1989-338473RECORDING REQUESTED Ar AND 9STUJ21o: I-� 88 33847.3
COF CAL COASTAL
�HE�OR �
CALIFORNIAAL SHOWARD COASTAL FOURTH FLOOR
054AH ql 0
6l1 HOWAAD STREET, FOURTH FLOOR D[SPX n!E��l Ua a
I 'SAN F2VICISCO, CALIFORNIA 94105
as err awns za
2.
I = of b A
3� DEED RE9 TR ICT 2�[F-�
qi I.NREREAS, Jay A. Johnston
S �heraicattet ceterred to as Ovner(s). is cbe record oamac of the
7�fal3ovibg coal PtoDecty:
R� Lot 5 in Block ^B" of SEASIDE GARDENS, in the Cit of Encinitas
County of San Diego, State of California, according to Hap
9
30 thereof No. 1000, filed in the Office of the County Recorder
of San Diego County, August 6, 924.
11 111�hee sins It sr re[e eted to ea the subject p[opacty: and
121
II. MRSE CUI- the California Coastal Commiasion is
13�acting on behalf of the People of too State of California: and
14� Ill. N[RREks. the subject Pcoparty is located Within rye'
131toastal inns as defined in Section 30103 of the California Public
Waosoucces Code (herainaftec totalled to as the California Coastal
iT 'Act): and
is, IV- NI2AG4, pursuant to the California coastal Act of
19;1915, the Ovnec aDPl ied to the California Coaacal Commission for a'
20 �coaStal development permit tar the development an the sublet-
211Propecty described above: and
22 V. WHEREAS, coastal develcpmar.t Detmir No. 6-89-96
23 vac granted on may 9. 1989 by the Ca ntorria --
241Coascal Commission in accordance With Its pcovlsion of the Staff
201 Recommendation and Findings, attached hereto as Exhibit .•A,. Ron
26,hetein incorporated by ref atebce; and
27
1 522
i
-a-
1� vl, wRRR"S. coastal development permit No. 6-69-96
2 was subject to the terms and conditions including but not Limited
i
3.to the following conditions:
Asaum Lion f Risk: Prier to the issuance of the 4,1 cevelopmcoastalshallperm t, the applicant (and landowner) shall execute and record a deed restriction, in a form and content acceptable
61te the Executive Director, which shall provide: (a) that the
6 applicant understands that the site may be subject to extra-
ordinary hazard from bluff retreat and erosion, and the (b)
vI applicant hereby waives any future claims of liablliiy against the Commission or its successors in interest for damage from
6i such successorshazards. T and assigns, documenthe shall rland,un with the binding
andshall be recorded free of prior liens[
9 Future Develo menG: Prior to the issuance of the coastal
10 love opment permit, the applicant shall execute and record a doc-:
ument, in a form and content acceptable to the.Executive Director[
11 stating that the subject permit is only for the development
described in the coastal development permit No. 6-89-96; and
12 any future additions or other development as defined in Public
Resources Code Section 30106 will require an amendment to permit
l3. No. 6-e9-96 or will require an additional coastal development
permit from the California Coastal Commission or from its
19 .isuccessor agency. The document shall be recorded as a covenant
running with the land binding all successors and assigns in
Idsinterest to the subject property.
lei
19
28I V22. NNRRRA6, the Commission found that but Eot the '
19;Smpeeicion Of the above conditions the pto Dosed development co uid
2Dlnat be found consistent with the pcOvis'Ons of the California
21i Coastal Act of 1976 and that a permit could therefore not have
22;beeo granted: and
23� VIII. WMRRAS. it is intended that this Dead Reaccicclon
24'15 irrevocable and shall constitute enforceable restrictions; and
25; IX. 'N RRAS. caner has elected to comply with the
26,condltions imposed by Permit No. 6-89-96 so as to enable
29. Duvet to undertake the development authorized by the permit.
1 523
enjoyment of said subject property, to be attached to and become a part of
"a deed to the property. The undersigned iheaer, for himself/herself and
for his/her heirs, assigns, and successors in interest, covenants and agrees
that:
1. The applicant understands that the site may be subject to
6 extraordinary hazard from bluff torrent and erosion, and applicant hereby waives
any future claims of liability against the Commission or its successors in interest
g for damage from such hazards.
g 3. The subject permit is only for the development described in the
Icoastal development permit No. 6-89-96; and any futures additions or other developmei
11 as defined in public Resources Cade 530106. attached hereto as Exhibit C and
12 incorperated herein by reference, will require an amendment to permit No. 6-89-96
13 or will require an additional coastal developmentpermit from the California
14 Coastal Commission or from-ttv-suCtRs9or agency.
15 If my provision of these restrictions is held to be invalid or for
16 any reason becomes unenforceable, no other provision shall be thereby
17 affected or impaired.
le Said deed restriction shall remain in full force and effect during the
19 period that said permit, or any modification or amendment thereof, remains
20 effective, and during the period that the development authorized by said
21 permit or any modification of said develoomant, remains in existence in or
22 upon any part of, and thereby confers benefit upon, the subject property
23 described heroin, and shall blad purer and all his/her assigns or successors
24 in interest.
26 //
t6
-3-
524
-4-
1 Said deed cestcietion shall remain in cull faces and effect
2 1, during the period that said permit. of any modification of
3 amendment Cheroot, resales effective, and during the period that
4; the development authorized by said permit or any modification at
S. said development. combine in existence in or upon any part of. and
B thereby confers benefit upon, the subject PCPP®rry described
.) hereLn, and to that extent. said dead restriction is hereby deemed
Band agreed by Owner to be a covenant running with the land, and
9 shall bind Owner and all his/her assigns or successors in interest
LO
11 Owner agrees to record this Deed Restriction in the
12 Secordecb otfiee for the county of San Diego as
13 soon as possible at ter the date of execution.
14i
4:
DATED- Dune 1 109
SIGNED:
20, PRINT OR TYPE N.AIAE OF ABOVE
21
22 i
23J SIGNED:
24� I
2^I
20
PRINT OR TYPE NAd1E CF ABCVT
27 (NOTARY ACKNOWLEDGMENT ON NEST PAGE)
525
- 5-
1 NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of
2 persona signing oa behalf of a corporation. partnership. tr9ac.
B *to-- please use the 9OX000t notary fares (acknowledgmenc) as
e !explained in your Notary Public Law Book.
5
a state of California. county of 3art D,C5o an
T On this 1 g day of _ y7af //at in the
/�ppy�p� tyblW OVar
g IIyearlLtdL, before na 'Y�� d a
9.Notasy Public, personally appeared �?7 // `alAnJ MAi✓
10 i :peaeenallyDroved to ma on tear basin of
111e8ciafactaty evidence) to be the person whose name is subscribed
1244to this instrument. and acknowledged that he.sme executed it.
13
14' R
1ST.O \N O Jii :":C:,
NOVKHT PUBLIC IN AND FOR SFSC
16 COUNTY AND STATE
1T' dDirw/ Ddon ncq i
IS $zeta of California, County of as
190¢ this _ day of is the
20 'year , before me a
21 Notary Public. personally appeared ,
22 personally known ro se (or proved to se on z:e basis of
2E satisfactory evidence) to be the person wnose name is aubscribed
24to this instrument. and acknowledged the. ne/sne executed it.
25
2a
NOTARY PUBLIC IN AND FCR ST(Z
27� CDUNI AND STATE
526
1
This is Co eeetify that the dead restriction aeL LatLtl above
21is hereby acknowledged by the underalgnod ot^_lcer on behalf of the
3:Calif0rnia Coastal Commissiem pursuant to auL So city eonf •CYad by !
a ;the Califoenia Coastal Commission when it granted Coastal
S iDevelOpment Pecneit No. 6-89-96 an may 9. 1989 i
a land the California Coastal Commission consomme to cecordation
y !e¢e[eo[ by its duly auL ho[ixed Officer.
8 'Dated: 41
91 C7P/%
ca ldtornla Coastal CRmmiselon
31f
12,STAT£ OF California ) I
)!6
131Coumy OF Sam Francisco )
On L� %ML .%'A / Deborah L. Bovd, a
14 i -,(-, be. -ore na 16f2Yx'd:ipf;X3�(d
15 Nptaty Public, personally appeared John movem
1
16 PBreonally known to me to be (<'bex�@:NdviUcqtdAywcx6gxHigixy4'�;1{yy;Npcx
17 the person who executed this
1811nstrument as the staff Counsel and authorized
19!mepreeentative of the California Coastal Commission and
I
20:acknowledged to me that the Calitornia Coastal Commission exeduted
21;Sc.
22:
23 Ell=
za
, iDI
N AY FrJ2LLC 1t A.ND ?CA
25 SA: STATE AND CCDNTY
261
527
x,lxa ax UIImtlW�1M Ngxla I,oMLY
CALIFORNIA COASTAL COMMISSION
't °'sac moor muxx
cu,..,p m ero spnn, wm
Filed:
April 24,
1989
va
" Daoc. v. rnamism
,min xe.wm
49th paY�
100th Da y
June 12, 1989
21,
1989
Staff:
Staff Report:
3ryM�SDr
April 25.
TO
1989
Hearing Date:
May 9-12,
1989
KI
F R 6P
1AR A NDGR AW�e
STAFF
F RECOMMENDATION
Application No.: 5-89-96
Applicant: Jay A. Johnston Agent: Rodney L. Soviet
Description: Construction of a two-story, three-badroom, 3,900 sq.ft.cant single
family residence with an attached two -car garage on a
blufftop lot. va
Lot Area
5, 359 Sq. ft.
Building Coverage
2,292 sq. ft.
(43%)
Pavenant Coverage
010 sq. ft.
(15%)
Landscape coverage
2, 257 sq. ft.
(42%)
Parking Spaces
2
Zoning
R-B (B dual
Plan Designation
Residential (5-8
due)
Project Density
8.1 due
Ht ahv fin grade
26 feet
Site: Nest side of Neptune Avenue, approximately 165 feet south of S.
E1 Portal, Encinitas, San 0490 County. AN 256-352-05
Substantive File Documents: Certified County of San Diego Local Coastal
Program
Draft County of San Diego Coastal Development (CD)
Overlay zone Ordinance
Draft City of Encinitas Coastal Bluff Overlay Zone
City of Encinitas Design Review /88-361
Staff is recommending approval of the proposed residence subject to
Special conditions requiring the applicant to identify the extent of fill
material and submit a grading plan indicating that natural landfoms will not
be disturbed through the proposed grading, requiring applicant's assumption of
risk, bluff face open space deed restriction, a restriction regarding parselt
requirements for future development at the site and final building,
foundation, landscape and. irrigation plans. ev
i 528
6-89-96
Page 2
PRELIMINARY STAFF R OM NATION: -
The staff recommends the Commission adopt the following resolution;
I. Approval with Conditions.
The Commission hereby 9rentx a permit for the proposed development subject to the conditions baT—en the grounds that the development,
in conformity with the diceithenf of Chapter 3 of the California Coastal lAct
be
of 1916, will not prejudice the Of
of the local government having
Jurisdiction over the area to prepare a Local Coastal Program conforming to
the provisions of Chapter 3 of the Coastal Act, and will not have any
significant adverse impacts on the environment within the evening of the
California Environmental Quality Act.
❑. Standard_ Conditions.
Sae attached page.
1 It. Spacial Conditions.
The permit is subject to the following conditions:
1. BMW Of Fill. Prior to the issuance of the Coastal development
permit the applicant shall submit for the review and written approval of the
Executive Director, a soils report prepared by a certified soils engineer
docurn nting the extent of fill material on the Project site.
nPlan. Prior oe issue,,, of the the applicant ShallsubmittoineExecutive Directorfordevelopment
reviewand written
approval, final grading plans a0proved by the City of Encinitas indicating the
excavation of fill material only as established in the soils report prepared
in cOsopliance with Special Condition No. 1 of Coastal Development Permit No.
6-89-96. No alteration of the underlying natural landforeS is authorized by
this permit.
3• flfii.7.9u11N 98_@lens Prior to the issuance of the coastal
development pare t, the a.p ieant shall submit to the Executive Director for
review and written approval, final building and foundation plans indicating a
40 foot setback from the bluff edge as shown On the submitted grading plan
received April 10, legal and foundation design which have been approved by the
City of Encinitas. Said plans shall comply with the recoomendaiions contained
in the geology report for the project, by Ketchum Engineering Inc., dated
S/30/88.
4. AASUMMIJ911 Of Risk: Prior to the issuance of the coastal development
Permit. the applicant [and landowner] shall execute and record a deed
restriction, in a form and content acceptable to the Executive Director, which
shall provide: (a) that the applicant understands that the site may be subject
to extraordinary hazard from bluff retreat and erosion, and the (b) applicant
529
Ll
6-89-96
Page 3
hereby waives any future claims of liability against the Commission or its
successors in interest for damage from such hazards. The document shall run
with the land, binding all successors and assigns, and shall be recorded free
of prior liens.
S. 0oen Sbace 0eed Restriction. Prior to the issuance of the coastal
development pa�pplicant shall record a restriction against the
subject property, free of all prior liens and encumbrances, except for tax
liens. and binding an the permittee's successors in interest and any
subsequent purchasers of any portion of the real property. The restriction
shall prohibit any alteration of landforms, removal of vegetation or the
erection of structures of any type in the area shown on the attached Exhibit
•3m and further described as the area seaward of the edge of the coastal
bluff, without the written approval of the California Coastal Commission or
successor in interest. The recording document shall include legal
descriptions of both the applicant's entire parcel and the restricted area,
and shall be in a form and content acceptable to the Executive Director.
Evidence of recordation of such restriction shall be subject to the review and
written approval of the Executive Director.
6. Future Development. Prior to the issuance of the Coastal development
permit, the applicant shall execute and record a document, in a form and
content acceptable to the Executive Director, stating that the subject permit
F+� is only for the development described in the coastal development permit NO.
6-89-96: and any future additions or other development as defined in Public
Resources Code Section 30106 will require an amendment to permit No. 6-80-96
or will require an additional coastal development permit from the California
Coastal commission or from its successor agency. The document Shall be
recorded as a covenant running with the land binding all successors and
assigns in interest to the subject property.
1. Landscaping Plan. Prior to the issuance of the coastal development
permit, the applicant shall submit a detailed landscape plan in substantial
conformance with the plans submitted with the application for coastal
development permit indicating the type, size, extent and location of all plant
materials. the proposed irrigation system and other landscape features.
Drought tolerant plant materials shall be utilized to the maximum extent
feasible. Plans shall indicate all improvements, existing and proposed;
between the residence and the bluff edge. No permanent irrigation systems
shall be installed within 40 feet of the bluff edge. No accessory structures,
permanent iegrovements or landscaping shall be located within five feet of Me
bluff edge. Said plan shall be submitted U. reviewed and approved in writing
by the Executive Director.
D. Disposal 9f graded Spoils. Prior to the issuance of the coastal
development permit, the appt shall identify the location for the disposal
of graded spoils. if the site is lucated within the coastal zone, a separate
coastal development permit shall first be obtained from the California Coastal
Commission or its successors in interest.
$30
Iv. findings and Declarations.
6-89-95
Page 4
The Commission finds and declares as follows:
1. lact_pfscrlot tan, The a
a 3,900 sq.ft. sing a fen y re"
dams 1h H
surf -subterranean garage on a vacant, 0,3S8
proposed residence will have three bedrooms
front finished grade. The site of the propol
the west aide of Neptune Avenue in the City
level, but has fairly shallow drop in elevat
from the bluff edge that steepens as it appr
elevations of the project site an from four
elevations of adjacent development on the no
is evidence that fill material was placed on
of adjacent developmnt prior to the passage
licant is proposing to construct
I stories including a
.ft. blufftep parcel, The
IS an overall height of 26 feet
residence is a bluff -top lot an
Encinitas. The site is not
1 tward Neptune Avenue antl away
:Ms the street. The existing
1 eight feet higher than the pad
1 and south of the site. There
II Site during the construction
Proposition 20.
The applicant is proposing to remove approximately 290 cubic yards of fill
material to bring the elevation of the pad down to the elovation of the
adjacent pad to the north. Same of this material will be place as fill to
even out the site, the remainder will be export" off"Ite. Spacial Condition
$8 requires the applicant to identify the export site and requires a separate
coastal development permit if the site is located within the coastal zone.
The site of the proposed development is within the Old Encinitas area of the
City of Encinitas. The site is currently designated for nsidential
construction and the City has conducted an extensive design review of the
Project. requiring a 40 foot setback from the bluff edge after removal of the
fill. There is no shoreline protection or bluff stabilization proposed.
2. B1Yff-too Stability. Section 30253 of the Coastal Act states, in part
New development shall:
(1) Minimize risks to life and property in areas of high
geologic, flaod, and fin hazard.
(2) Assure stability and structural rintegrity, and neither
create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the
construction of protective devices that would substantially alter natural
la"forms along bluffs and cliffs.
In addition, Section 30251 of the Act states, in part:
The scenic and visual qualities of coastal areas shall be
considered and protected as a resource of public importance. Permitted
development shall be sited and designed to protect views to and along the
ocean and scenic coastal areas, to minimize the alteration of natural land
N
R
531
6-89-96
Page 5
farms, to be visually compatible with the character of surrounding areas,
and, where feasible, to restore and enhance visual quality in visually
degraded areas.
The site of the proposed development is located along Neptune Avenue in the
City of Encinitas. The parcels of land seaward of Neptune Avenue am located
along the coastal bluff, above the beach below. Past commission policy in
this area has required a minimum setback from the bluff edge of 40 feet, with
encroachments to within 25 feet of the bluff edge allowed with a geologist's
certification that bluff retreat will not occur to the extent that a seawall
or other shoreline protective device would be required within the economic
life of the structure (defined as 15 years). Section 30235 of the Act allows
for the construction of shoreline protective devices to protect existing
structures, but does not allow new development that would require shoreline
protection,
In the case of the proposed development, the geologist has indicated that an
unspecified amount of fill materiel has been placed can the project site. The
proposed plans indicate removal of this fill. bum to the configuration of the
lot and the fill material, removal of this material will occur up to the bluff
edge. The current bluff edge is located approximately 15 foot landward of the
bluff edge identified by the applicant's engineer. The proposed grading
redefines Lire bluff edge through a daylight cut at the bluff face. Removal of
E'1 the fill will place the bluff edge in the location indicated by the engineer
ek! and shown can the proposed grading plans.
Regarding the appropriate setback and regardless of the proposed grading, the
residence will be situated beyond the angle of repose as identified by the
engineer. Alterations to land that cause the bluff edge to be Midentifiad
will not alter the angle of repaae identified within the submitted geology
report. Therefore, the engineer was able to certify that the residence was
situated in a stable manner. The residence is proposed a minimum distance of
30 feet from the current bluff edge.
Sections 30251 and 30253 of the Coastal Act clearly prohibit the alteration of
natural landforms. In this situation, the material proposed for "amoval is
not a natural landfurm but represents fill material. Special Condition No. 1
requires the applicant to submit a soils report that identifies the extent of
fill placed on the site. Spacial Condition No. 2 then requires the applicant
to submit a grading plan indicating that only fill material will be removed
and the underlying natural landforms will not be disturbed Coneistant with
Sections 30251 and 30253.
The original proposal, and accompanying gootechnical report, call for a
40-foot setback and a specific foundation design. The submitted preliminary
plans are consistent with those recommendations utilizing the bluff edge after
fill removal. Based upon this setback and foundation design, the
certification of the engineering geologist that the project will not require
future protective devices within the next IS years has been made. Special
Condition #3 requires the submittal of final building and foundation plans in
.1 532
6-09-96
Page 6
accordance with the recommendations of the submitted geology report to assure
stability consistent with Section 30253. With all of these Conditions, the
Proposed residence can be found consistent with Section 30253 of the Coastal
Act.
However, due to the inherent risk of shoreline development and the
COMIasion'S mandate to minimize risks (Section 30253), the standard waiver of
liability condition has been attached. By this means, the applicant is
notified of the risks and the Commission is relieved of liability in
Permitting the development. Pursuant to Section 13166(a)(1) of the
Camission's administrative regulations, an application nay be filed to remove
Special Condition da from this permit if new information is discovered which
refutes one or more findings of the Commission regarding the existence of any
hazardous condition affecting the property and which was the basis for the
condition.
In addition Special Conditions Nos. 5, 6 and ] have been Proposed to provide
further protection to the coastal bluff. Special Condition di5 would require
the recordation of a dead restriction which would prohibit any alterations to
the face of the Coastal bluff, seaward of the existing bluff edge. This
condition is proposed to avoid the Placemant of structures or alteration of
natural landform in such a fashion as to add to the instability of the
coastal bluff or remove vegetative cover which serves to retard or prevent
bluff erosion.
Special Condition No. 6 requires recordation of a dead restriction
acknowledging that a separate coastal development permit or amendment is'
required for any future additions to the residence or other development as
defined in the Coastal act on the subject site. In this fashion, any future
development will be regulated to ensure that no development inconsistent with
applicable policies of Chapter 3 of the Coastal Act or the City's proposed
Coastal Bluff Overlay Zone regulations could occur without prior Commission
review. The restriction helps ensure that new inappropriate development which
may contribute to bluff instability or adverse visual impacts does not occur
adjacent to the bluff edge. While other types of development. such as
additions to the principal structure, are typically visible from the frontage
road, development activities in the rear yard immediately adjacent to the
coastal bluff can occur unnoticed and withoutr adequate review. Therefore, the
attached deed restriction will serve to notify the owner and any potentiaj
buyers of the coastal development Permit restuirements.
In addition, Special Condition (/ would require the submittal of a detailed
landscape and irrigation plan for the proposed residence, indicating that
drought tolerant plant materials would be utilizetl in the setback area and
that no permanent irrigation system would be installed in that area. The
absence of high water demand plantings and irrigation system will serve to
reduce the potential for water -related bluff failures and upper bluff
stability problems. No agcessory structures, permanent improvements or
landscaping would be allowed within five feet of the bluff edge consistent
with the County's CO area regulations and the provisions of the City's Coastal
Bluff overlay Zone. Given these additional protections In conjunction with
'•..J
A
4 533
6-89-96
Page 7
the 40-foot bluff setback, the stability of the coastal bluff at this location
shall be protected to the maximum extent feasible. Therefore, the Commission
finds that the subject proposal, as conditioned, is consistent with Sections
30251 and 302S3 of the Coastal Act.
3. Publit fu;_gM. Section 30211 of the Coastal Act states:
Development shall not interfere with the public's right
of access to the sea "are acquired through use or legislative
authorization, including, but not limited to, the use of dry sand and
rocky coastal beaches to the first line of terrestrial vegetation.
In addition. Section 30212 of the Coastal Act states, in part:
(a) Public access from the nearest public roadway to
the shoreline and along the coast shall be provided in new Development
projects except where:
(1) it is inconsistent with public safety, military
security needs, or the protection of fragile coastal
resources,
(2) adequate access exists nearby, or,
(3) agriculture would be adversely affected.
Oedicated accessways shall not be required to be opened to public use
until a public agency or private association agrees to accept
responsibility for maintenance and liability of the accessway.
In addition, Section 3060e(c) of the Act requires that a specific access
finding be made for any project located between the first coastal roadway and
the sea. The subject development is located between Neptune Ave., the first
public roadway, and the Pacific Ocean. In addition, the subject property is
located above Encinitas Beach Park, a public beach area. The western property
line extends a maximum of eight feet seaward of the bluff edge after fill
removal.
The construction of the project itself will net have any impacts upon the
public's ability to take access to the coast at this location. The public
currently uses the beach below the proposed residence during those tide
conditions which allow lateral access in front of the property, and this
ability to take access is guaranteed through public m nership of the beach.
Because the property is currently fenced at the street, no vertical public
access is possible at the site. In addition, vertical public access is
available approximately 160 feat to the north of the project site at the Stan&
Steps vertical accessway maintained by the City of Encinitas. Therefore, the
Commission finds that adequate access exists nearby, lateral access to and
across the beach below the site is available. Therefore, the Commission finds
that the subject proposal as conditioned, is consistent with Section 30211 and
30212 of the Act.
534 6-ag-96
paps a
4• Section 30251 of the Coastal Act requires that new
development be visual y comma tib ie with the character of the surrounding
community. The existing pad elevation of the project site ranges from four to
eight feet higher than the pad elevations on either side. If the proposed
residence were constructed on the existing pad, the peak of the roof "old be
as much as tan feet higher than the peek of the roof of the residence to the
south. To Minimize the visual impact of construction of a three-story home on
this Site, the applicant is proposing to remove from one to four feet of fill
material. Additionally, the bottom floor, consisting solely of the garage,
will be semi-subterranaan. Without these Mitigation measures, the proposed
residence would not be compatible with the character of the surrounding
community. However, as Proposed, the peak of the roof will be roughly even
with the development to the north and apProximatsly five feet higher than the
roof to the south. Therefore, the Commission finds the proposed residence is
consistent with Section 30251,
S.Luca tel Plannino, Section 30604 (a) also requires that a
coastal deve opmef- nt par 1, shalt be issued only if the Commission finds that
the permitted development will not prejudice the ability of the local
government to prepare a Local Coastal Program (LCP) in conformity with the
provisions of Chapter 3 of the Coastal Act. In this case, such a finding can
be made. As stated above, the development proposal, subject to the proposed
special conditions, is consistent with the applicable provisions of Chapter 3
Of the Coastal Act.
The subject site was previously in the County of San Diego Local Coastal
Program (LCP) jurisdiction, but is new within the boundaries of the newly
incorporated City of Encinitas. The new City will, in all likelihood, prepare
and submit for the Commission's review a new or revised LCP for the area.
Because of the incorporation of the City, the certified County of San Diego
Land Use Plan no longer serves as the valid LCP for the area. However, the
Issues regarding protection of coastal resources in the area have been
addressed by the Commission in Its review of the San Diego County LUP and
Implementing Ordinances. As such, the Commission will continue to utilize the
San Diego County LCP documents for guidance in its review of development
PMPQS41S In the City of Encinitas until such time as a new or revised LCP is
submitted by the City. ,
In the case of bluff -top oevelapunt, those properties located on the bluffs
were subject to deferred certification due to differences between the
Commission and the County concerning Potential reductions in the bluff
setback. The draft City of Encinitas Coastal Bluff Overlay (CEO) Zone
contains similar policies regarding blufftop development without the potential
for a reduction in the blufftop setback to less than 25 feet. The proposed
residential construction Is consistent with the must restrictive
interpretation of the policies of the CD Overlay regulations of the County,
the draft CEO Zone regulations of the City of Encinitas and the Commission's
recommended bluff setbacks.
W
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H
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535
6-09-96
Pape 9
The project site was previously designated for residential development at a
maximum of 11 units per acre under the County of San Diego's certified LIP.
The draft General Plan and Zoning Maps prepared by the City of Encinitas would
allow a maximum of D units per acre. The proposed development represents 8.1
dwelling units per acre consistent with the most restrictive of these
designations. In addition the proposed residence is consistent with all
applicable LCP policies. The Commission finds the proposed development
conforie to Coastal Act Chapter 3 policies and with the special area
regulations contained in the certified San Diego County LCP.. The
development's approval, therefore, will not prejudice the ability of the City
of Encinitas to complete a certifiable Local Coastal Program.
1. Net ice of Nec eipt and Ac tnowledgement. The permit is not valid and
development Shall not cpemenee until a copy of tha permit, signed by the
permittee or authorized agent. acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. All development most occur in strict compliance with the
propose as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
A. Interoretetion. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
S. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
6. A;IJ fluent. The permit may be assignedrto any qualified person, provided
ass gnee files with the Commission an affidavit accepting all terms and
conditions of the Demit.
1. Terms and Conditions gun with the Land. These terms and conditions shall
De De rDetual, and it s the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
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w"se mem.armu 14151 GUI%blic Resources Code Section 30106
"Development" means, on land, in or under water, the
Placement or erection of any solid material or
structure; discharge or disposal of any dredged
material or of any gaseous, lipuid, solid, or thermal
waste; grading. removing. dredging. mining, or
extraction of any materials; change in the density or
intensity of use of land, inclutling, but not limited
to, subdivision pursuant to MP Subdivision Map Act
(commencing with Section 66410 of the Government
Code), and any other division of land, including lot
splits, except where the land division is brought
about in connection with the purchase of such land by
a public agency for public recreational use; change in
the intensity of use of water, or of access thereto;
construction, reconstruction, demolition, o
alteration of the size of any strecture, including any
facility of any private, public, or municipal utility;
and the removal or harvesting of major vegetation
other than for agricultural purposes, kelp harvesting,
and timber operations which am in accordance with a
timber harvesting plan submitted pursuant to the
Provisions of the Vicerg-Mejedly Forest Practice Act
Of 1973 (consu ng with Section 4511).
As used in this section. "stucture" includes. but is
net limited to, any building, road, pipe, flow,
conduit, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line.
EXHIBIT C
PERMIT 6-8996
PUBLIC RESOURCES
CODE SECTION 3 106