant during construction of the proposed structure(s), and especially relative to the depths and actual location of the foundations. The report shall also verify that the recommendations contained in the Geotechnical Investigation Report, prepared and submitted in conjunction with the application, have been properly implemented and completed. 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. BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2R 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 plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform 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 permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses Sh8U be placed OOall new and existing buildings and 8L appropriate additional |OC8dOOS as to be plainly visible and legible from the St[88t or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and Gh8|/ n088t the fO||OVViOg rniDiDlU[D StGOd@ndS as to size: 4 iOCh8G high with 8 1/2- inch St[Oh8 width for [8SideDd8| buildings, 8 iDChHS high with 8 1/2'iOCh St[Oh8 for COnlDlR[Ci8| and rDU|d-f8Oli|V residential buildings, 12 iOCh8S high with 8 1-inch stroke for iOdUGt[i8| buildings. Additional DUDlb8rS shall be required vVh8[8 deemed DeC8SG8ry by the Fire &48[Sh8|, such RS [88[ 8Cc8SS dOO[S. building CO[D8nS. and 8Otr8DC8S to cO[DOO8rCi8| centers. F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and iDSt8U8d to the G8tiSf8[tiOD of the Fire Department. Plans for the automatic fire Sp[iON8[ system shall b8 approved by the Fire Department prior tOinstallation. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. F22 Basement: All b8S8OOBDtS 8h8|| be designed and 8qUiDO8d with SDlerg8DCy 8Xh SvSte[OS CODS>sUDg Of Op8r8b|8 vviDdOwS' NjOdOw w0UG or exit door that's leads directly outside via staircase and exit door U[ exit door EKgrade. Window wells/Light wells that intrude into side yard Or backyard setbacks of five feet or |e8S. Sh8U require 8hiDg8d grating COV8hOg the window VV8|NightNKeU opening. The grating Sh8U be C8p8b|8 of supporting 8 weight Of25O|b p8[SOD; yet [DUEt be able iOb8 opened by someone Of minimal strength with OO special knowledge, effort Or use Of key O[tool. Any modification Of previously approved p|8DS related to this condition Sh8|| be SUhi8O[ to re-submittal and [8Vi8Vv by City staff /Fin8. Building, 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 NAVU88 datum; the NGV[)29 datum will not bHaccepted. EG1 Grading Conditions EG3 The developer shall obtain agrading permit prior tO the commencement Of any clearing Or grading of the site. 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 the 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 developer shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The developer 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. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ES1 Street Conditions ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. EU1 Utilities Conditions EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. ESW 1 Storm Water Pollution Control Conditions ESW5 The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and /or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Engineering Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and /or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan