2018-42 - EG 'b fimci 8 V
d .._
ni Development Services Department:
Project Name: Fender Residence Addition
Request: Remodel and second-story room and deck addition to an
existing sing lle-fa.rnily residence.
Discretionary i Coastal Development Permit ( DP)
CEOA Determination: EXE PT
Ai::IPROVED
Project 15-105 CDP
DSD r® 2015-4
Location: 1704 Ta.ttenham Ind.
Community: ILeucadia
54.540-13
Applicant: Fender
Representative: Craig ILei
Project Darn Malvern, Associate Planner,
Decision Date: August 17, 2015
PROJECT DESCRIPTION
The applicant is requesting a Coastal Development Permit ( ) to construct a 55-square foot
addition to the upstairs bedroom, the addition of a small balcony, and vaulted ceilings can an
attached single-family residence,.
The site is currently developed with 1,485-square foot single-family attached, two story
residence with a 473-square foot detached garage located at 1704 Tattenharn Road. The
property is it in 40 feet of the bluff edge, and construction of the addition to the existing
residence exceeds 10 percent of the height at e eaves® Therefore® the addition to the existing
single-family residence requires the issuance of a Coastal Development Permit.
ITEM NAME: FENDER RESIDENCE ADDITION
PROJECT NUMBER: 18-105 CDP
AUGUST17,2018
PROJECT ANALYSIS
Background
The project is located in the Sea Bluffe Village development, which was originally approved by
San Diego County in 1971 (Special Use Permit No. P71-242), as a Planned Residential
Development. This attached single-family residence has a detached garage and is located on
the western edge of the planned development. The residence is adjacent to the coastal bluff
and the property is within 40 feet of the bluff edge, but the physical residence is more than 50
feet from the bluff edge (with the exception of the existing second-story deck).
Project Site Characteristics
ra t._ la n ........ —Residen-iia"I '11, -11)
.......... ................ ................... .................................................
S ecific Plan None
P
7�Tink,District Residential 11
2 Coasia`l_Co_m,rn ission Appeal Jurisdiction of the
D.Overlay ones
Coastal Zone/ Hillside Inland Bluff Overlay 11
............... -11.11 1...... ............................................ ............
ornmunitv Character Context Coastal Residential
.................... ..............................................
.,er.-KeyCi!y Plan .. .or Re None
Notable State ............o n a I_P Plan 11 1 11 1 1-1 1 1 _2................................ ...... ... .........
The project site is located within the community of Leucadia in the Residential 11 (R-11) zone
and Residential 11 (R-1 1) General Plan Land Use Designation. The site is located within the
California Coastal Commission's appeal jurisdiction of the Coastal Zone. The site currently has
an attached single-family residence with a detached two-car garage. Access to the project site
is from Coast Highway 101 through a private gate and all roads in the complex are privately
owned. The project site's Community Character Context is Coastal Residential.
Adjacent Area
r.................. .......................................................................... .............
irection all Plan & Comm Ity Land Use
ZanLn
District .......................................Character Context,,_,
, ""''.............. ................................................._ . ... ...........................................................
orth Residential 11/ R1 1 Coastal Residential Attached Sin 2!�t-_Fa!p,i1y
....................................................... . ................................................
outh Residential 11/ 11 Coastal Residential D i-fa—c h a_dSi am !y
..................................'-, ..
........ ............................................................................................................................... ..................................�42f_ i
Residential 11/ R 11 Coastal Residential Attached Sincile-Famil
.......................................... -..................
W est Ecological Open Coastal Residential Bluff and each
............................§�a ]................................................ ................................................................................
, B2§erve
Like the project site, the land use designation of attached single-family uses zoned Residential-
11 (R-1 1) surround the property to the north and east with the bluff and the ocean to the west.
South of the property is bordered with the City's Grand View Beach Stairs and detached single-
family homes. The proposed project for the existing residential use is consistent with the
existing surrounding development.
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ITEM NAME, FENDER RESIDENCE ADDITION
PROJECT NUMBER: 18-105 CDP
AUGUST 17, 2018
General Plan Consistency
The City of Encinitas General Plan includes a number of goals and policies that guide
development and land use within the City. A discussion of how the project is consistent with
applicable General Plan policies is summarized below",
............... ............... ...............
General Plan Goal or Policy Explanation of Project Conformance
........................................................................................................... ......... ...proposed ................................................................................ ........................................................................
-boal -6 Every effort shall be made to The proposed project is an addition to an attached
ensure the existing desirable character of single-family home in a planned residential
the communities is maintained. development and is consistent with the surrounding
residences. The proposed project maintains the
existing residential character of the neighborhood
and st Prrounding area,
. .. ..........
Municipal Code Analysis
The project is located in the Sea Bluffe Village development, which was originally approved by
San Diego County in 1971 (Special Use Permit No. P71-242), as a Planned Residential
Development. The County approved Use Permit established parameters for this Planned
Residential Development, such as the number of units, location of structures, distance between
structures, distance between structures and property lines (setbacks), width of streets, and the
size and location of parking spaces. The project complies with all use permit development
standards and applicable development of the underlying -11 Zone, The project will also be
required to comply with all applicable Building and Fire codes through the standard building
permit plan checking process.
Development Standard Proposed Project .l_ S_?
............................................ .... ......................................................_,' ................................................... ........................11111�10.
Pyildi�N d'�'i ht—22 feet/26 feet All roofs under 22 feet in he!M! 0
Yes
Parking—Two enclosed parking Two enclosed parking spaces are Yes 0 0..........._E1...........................
spaces are required for homes provided in the existing garage.
less than 2,500 sqyare feet.
............... I'll ............. _1-1- � -11 -_ - -1-...................................................... __ J
Geotechnical Letter Review
A site-specific analysis indicates the presence of a coastal bluff within 40 feet of the property
line. The residence itself is more than 50 feet from the bluff edge and a Geotechnical Report
was required with the submission of the CDP. The applicant submitted a Geotechnical Report
conducted by GeoSoils, Inc, dated July 13, 2017, for this project. The report concludes that the
addition to the existing single-family structure is outside the 50-foot buffer, which the GeoSoils
representative delineated on March 16, 2017. The City's third-party geotechnical consultant,
Geopacifica, reviewed the report, conducted a site visit, and concluded that the geotechnical
report adequately addressed the site conditions, provided all geotechnical information to satisfy
the requirements of the City, and concluded the proposed addition would not destabilize the
bluff.
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ITEM NAME: FENDER RESIDENCE ADDITION
PROJECT NUMBER, 18-105 CDP
AUGUST17,2018
Hillsidefinland Bluff Overlay Zone
The Hillside/inland Bluff Overlay Zone regulations apply to areas where site-specific analysis
indicates that 10% or more of the area of a parcel of land exceeds 25% slope. The project site is
an existing attached single-family residence and does not contain any slopes over 25%;
therefore, the Hillside/inland Bluff Overlay regulations do not apply.
Local Coastal Program Consistency
The City's adopted Post-Local Coastal Program (LCP) Certification Permit and Appeal
Jurisdiction map adopted on January 9, 2003 shows that the California Coastal Commission
retains Appeal Jurisdiction for the subject property since the project site is located between the
sea and the nearest public road (Coast Highway 101). Therefore, the City's, project approval
may be appealed by the California Coastal Commission. The project is located in the Sea Bluffs
Village development, which was originally approved by San Diego County in 1971 (Special Use
Permit No. P71-242), as a Planned Residential Development. The project adheres to all
applicable development standards of the Use Permit and Encinitas Municipal Code and the
goals and policies of the General Plan, which ensures consistency with the City's adopted Local
Coastal Program.
PUBLIC NOTICE AND PARTICIPATION
Community Participation Program
The applicant prepared a Citizen's Participation Program (CPP) newsletter in accordance with
Chapter 23.06 of the Municipal Code. All property owners and tenants within 500 feet of the
project site were sent a letter on June 7, 2013. A total of 172 CPP newsletters were mailed out
with a comment period through June 25, 2018. There were no comments or concerns received.
Public Notice
The Notice of Public Hearing and Pending Action on the Coastal Development Permit was
mailed on July 13, 2018 to all property owners and occupants within 500 feet of the project site
and to anyone who requested such notice in writing, in compliance with Encinitas Municipal
Code Sections 30.01.070 and 30.80.080 and Government Code Sections 65090, 65091 and
65092, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the
Development Services Department's Internet site under "Public Notices" and via e-Project
Source.
Administrative Hearing
An Administrative Hearing was held pursuant to EMC Section 30.01.070 (Noticed Public
Hearings) for consideration of the Coastal Development Permit request on Tuesday, July 24,
2018, at 5 p.m. in the Council Chambers. Staff and the applicants representative were present
at the public hearing. No other concerns or issues were received prior to the close of the
Administrative Public Hearing.
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ITEM NAME: FENDER RESIDENCE ADDITION
PROJECTNUMBER: 18-105CDP
AUGUST 17,2018
ENVIRONMENTAL CONSIDERATIONS
The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15301(e)(1). Section 15301(e)(1)
exempts additions to existing structures provided that the addition would not result in an
increase of more than 50 percent of the floor area of the structures before the addition, or 2,500
square feet, whichever is less. The project proposes a 55-square foot addition, which is less
than the square footage thresholds for the CEQA exemption, and therefore meets the criteria for
the exemption. The project does not qualify as one of the exceptions prescribed under Section
15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project.
DISCUSSION
In order to authorize the construction of the proposed project, the issuance of a regular Coastal
Development Permit is required. The proposed project is consistent with the original Special
Use Permit, the Encinitas Municipal Code, and is consistent with all of the applicable policies of
the City of Encinitas General Plan. The proposed project demonstrates compliance with all of
the required Sea Bluff e Village development standards® which was originally approved by San
Diego County in 1971 (Special Use Permit No. P71-242),
FINDINGS
Based on the findings fora Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 and the aforementioned analysis, the Development Services
Department has made the following findings to support tea roval, with conditions:
1. The project is consistent with the certified The project site is located within the -11 zone
Local Coastal Program of the City of and within the California Coastal Commission
Encinitas; and appeal jurisdiction. The project proposes to
a'do a 55-square foot second floor addition and
a small balcony to an existing attached Single-
family residence. It has been determined that
the project demonstrates compliance with the
required Sea Bluff e Village Planned
Residential Development standards, which
was originally approved by San Diego County
in 1971 (Special Use Permit No. P71-242), the
-11 General Plan Land Use Designation, and
all applicable General Plan policies. Therefore,
the project is consistent with the Local Coastal
Program of the City of Encinitas.
2. The proposed development conforms potentially significant adverse impacts to
with Public Resources Code Section the environment would result from the project
21000 and following (CE A) in that there and the project is exempt from environmental
are no feasible mitigation measures or review pursuant to CEQA Guidelines Section
feasible alternatives available which 15301(e)(1). Section 15301(e)(1) exempts
would substantially lessen any significant additions to existing structures provided that
adverse im act that the acti�i a the addition would not result in an increase o
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hrem NAME: FENDER RESIDENCE ADDITION
PROJECT NUMBER: 18-105 CDP
AUGUST 17,2016
. . ihave can the environment,, arnd.. Permit...... . more than percept f the.fl or area aaf....th ...ff�piianation of Fi in
structures before the addition, or 2,500 square
feet, whichever is less. The project meets the
criteria for the exemptiorn
.. . For ,�. ... �... . .. w project is .„.„ � . _...
projects involving development The rrelo � located between the unrest
between the sea er other body of water, public read and the sea. Section 30211 of the
and the nearest public road„ approval Coastal Act indicates that development shall
shall include a. specific finding that such not interfere with the public's right of access to
development is in coinformity with the the sea. There are existinug access paths to the
public access and publiic rea„oreatiia,)n ocean„ ,lust to the SIDUth of this property at
policies i:)f Section 30200 et.. seq. of the Grandview Beach Access and on the nrnrth
Coastal Act., side of the Sea Bluffe development. The
residence is setback at least, 50 feet frn,:)rn the
bluff edge and no lrrnprowniTments are planrned
within 50 feet of the coastal bluff. Therefore,
the project does not lIrnpact any existing
�a .,,... .. . _...e.
visual rrnn acts r are them substantial
_m. . .. . ._��ccess...t t r°�ast„ Mrnn"n . _.�..... .......... Aeeeeee....w.
CONCLUSION
The Development Services Department has determined that the Coastal Development Permit
application is consistent with the City's certified Local Coastal Program, including all applicable
policies of the General Plane and provisions of the Municipal Code. The existing residential use
is consistent with the General flan Land Use Designation and applicable General Plan policies,
and all development standards for the -11 and the Sea Bluff e Village Planned Residential
Development standards, which was originally approved by Sara Diego County in 1971 (Special
Use Permit No. P71-242). Therefore, the project is hereby approved baud upon the findings
and subject to the following conditions of approval.
CONDITIONS
S1 SPECIFIC CONDITIONS:
S 2 At any time after two years from the date of this approval, on August 17® 2020 at 5 perm.,
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 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.
S 5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on May 14, 2018, consisting of six sheets including, Title
Sheet/Site Plan (A-1)e Existing/Proposed door Plans (A-3), Elevations (A-4), Electrical
Plan (A-5), Foundation Plan (S-1), and Sections (S-2); all designated as approved by the
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ITEM NAME: FENDER RESIDENCE ADDITION
PROJECT NUMBER: 18-105 C
AUGUST 17,2018
Development Services Director on August 17, 2018, and shall not be altered without
express authorization by the Development Services Department,
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 one and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter
30004 of the City of Encinitas Municipal Code. An appeal 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.
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.
G6 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.
G8 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 t e a pproved 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 Development Services
Department to identify and finalize the exact point(s) to be certified prior to conducting the
survey.
G12 All roof-mounted equipment and appurtenances, including air conditioners and their
associated vents, conduits and other mechanical and electrical equipment, shall be
architecturally integrated, and shall be shielded from view and sound buffered to the
satisfaction of the Development Services Department. Note: All rooftop equipment
shall be assumed visible unless demonstrated otherwise to the satisfaction of the
Development Services Department, and adequate structural support shall be
incorporated into building design. Rooftop vent pipes shall be combined below the
roof, and shall utilize decorative caps where visible from any point. Ground-mounted
mechanical and electrical equipment shall also be screened through use of a wall, fence,
landscaping, berm, or combination thereof to the satisfaction of the Development
Services Department. All exterior accessory structures shall be designed to be
compatible with the primary building's exterior to the satisfaction of the Development
Services Department.
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ITEM NAME: FENDER RESIDENCE ADDITION
PROJECT NUMBER: 18-105 CDP
AUGUST 17®201
13 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 rata, Such fees may
include, but not be limited to; Permit and Plan Checking Fees, Water and Sewer Service
Fees, School Fees, Traffic Mitigation Fees, Fled Control Mitigation Faris 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 Department. The applicant is advised to contact the
Development Services Department regarding Park Mitigation Fees, Fled 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 Seaver Fees.
20 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 ether 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,
1 BUILDING CONDITIONLSI-.
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING I I ( :
The applicant shall submit a complete set of construction plans to the Building Division
for plancheck processing. The submittal shall include a oils! eotechnical Report,
structural calculations, and State Energy compliance documentation (Title 24).
Construction plans shall include a site plane 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 onlya
comprehensive plancheck would be completed prior to permit issuance, additional
technical code requirements may be identified, and changes to the originally submitted
plans may be required.
171 FIRE CONDITIONS:
CONTACT THE I T REGARDING COMPLIANCE I THE FOLLOWING
CONDITION(S):
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ITEM NAME: FENDER RESfDENCE ADDITION
PROJECT NUMBER: 18-105CDP
uuT 17e 201
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.
1 ; Approved numbers and/or addresses shall be placed on all
new and existing buildings and at appropriate ditional locations as to be plainly visible
and legible from e 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: four inches high with a '!2® inch stroke width for
residential buildings, eight inches high with a '!z-inch stroke for commercial and multi-
family residential buildings, 12 inches high with a one-inch stroke for industrial buildings.
Additional numbers shall be required where deemed necessary by the Fire Marshal,
such as rear access doors, building corners, and entrances to commercial centers.
F15A AUTOMATIC I FAMILY LL
Structures s t r ct by an automatic fire sprinkler system designed and
installed to the satisfaction of the Fire Department. Flans fort the automatic fire sprinkler
system shall be approved by the Fire Department prior to installation,
F18 CLASS "A" F® All structures shall be provided with a Mass "A" Roof ggygnIng to
the satisfaction of the Encinitas Fire Department.
1 ENGINEERING CONDITIONS:
DEVELOPMENT CONTACT THE 1 CES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S)-
2 All City Codes, regulations® and policies in effect at the time of building/grading permit
issuance shall apply.
II drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
1
Grad
i iti
14 A grading permit s all 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.
1 gD!rquiniage 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 ncinit s Best
Management Practice Manual shall be employed to determine appropriate stor ater
pollution control practices during construction.
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ITEm NAMIE: iF'-ENDEiF RESIDENCE NCE r,)ID r ON
AUGUST 1 7, 0 t
U t Utilities Conditions
EL12 The owner shall comply with all the rules, regulations, rnd design requirements of the
r slp motive utility agencies regarding services to the project.,
Fhe owner r sh ll The responsible for coordfination with S.D.G. & IF., AT&T, and other
applicable authorities.
DISCLOSURES
This notice constitutes a decision of the Development Services Department oruiy for the
discretionary entitlement. Additional permits, such as Building and Grading Permits, may Ihs
required Idy the Development Services Department or other City Depairtrrn rnts. It is the property
owner's and appHcant responsibility to obtain all necessary permits required for the type of
project proposed.
in accordance with the provisions of Municipal Code Section 1.1 2, the decWorn of the
Development rvices Department may the appealed to the City Council Wthin 15 calendar
days of the date of this determination, The appeal must be filed„ accompanied by s $300 filing
fee, ,pdor to 5;00 pm on the 15'h calendar day following the date of this INotice of Decision. Any
fillilrng of an appeal will suspend this action as well as any processing of permits in reliance
thereon in accordance with Encinitas Municipal ipsi od born 1:12.020()(I) until such tulrrne as
an action is taken orn the appeal. The action of the Development Services 113epartiment May
he appealed to the Coastal Commission.
SIGNATURE
MCity Planner
ts
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