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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. f 10 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. 3 of 10 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. 4 of 10 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 50110 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 of 10 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. 7 of 10 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): of 10 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. of 10 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 10 of 10