1999-28
RESOLUTION NO. PC 99-28
A RESOLUTION OF THE ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR A PROPOSED APPROXIMATELY 12,000 SQ.FT.
COMMERCIAL BUILDING, LOCATED AT 1076 N. EL CAMINO REAL (pAD
#4) IN THE ENCINIT AS RANCH TOWN CENTER
(CASE NUMBER 98-299 DRlCDPÆIA; APN: 259-500-19)
WHEREAs, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Encinitas Ranch Town Center Associates for construction
of an approximately 12,000 sq. ft. building on "Pad #4" in the Encinitas Ranch Town Center
commercial center, along with related site improvements including landscaping, parking,
and signage, in accordance with the Encinitas Ranch Specific Plan and Chapters 23.08 and
30.80 of the Encinitas Municipal Code, for the property located in the Encinitas Ranch
Commercial (ER -C) zone at 1076 N. EI Camino Real, legally described as:
Lot 35 in Unit 1 of Encinitas tract 94-066, according to the Map thereof No. 13333,
filed in the Office of the San Diego County Recorder on June 3, 1996; and
WHEREAs, a public hearing was conducted on the application on June 10, 1999 by
the Encinitas Planning Commission; and
WHEREAs, the Planning Commission considered, without limitation:
1. The June 10, 1999 Agenda Report to the Planning Commission, with
attachments;
2. The General Plan, Local Coastal Program, Municipal Code, Encinitas Ranch
Specific Plan, and associated Land Use Maps;
3. The Environmental Initial Study prepared by Curtis SCott Englehom and
Associates dated January 15, 1996;
4. Oral evidence submitted at the hearing;
5. Written evidence submitted at the hearing;
6. Project plans consisting of 3 sheets, including a site plan, landscape plan, and
elevations, all dated received by the City of Encinitas on June 1, 1999; and
CDAcI98299DR.RES 5/27/99
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WHEREAs, the Planning Commission made the following fmdings pursuant to the
Encinitas Ranch Specific Plan and Chapters 23.08 and 30.80 of the Encinitas Municipal
Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Encinitas hereby approves application 98-299 DRlCDPÆIA subject to the following
conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOL VED that the Planning Commission, il\ its independent
judgment, has reviewed the Environmental Initial Study prepared for the project and has
determined that all project impacts have been adequately analyzed in the Encinitas Ranch
Final Program EIR and have been avoided or mitigated p~t to that documentation
and/or have been addressed by adopted Findings and a Statement of Overriding
Considerations prepared in accordance with the provisions of the California J;:nvironmental
Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 10th day of June, 1999, by the following vote, to wit:
AYES: Commissioners Bagg, Birnbaum, Crosthwaite, Jacobson, Patton
NAYS: None
ABSENT: None
ABSTAIN: None
A Ice Jacobson, C
Encinitas Planni
ATTEST:
kJ-u.- Jw.. ~..¡....
Sandra Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time
limits for legal challenges.
CDAcI98299DR.RES 5/27/99
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ATTACHMENT "A"
Resolution No. PC 99-28
Case No. 98-299 DRlCDPÆIA
FINDINGS FOR DESIGN REVIEW
STANDARD: Chapters 3.2 and 6.0 of the Encinitas Ranch Specific Plan establish the
. "Botanical Garden Theme" concept as the preferred design concept for the
commercial center, and invoke the Design Review regulations contained in Chapter
23.08 of the Municipal Code as the standards to be applied by the Planning
Commission through the Design Review process to insure consistency with this design
theme. Section 23.08.070 (B) states that an application for design review shall be
approved unless, based upon the information presented in the application and during
the public hearing, any of the following regulatory conclusions ,can be reached by the
authorized agency:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the
provisions of the Municipal Cede.
Facts: The proposed project involves construction of an approximately 12,000 sq. ft.
commercial building on an existing pad in the central portion of the Encinitas Ranch
Town Center project. All grading, installation of parking lots and perimeter
landscaping around the pad have been completed. The project complies with all of
the technical development standards set forth in the Encinitas Ranch Specific Plan
for the ER-C zone, and parking has been provided for this use through site
improvements already installed for the center as a whole at the 5 space per 1,000 sq.
ft. ratio contained in the Specific Plan.
Discussion: No evidence has been submitted or identified which indicates any
aspect of the project which is inconsistent with the Encinitas General Plan, the
Encinitas Ranch Specific Plan, or the Encinitas Municipal Code.
Conclusion: The Planning Commission finds that this project is consistent with the
Encinitas General Plan, the Encinitas Ranch Specific Plan, and the Encinitas
Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Discussion: In tenns of site design (Municipal Code Section 23.08.074), the
project involves utilization of the existing graded, level pad area with minima1
grading or other alterations. With respect to views, there are not presently ~y
significant views through the site. The internal circulation system, parking, and
sidewalks around the project provide for effective access to the building and will not
adversely impact surrounding uses.
CDAcI98299DR.RES 5/27/99
In tenns of building design (Municipal Code Section 23.08.076), the project
designer has coordinated building materials, colors, and design to reflect the design
appearance utilized elsewhere throughout the Encinitas Ranch Town Center (the
"Botanical Garden Theme" called for in Chapters 3 .2 and 6.0 of the Encinitas Ranch
Specific Plan). The walls are of the same masonry construction with split-block
accents similar to those employed on the larger commercial center, and standing
seam metal roof elements of the same color and design used throughout the center
are also used. The design theme is carried out consistently among all elevations in
tenns of architectura1 design, materials, and color.
With regard to landscape design (23.08.077), much of the landscapins used on the
subject site consists of planted slope areas around its perimeter, the landscaping for
which was approved by the Planning Commission in conjunction with the design
review permit for the larger center and relate4 improvements (Case # 94-194 DR).
Within the lease space, the applicant has incorporated landscaping around the
perimeter of the building which carries through the theme established elsewhere
throughout the center, which includes use of drought tolerant trees and shrubs which
are of a size which should result in a mature appearance within three years.
With regard to sign design (Section 23.08.078), the project will utilize channel letter
wall signs which are required to comply with the sign program previously approved
for the center in conjunction with Design Review Permit 94-194DR The signs will
be in scale with the building elevations upon which they are placed and will be of a
durable construction.
Design summary: The Planning Commission finds that the proposal is in
substantial compliance with the City's adopted design criteria.
c. The project would adversely affect the health, safety, or general welfare of the
community .
Discussion: No aspect of the use has been identified which would have any
significant adverse effect on the health, safety, or general welfare of the community.
The project is provided with adequate on-site parking and will not adversely affect
traffic on adjoining roadways. The building is in scale with the site and surrounding
development, and is of a compatible design. An Environmental Initial Assessment
was prepared in conjunction with the application, which determined that all project
impacts have been adequately analyzed in the Encinitas Ranch Final Program EIR
and have been avoided or mitigated pursuant to that documentation and! or have been
addressed by adopted Findings and a Statement of Overriding Considerations
prepared in accordance with the provisions of the California Environmental Quality
Act (CEQA) Guidelines.
Conclusion: The Planning Commission finds that the project will not adversely
affect the health, safety, or general welfare of the community.
CDItcI98299DR.RES 5127/99
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Discussion: The proposed development has been désigned using similar and
compatible materials, colors and design appearance to those used in the balance of
the commercial center and will thus tie in visually with the center and not cause any
material depreciation to the appearance or value of the surrounding neighborhood.
Conclusion: The Planning Commission finds that the project would not cause the
surrounding neighborhood to depreciate materially in appearance or value.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Muni. Code Section 30.80.090 requires that the following findings of
fact be made by the authorized agency to grant approval of a Coastal Development
Permit:
1. The proposed development is consistent with the certified Local Coastal Program of
the City ofEncinitas;
2. The proposed development confonns with Public Resources Code Section 21000
and following in that there are no feasible mitigation measures or feasible
alternatives available which would substantially lessen any significant adverse
impact that the activity D¥iy have on the environment; and
3. For projects involving development between the sea or other body of water and the
nearest public road, approval shall include a specific finding that such development
is in conformity with the public access and public recreation policies of Section
30200 et. seq. of the Coastal Act.
Facts: The proposed project involves construction of an approximately 12,000 sq. ft.
commercial building on an existing pad in the central portion of the Encinitas Ranch
Town Center project. All grading, installation of parking lots and perimeter
landscaping around the pad has been completed. The project complies with all of
the technical development standards set forth in the Encinitas Ranch Specific Plan
for the ER -C zone, and parking has been provided for this use through site
improvements already installed for the center as a whole.
Discussion: The project is subject to the use allowances for the ER-C zone
pursuant to Section 6.9.1 of the Encinitas Ranch Specific Plan (a component of the
City's certified Local Coastal Program), as well as all of the other development
regulations for the ER-C zone contained in the Specific Plan. Other applicable
portions of the City's LCP are the Municipal Code and General Plan. A Coastal
Development permit is required in accordance with Chapter 30.80 of the Municipal
Code.
CDAcl98299DR.RES 5/27/99
Upon making the required findings for a design review ~t 4isc~sed above, the
project will be in full compliance with the City's Local Coastal Program, including
the Land Use Plan and implementation regulations including the Specific Plan,
Municipal Code (including Title 30), and General Plan. An Environmental Initial
Assessment was prepared in conjunction with the application which determined that
the project is consistent with the program EIR certified with the Encinitas Ranch
Specific Plan and the Findings/Statement of Overriding Considerations adopted in
conjunction with it. The project site is not located between the sea and the first
public road.
Conclusion: The Planning Commission finds that the project is consistent with the
certified Local Coastal Program of the City ofEncinitas and that findings #2 and # 3
are not applicable.
CDAcI98299DR.RES 5127/99
Resolution No. PC 99-28
ATTACHMENT"B"
CONDITIONS OF APPROVAL
Project No.: 98-299 DRlCDPÆIA
Applicant: Encinitas Ranch Town Center Associates
Location: 1076 N. EI Camino Real
APPLICANT SHALL CONTACT THE EN CINIT AS COMMUNITY
DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
I. SPECIFIC CONDITIONS
SC2 This approval will expire on June 10,2001 at 5:00 pm, two years after the approval
of this project, unless the conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project
plans dated received by the City on June 1, 1999, consisting of 3 sheets including
site plan, elevations, and landscape plan, all designated as approved by the Planning
Commission on June 10, 1999, and shall not be altered without express authorization
by the Community Development Department.
SCA The development within the Encinitas Ranch is subject to the phasing described in
Chapter 9 of the Encinitas Ranch Specific Plan. The subject building is a portion of
"Phase 2" development of the Green Valley Planning Area as described in the
Encinitas Ranch Specific Plan. All improvements associated with "Phase 2" in the
Encinitas Ranch Specific Plan and the Development Agreement entered into
between the Carltas Company and the City of Encinitas shall be in place to the
satisfaction of the City prior to occupancy of the subject building. If the
applicant/developer seeks to obtain building permits prior to the completion of said
improvements, the applic~tIdevelopershall execute an agreement satisfactory to the
Community Development Department acknowledging that no occupancy shall be
approved until such time as the required improvements are in place.
SCB All conditions and provisions of the Development Agreement adopted by the City
Council by Ordinance 94-19 and conditions of Tentative Map 94-066 contained in
Resolution PC 95-03 shall remain in full force and effect and shall not be modified
by the terms and conditions of this resolution unless specifically provided for herein.
SCC All project signage shall comply with the regulations contained in Chapter 6 of the
Encinitas Ranch Specific Plan as well as the approved sign program for the
Encinitas Ranch Town Center.
SCD All building materials, shapes, colors and details not specifically called to the
Planning Commission's attention verbally at the public hearing, and/or
subsequently modified in written or plan form, shall match exactly the items
approved for the overall commercial center consistent with Design Review Permit
94-194DR (Resolution No. PC 95-18).
SCE As agreed to by the applicant, building plans shall reflect the following revisions to
the satisfaction of the Community Development Department prior to building
permit issuance:
1. The trash enclosure shall be of an 8 inch masonry block construction with
split-face block bands to match the materials and colors used in the
construction of the building;
2. The paved area occupied by the trash enclosure and loading space, located
southeasterly of the handicapped walkway depicted on the site plan, shall be
paved with concrete;
3. The landscape plan shall be modified to include (1) planter openings in front
of each of the six columns along the front (northwest) elevation of the
building, to be planted with climbing vines, (2) a specification that all trees
except Eucalyptus trees in the approved plans shall be of a minimum 24-inch
box size, and (3) a clear indication that all landscaped areas not occupied by
trees and shrubs are to be planted with groundcover at a density satisfactory
to the Community Development Department.
Gl STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVEWPMENT DEPARTMJNT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDmON(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.
G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with
that of the building(s), and shall be provided with view-obstructingsolid~ta1 gates
as approved by the authorized agency. Adequate space for recyclable mateiials shall
be provided within the enclosure in accordance with MunicipålCode requirements.
G1O All retaining and other freestanding walls, fences, and enclosures shall be
architecturally designed in a manner similar to, and' consistent with, the primary
structures (e.g. stucco-coatedmasonry, split-face block or slump stone). These items
shall be approved by the Community Development Department prior to issuance of
building permits.
Gll All roof-mounted equipment and appurtenances, including air conditioners and
associated ductwork and conduits, shall be architectura1ly integrated, and shall be
shielded from view and sound buffered to the satisfaction of the Community
Development Department. Ground-mounted mechanical and electrical equipment
shall also be screened through use of a wall, fence, landscaping, benn, or
combination thereof to the satisfaction of the Community Development Department.
All exterior accessory structures shall be designed to be compatible with the primary
building's exterior to the satisfaction of the Community Development Department.
G12 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 Community
Development Department.
G13 The applicant shall pay development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer
Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees,
Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to
pay these fees shall be made p~ building permit issuance to the satisfaction of
the Community Development an ngineering Services Departments. The applicant
is advised to contact the Community Development Department regarding Park
Mitigation Fees, the Engineering Services Department regarding Flood Control and
Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable
Utility Departments or Districts regarding Water and/or Sewer Fees.
G17 In accordance with the provisions of the Off-Street Parking Design Manual, all
parking spaces (except handicapped spaces) shall be delineated by double-line
striping consisting of 4-inch wide painted white lines 1 to 2 feet apart, and all
parking areas with more than one row of parking spaces shall have directional signs
or painted directional arrows where one way travel is necessary to guide traffic, all
of which shall be indicated in building plans and found satisfactory by the
Community Development Department prior to fmal approval of the project's
building permit. Adjacent to the sides of the parking lot landscape islands, stalls
shall be provided with a 12" wide concrete strip adjacent to the island's curb.
G20 Decorative use of neon tubing or banding, such as tubing around windows or doors
or banding around the building exterior, shall not be allowed unless approved
through subsequent design review permit modification( s). Temporary window signs
are . limited to 25% of window area in accordance with Section 30.60.060 (N) of the
Municipal Code.
Ll The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient
Landscape Program), which requires a landscape and irrigation plan to be prepared
by a State licensed landscape designer. The requirements for the plans are listed in
Chapter 23.26. The landscape and irrigation plans must be submitted as part of the
building permit application for the project.
L2 All required plantings and automated irrigation systems shall be in place prior to use
or occupancy of new buildings or structures. All required plantings and automated
irrigation systems shall be maintained in good condition, and whenever necessary,
shall be replaced with new materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All landscaping and irrigation
systems shall be maintained in a manner that will not depreciate adjacent property
values and otherwise adversely affect adjacent properties. All irrigation lines shall
be installed and maintained underground (except drip irrigation systems).
DRI Any future modifications to the approved project will be reviewed relative to the
findings for substantial confonnance with a design review permit contained in
Section 23.08.140 of the Municipal Code. Modifications beyond the scope
described therein may require submittal and approval of an amendment of the design
review permit by the authorized agency.
Bl BUILDING CONDITIONlS):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING
COMPLIANCE WIm THE FOLLOWING CONDITION(S):
B2 The applicant shall submit a complete set of construction plans to the &Q1ding
Division for plancheck processing. The submittal shal\ include a Soils/Geotechnical
Report, structural calculations, and State Energy compliance documentation (Title
24). Construction plans sha.I1include a site plan, a foundation plan, floor 8I)d 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 Unifonn Building Code with
California Amendments, the California Mechanical, Electrical and Plumbing
Codes). Commercial and Multi-residential construction must also contain details
and notes to show compliance with State disabled accessibility mandates. These
comments are preliminary only. A comprehensive plancheck will be completed
prior to pennit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WIm THE FOLLOWING CONDITION(S):
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall
have an unobstructed paved width of not less than 24 feet and an unobstructed
vertical clearance of not less than 13 feet 6 inches.
F9 POSTING OF ROADWAYS: Emergency access roadways when required shall
be properly identified as per Fire Department standards.
F1O OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a
minimum of 24 feet in width during construction and shall be maintained clear
and free of obstructions during construction in accordance with the Unifonn Fire
Code.
Fll FIRE HYDRANTS & FIRE FLOWS: The applic8J;1t shall provide fire hydrants
of a type, number, and location satisfactory to the Encinitas Fire Department. A
lettèr from the water agency serving the area shall be provided that states the
required fire flow is available. Fire hydrants shall be of a bronze type. A two-
sided blue reflective road marker shall be installed on the road surface to indicate
the location of the fire hydrant for approaching fire apparatus.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will
allow them to be clearly visible from the street fronting the structure. The height
of the address numbers shall confonn to Fire Department Standards.
F15 . AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fife sprinkler system installed to the satisfaction of the Fire Department.
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