ACTION MINUTES
Regular
Meeting
Tuesday, March
4, 2008
Council
Chambers,
Chair Satorre
called the meeting to order at 7:00 p.m.
ROLL CALL: Present: Smith, Kelly, Satorre, Salamy, and Tallerico
Staff Present: Schott,
Mothershead, Naughton, and Courtney
APPROVAL OF MINUTES: Moved by
Commissioner Kelly, seconded by Commissioner Tallerico, to approve the minutes
of February 6, 2008. Motion carried 5-0.
10. Use
Permit UP07-8 and Environmental Assessment to construct new deck, replace
fence, addition to lower level, and garage reconfiguration – 35 Seaview Drive
Staff report presented by: Jeanne Naughton, Associate Planner
Ms. Naughton presented the request by
applicants Roberto Orantes and Karla Ramirez to obtain coastal development
permit approval to replace an existing fence, construct a first-floor addition
and a second-story deck, and reconfigure existing garage.
The site is located on a coastal bluff
top, within the Coastal Zone Boundary, and zoned R-1 Single-family Residential.
A Coastal Development Permit is required for the proposed addition, fence
replacement and second-level deck.
The second-level deck would be located
at the rear of the residence. Resulting lot coverage would be 42%, within the
50% maximum allowed. The applicants’
proposal includes replacing the existing six-foot fence with a three-foot
fence. According
to a geological reconnaissance report, the proposed deck would be located 300
feet from the crown of the nearest bluff, which exceeds the minimum 50-foot
slope-top setback mandated by the Zoning Ordinance. The report has concluded
that “the proposed project will not endanger life and property and will not
require protective structures at any time during a 50 year design life of the
project.”
The existing two-car tandem garage
will be reconfigured to be a two car side by side garage. The rest of the lower
level will be replaced with living area, including the 33 square foot addition,
which is all permitted by Code. It should be noted that this is not a secondary
unit; however, should the applicant choose to apply for a secondary unit at
this location in the future, a separate Planning Division application would be
required and additional development standards met.
Ms. Naughton concluded her
presentation with staff’s recommendation for approval.
Commissioner Tallerico confirmed the
rooms down will not contain any cooking facilities and recommended the current
construction be completed along with the new scope of work and the scaffolding currently
on site be removed.
Speakers: Irina Rudovsky,
Melissa
Farley,
R.
C. Greene,
Roberto
Orantes,
Two speakers voiced their concerns for bluff stability
during construction and loss of privacy due to the proposed deck placement. Ms. Mothershead, Senior Planner, responded to
an inquiry from Commissioner Kelly that there is no code regulating
privacy. One speaker favored the
proposal and gave a brief summary of his home alteration experience eighteen
years ago which required stability testing by a licensed
engineer/geologist. The test determined
houses in the area were pretty stable due to the distance from the bluff.
The applicant, Robert Orantes, stated the required
engineering testing was done and stability issues exist on the other side of
the canyon. Mr. Orantes said his
intention is not to invade anyone’s privacy but simply enjoy his view.
Commissioner Smith asked the applicant if he would be
inclined to put up any type of privacy screen on one side of the deck. Mr. Orantes said he did consider a privacy
screen but it would block his neighbor’s view and presented photos of the rear
of his property to the Commissioners to illustrate the point.
Commissioner Tallerico noted the geological studies were
quite intensive and stability does not appear to be an issue at the subject
site.
COMMISSION ACTION
Moved by Commissioner Kelly, seconded
by Commissioner Tallerico, to close the public hearing. Motion carried 5-0.
Moved by Commissioner Kelly,
seconded by Commissioner Salamy, to adopt the findings as outlined in the staff
report of March 5, 2008. Motion carried 5-0.
Moved by Commissioner Salamy,
seconded by Commissioner Tallerico, to affirm the Environmental Assessment. Motion carried 5-0.
Moved
by Commissioner Salamy, seconded by Commissioner Tallerico, to approve Use
Permit UP07-8 subject to the Findings and Conditions as outlined in the staff
report of March 5, 2008. Motion carried
by a unanimous roll call vote.
ADJOURNMENT:
Meeting adjourned by Chair Satorre at
7:25 p.m.
Respectfully
submitted,
Director
of Economic and Community Development
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