1995-14
RESOLUTION NO. PC 95-14
A RESOLUTION. OF THE PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT MODMCA110N AND COASTAL
DEVELOPMENT PERMIT FOR ADDmON OJ' A MAINTENANCE AND STORAGE
BUILDING TO AN EXISTING HACIENDAS DE LA
PLAYA CONDOMINIUM COMPLEX LOCATED IN THE D-R15 ZONE OF THE
DOWNTOWN ENGNlTAS SPECIFIC PLAN EAST OF VULCAN BE1WEEN
ENCINITAS BLVD. AND EAST "D" STREET IN OLD ENCINITAS
(CASE NUMBER 95-077 MUPIMOD)
WHEREAS, a request for consideration of a Major Use Permit modification and Coastal
Development Pennit was tiled by Donald A Holmes on behalf of the Haciendas de Ia Playa to allow
construction of an approximately 420 sq. ft. storage and maintenance building at the rear property line
near the existins recreation building behind 403 Paseo Pacifica in the ~ de Ia Playa
Condominiums in accordance with ~ 30.74 and 30.80 of the City ofEncinitas Municipal Code,
said property being legally described as:
Lots 1, 2, and 3 of County of San Diego Tract No. 4293, according to the Map thereof No.
10676 in the City of Encinitas, County of San Diego, tiled in the Office of the San Diego
County Recorder; and
WHEREAS, a public hearing was conducted on the application on May 18, 1995, by the Old
Encinitas Conununity Advisory Board, at which time the Conununity Advisory Board voted to
reconunend PIamùng Commission approval of the project; and
WHEREAS, a pubHc hearing was conducted on the application on June 15, 1995 by the
Planning Commission; and
WHEREAS, the Planning Commission considered:
\
L The May 18, 1995 staff report to the Community Advisory Board with attachments;
2. The June IS, 1995 statrreport to the Planning Commission with attachments;
3. AppHcation and project plans consisting of site plan, floor pIan, section, and partial
elevations consisting of 4 sheets dated received April 5, 1995;
4. Oral evidence submitted at the hearing;
S. Written evidence submitted at the hearing; and
CD/tc/12/95071MUP.RES (6-2-95)
~
WHEREAS, the Planning Commission made the following findings pursuant to Chapten 30.74 and
30.80 of the Encinitas Mwûcipal Code:
(SEE ATIACHMENT ItAIt)
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves Major Use Permit Modification and Coastal Development Permit
application 95"{)77 MUPMOD subject to the following conditions:
(SEE ATIACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment,
finds this project exempt 1Ì'om environmental review pursuant to Sect. 15301 (e) of the California
Environmental Quality Act (CEQA) which exempts additions of this type.
PASSED AND ADOPTED this 15th day of June, 1995, by the following vote, to wit:
AYES: Commissioners Jacobson, Lanham, Patton
NAYS: None
ABSENT: Commissioners Bag, Wells
ABSTAIN: None .-
Jacobson
Chair of the
Commission
ATTEST:
-~ r.U~L~ Þ-
andra S. Holder
Secretasy
CD/tc/12/95077MUP.RES (6-2-95)
ATTACHMENT "A"
Resolution No. PC 95-14
Case No. 95-077 MUPMOD
FINDINGS
The following findings must be made by the authorized agency to wamnt approval of the Major Use
Pemñt in accordance with Section 30.74.070 of the Mwùcipal Code:
1. The location- ~ design and operating characteristics of the proposed project will be
compatible with and will not adversely a1fect and will not be mataiaJly detrimental to adjacent
~ residences, buildings, structures or ~ resources, with consideration given to, but not
limited to:
a. The adequacy of public 1àcilities, serviçes and utilities to serve the proposed
project;
b. The, suitability of the site for the type and intensity of use or development which
is proposed; and
c. The hannful effect, if any, upon environmental quality and natural resources of
the city;
Facti: The proposal involves the construction of a 14 ft. by 30 ft. (420 sq. ft.) storage and
maintenance building behind the existing recreation/restroom building in the rear (southeast)
portion of the Haciendas complex at the easterly property line. The Major Use Pemñt
approved by the County of San Diego in 1981 (Case # P81-067W) did not allow for such
buildings or their placement within the setbacks established by that permit, thus requiring this
modification.
Discussion: The structure will be located in a relativeJy inconspicuous location in the rear
portion of the property largely saeened by the nearby recreation/restroom building. It will be
located at the rear property line, a point at which a slope begins upward moving east to a public
park, such that the fàct that it does not observe a setback fi'om the rear property ~ should not
be problematic since it is not feas¡òle to construct structures on the westerly portion of the park
property. The property is served and will continue to be served by all ~ public services
and utilities, and the project is eKempt ftom environmental review under Section 15301 of the
California Environmental Qua1ity Act (CEQA).
CD/tc/12/95077MUP.RES (6-2-95)
Conclusion: The PIanninø ' Commission finds that the project will continue to be served by
existing ~ wiD be compatible with adjacent uses and be of appropriate intensity for the
site, and is exempt ftom enviromnentaI review.
2. The impacts of the proposed project will not adversely aftèct the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project complies with aD other regulations, conditions or policies imposed by the
Municipal Code.
Facts: The use of the property for attached multi-family residential use is expressly allowed in
the D-R15 zone regulations of the Downtown Encinitas Specific Plan, in the residential zone
regulations of Chapter 30.16 of the Municipal Code, and in the General Plan. This application
is for a sman accessory structure that, with modification of the rear setback via this use permit
modification, is fully in keeping with the allowances of the Municipal Code and General Plan.
In conjunction with any approval of a use permit for the subject property, the authorized
agency also finds the project consistent with the Design Review findings contained in Chapter
23.08 of the Municipal Code, as follows:
a. The project design is consistent with the General Plan, a specific Plan, and the provisions of
this Code.
Discussion: The project involves a sman accessory structure which is allowed in
COJVunction with the permitted primary use of attached multi-family residential use in
the D-R15 zone in the Downtown Encinitas Specific Plan, the General Plan and in the
Municipal Code.
b. The project design is substantially consistent with the Design Review Guidelines.
Discussion: In terms of site design, there is no significant change proposed as to land
fonDS or as to the type and intensity of the use. No significant public views are available
to be impeded by development of the site. The circuJation pattern on site will not be
modified or impacted by addition of this building.
In terms of building design, Specific Condition I of Attachment "B" hereto will require
that the exterior treatment and the roof are of materials and colors matching that of the
surrounding Haåendas condominiums, such that architectural consistency will be
insured throughout the complex.
WIth regard to 1andscaping and signage, no d1anaes are proposed via this application.
CD/tc/12/95077MUP.RES (6-2-95)
Design SUII1IDIUY: It is the opinion of the Planning Commission that the proposal is in
substantial compliance with the City's adopted design aiteria.
c. The project would not adversely affect the health, safety, or general weJ1àre of the
conununity.
Diseus8ioø: Project scope is limited to a small 420 sq. ft. accessol}' building which is
exempt fi'om environmental review under Section 15303 of the California
Environmental Quality Act (CEQA).
d. The project would not cause the surrounding neighborhood to depreciate materially in
appearance or value.
Discaaion: The proposed development will not significantly change the appearance or
function of the existing development and thus will not cause any material depreciation
to its appearance or value.
Conclusion: The CoßQÏssion determines that the proposed project will not conflict with the
Encinitas Murûcipal Code since the Conunission finds that the findings can be made for the use
permit and that the project is in confonnance with the City's adopted design criteria, and is
consistent with the General Plan.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT (Muni. Code Sectioa 30.80.090):
L The proposed development is consistent with the certified Local Coastal Program of the City of
Encinitas; and
2. The proposed development confonns with Public Resources Code Section 21 000 and foDowing
in that there are no feasible mitigation measurers or feasible alternatives available which would
substantially lessen any sigrûficant adverse impact that the activity may have on the
enviromnent.
Facts: The existing muIti1àmiIy resideatia1 condominium project on the site is tùDy consistent
with the use allowances in the D-R15 zone of the Downtown Eocinitas Specific Plan.
Modification of the rear ~k requirements of the zone via the major use permit is nec~WITY
in accordance with Chapter 30.. 76 of the Municipal Code. With issuance of that permit based
upon the required findings listed above, the project will be in tùJl compliance with the City's
Local Coastal Program, including the Land Use Plan and implementation regulations including
the Municipal Code and Downtown Eocinitas Specific Plan. No potentiaJly significant adverse
impacts will result and the project is cateaoricaJly exempt ftom environmental review in
accordance with Section 15301 of the California Environmental Quality Act (CEQA).
Conclusion: The proposed development is consistent with the Local Coastal Program of the
CD/tc/12/95077MUP.RES (6-2-95)
-----~
city ofEnclnitas and is categoricaDy eøœmpt iÌ'Om environmental review in accordance with
Section 15301 ofCEQA
CD/tc/12/95077MUP.RES (6-2-95)
, - '~, 'b
AITACHMENT "B"
RESOLUTION NO. PC 95-14
commONS OF APPllOV AL
Applicant: Haciendas de la Playa H O.A
Case No: 95"{)77 MUPMOD
Project Description: Major use modification for constIUction of a maintenance and storage bullding
along the rear property line of a recreational area of an existins condominium
complex.
Location: Behind 403 Paseo Pacifica
I. SPECJFIC CONDmON
Prior tb pemùt issuance. the applicant shall ex:eane and record a coveœnt setting forth
the teqns and conditions of this approval to the Wisfaction of the Community
Development Dept.
ll. STANDARD COmmONS
1. GENERAL CONDmONS
A This approval wiD expire in two years, on June 15, 1997, at 5:00p.m., unless
the conditions have been met or an extension has been approved by the
Authorized Agency.
B. This approval may be appealed to the authorized agency within 1 5 calendar
days fi'om the date of this approval.
C. At all times during the eJfective period of this permit, the applicant shall obtain
and maintain in valid force and eftèct, each and every license and permit
required by a govenunenta1 agency for the operation of the authorized activity.
D. Upon a showing of compelling public necessity demonstrated at a noticed
hearin& the City of EnåIitas, acting through the authorized agency, may add,
amend, or delete conditions and regulations contained in this pemùt.
E. Project is approved as evidenced by the project plans consisting of four sheets
including a floor plan, site plan, building section, and partial elevations dated
received by the City of&cinitas on April 5, 1995, and signed by a City Official
as approved by the &cinitas Planning CommissiOn on June 15, 1995 and shall
not be altered without Conununity Development Department review and
approval.
"
APPUCANT SHALL CONTACT TIlE ENCINlTAS FIRE DEPARTMENT REGARDING
COMPUANCE WITH TIlE FOLLOWING CONDmONS:
Prior to granting final occupancy or development approval, the applicant shall submit to the
Community Development Department a letter staûng that all development impact, plan check,
and/or cost recovery fees have been paid or secured to the sati!d1ction of the Yue Department.
~ I