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
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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.
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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.
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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.
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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.
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