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2017-27RESOLUTION NO. PC 2017 -27 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A COASTAL DEVELOPMENT PERMIT FOR INTERIOR AND EXTERIOR RENOVATIONS TO AN EXISTING RESIDENTIAL STRUCTURE WITH AN ATTACHED ACCESSORY UNIT FOR THE PROPERTY LOCATED AT 554 NEPTUNE AVENUE (CASE NO. 16-320 CDP; APN 256 - 084-08) WHEREAS, Scot Fortis submitted an application for a Coastal Development Permit to allow interior and exterior renovations to an existing residential structure for the property located at 554 Neptune Avenue, legally described in Exhibit A; WHEREAS, the Planning Commission conducted a duly noticed public hearing on July 20, 2017; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. 16 -320 CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination It has been determined that the proposed project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301(a). Section 15301(a) of the California Environmental Quality Act (CEQA) exempts interior and exterior alterations to private structures. The project meets the criteria of the exemption. None of the exceptions in CEQA Guidelines Section 15300.2 exist and no historic resources will be impacted by the proposed project. Section 2. Discretionary Action(s) Findings Based on the findings for a Coastal Development Permit per Encinitas Municipal Code Section 30.80.090 and the aforementioned analysis, Planning Commission has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit 1. The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. of The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. Based upon the information contained in the site - specific geotechnical letter report, the applicant has demonstrated that the structure will not create an unnecessary surcharge load on the bluff. The City's third party geotechnical consultant (Geopacifica) concluded that the geotechnical letter report 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 MuniclD81 Code. Page 1 of 8 Finding for Coastal Development Permit Explanation of Finding 2. The proposed project is consistent with the The project conforms to Public Resources certified Local Coastal Program of the City Code Section 21000 (CEQA). The project has of Encinitas. The proposed development been determined to be exempt from conforms with Public Resources Code environmental review pursuant to California Section 21000 et al. (CEQA) and that there Environmental Quality Act (CEQA) Guidelines are no feasible mitigation measures or Sections 15301(a), which exempts interior or feasible alternatives available which would exterior alterations to private structures. The substantially lessen any significant adverse project meets the criteria of the exemption. impact that the activity may have on the None of the exceptions in CEQA Guidelines environment. Section 15300.2 exists and no historic resources will be impacted by the proposed project. 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 private bluff top and the nearest public road, approval shall property located on the west side of Neptune include a specific finding that such Avenue. development is in conformity with the public access and public recreation In accordance with Section 30212 of the policies of Section 30200 et seq. of the Coastal Act, public beach and shore access Coastal Act. and recreational opportunities already exist and both are available approximately a half - mile north of the project site at Beacon's Beach. The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case No. 16 -320 CDP is hereby subject to the conditions in Exhibit B. PASSED AND ADOPTED this 20'' day of July, 2017, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: 4chael Glenn O'Grady, Chair ATTEST: MVW RySpa' Se ret ry NOTE: This action is subject to Chapter 1 for legal challenges. 04 of the Municipal Code, which specifies time limits Page 2 of 8 EXHIBIT 'W RESOLUTION NO. PC 2017 -27 CASE NO. 16-320 CDP LEGAL DESCRIPTION PARCEL 1: LOT 3 IN BLOCK "E" OF SOUTH COAST PARK NO. 3, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 1935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 1926. PARCEL 2: ALL THAT PORTION OF BLOCK "F" OF SOUTH COAST PARK NO. 3 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 1926, AS FURTHER DESCRIBED IN RECORDED GRANT DEED DOCUMENT NO. 2004-0488730 Assessor's Parcel No. 256 - 084-08 Page 3 of 8 EXHIBIT "B" RESOLUTION NO. PC 2017 -27 Case No. 16-320 CDP CONDITIONS OF APPROVAL Applicant: Scot FortisNictoria Carey Location: 554 Neptune Avenue SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on July 20, 2019, at 5 p.m., 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 24, 2017, consisting of 10 sheets including Title Sheettsite Plan (Sheet AS.1), Demolition Plans (D1.1 and D1.2), Floor Plans (A1.1 through A1.3), Roof Plan (AII A), Elevations (A3.1 and A3.2), Sections (A3.1 and A3.2), and Colored Elevations and Materials, all designated as approved by the Planning Commission on July 20, 2017, and shall not be altered without express authorization by the Development Services Department. SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. All conditions of approval of Planning Commission Resolution No. PC- 2006 -53 (Case No. 05 -059 MUP /CDP) dated November 16, 2006, and Planning Commission Resolution No. PC 2007 -22 (Case No. 07 -014 CDP) dated August 16, 2007, shall remain in full force and effect unless specifically modified herein. 2. Erosion control landscaping shall be manually watered. 3. No permanent irrigation shall be permitted on the bluff face and within 40 feet of the bluff edge. 4. Any surface drains that must be relocated during construction shall drain to the street. 5. All vegetation planted on the site shall consist of native, drought tolerant species and non - invasive plants. 6. No improvements (i.e. fences /walls, landscaping, hardscape, etc.) shall be permitted within five feet of the bluff edge. All existing improvements within five feet of the bluff Page 4 of 8 edge shall be removed or relocated to the satisfaction of the Development Services Department prior to final inspection. 7. Prior to building permit issuance, a Covenant Release shall be recorded to release the covenant recorded for the existing accessory unit pursuant to Document #2008- 0083671 recorded February 19, 2008. 8. Prior to building permit issuance, a covenant shall be recorded for the enlarged accessory unit stipulating that: A. The accessory unit is approved for use as second dwelling unit accessory to the principal use of the property as a single - family residence. The use of the accessory unit shall be incidental, related, appropriate and clearly subordinate to the single - family residence. Sale or ownership of the accessory unit separate from the associated single- family residence is prohibited. B. All parking for the accessory unit shall be located, constructed, maintained as approved and shown on the submitted building plans. 9. No roof deck is included as part of this approval. Any future use of the roof as a deck shall require review and approval from the Development Services Department. SCB The following engineering conditions shall be completed /fulfilled to the satisfaction of the Development Services Department: 1. Pursuant to the City of Encinitas Municipal Code Chapter 23.24, any land disturbing activity within 100 feet of the coastal bluff requires a grading permit. The applicant shall obtain a grading permit if any land disturbing activity is proposed as part of this project. 2. The applicant shall ensure that all runoff be drained to Neptune Avenue. No runoff shall be permitted to drain over the bluff face. Standard stormwater quality BMPs shall be provided to treat the runoff for any new and/or removed and replaced impervious surfaces before leaving the site. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES 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. Page 5 of 8 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 & 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 The Owner(s) shall waive any claims of liability against the City and indemnify, hold harmless and defend the City and City's employees regarding any component of the City's approval, by executing an indemnity agreement in substantially the form as provided by the Development Services Department prior to building permit issuance and the Development Services Director is hereby authorized to execute the same. G11 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 Development Services Department prior to the issuance of building and/or grading permits. G13 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 Development Services Department. G14 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 Development Services Departments. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, 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. G20 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 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. Page 6 of 8 B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R The applicant shall submit a complete set of construction plans for building permit 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 CONDITION(S): CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F14 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: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4 inches high with a ' /z" inch stroke width for residential buildings, 8" high with a %" stroke for commercial and multi- family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building comers, and entrances to commercial centers. F15A AUTOMATIC FIRE SPRINKLER SYSTEM -ONE AND TWO FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. Page 7 of 8 E1 ENGINEERING CONDITION(S): CONTACT THE DEVELOPMENT 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 $$ datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on -site pavement. 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. 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. 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. Page 8 of 8