1988-20 1424 Enc Blvd - SignRESOLUTION NO. PC 88-20
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING DESIGN REVIEW APPLICATION
85-135 DR, VARIANCE APPLICATION 85-135 V,
MINOR USE PERMIT APPLICATION 88-135 MIN
AND SIGN PERMIT APPLICATION 88-135 SIGN TO ALLOW REMODELING
OF EXISTING FACILITIES FOR PROPERTY
LOCATED AT 1424 ENCINITAS BOULEVARD;
KNOWN AS: That portion of the Westerly 540 feet of the Southeast
Quarter of the Northeast Quarter of section 14, Township
13 South, Range 4 West, San Bernardino Base and Meridian,
in the County of San Diego, State of California,
according to the U.S. Government Survey approved April
19, 1881, which lies northerly of the center line of the
60' County Road Survey, Map 458.
WHEREAS, Allan L. Richie applied for Design Review, Minor Use
Permit, Sign Permit, and Variance of Section 6708 (c) of the Zoning
Ordinance to allow for remodeling of existing facility for
property located at 1424 Encinitas Boulevard; and
WHEREAS, a public hearing was conducted on applications 88-
135 DR, 88-135 V, 88-135 MIN, and 88-135 SIGN on May 2, 1988 by the
New Encinitas Community Advisory Board, at which time all persons
desiring to be heard were heard; and,
WHEREAS, a public hearing was held by the Planning Commission
on June 28, 1988, and July 12, 1988, and all persons desiring to be
heard were heard; and
WHEREAS, the
limitation:
1.
Planning Commission considered without
The New Encinitas Community Advisory Board staff report
dated April 19, 1988, and the Planning Commission staff
reports dated June 22, 1988, July 12, 1988, and July 7,
1988; and
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CASE NO. 88-135 DR/MIN/V/SIGN
The application submitted by Allan L. Richie including
all plans for development and other written information,
which were reviewed as part of the hearing; and
The staff report dated April 27, 1988 which was reviewed
as part of the hearing; and
Oral information submitted at the hearing; and
Additional written documentation which was reviewed as
part of the hearing.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Encinitas that the following findings are made for a
Variance:
The applicant's property is physically special and unique
in contrast with other lots in the same vicinity which
are developed with enclosed uses and do not have the same
security needs that open unenclosed uses have; and
That the proposed development will have no significant
impact on the environment as no significant impacts were
determined when the proposed project was reviewed; and
The privilege sought by the applicant is not inconsistent
with the limitation upon other properties in the vicinity
and zone as other uses have security measures which
protect their uses; and
The variance will not be granted for the parcel of
property which authorizes a use or activity which is not
otherwise expressly authorized by the zoning regulations
governing the parcel of property as commercial retail
auto sales and service structures are allowed in this
zoning district; and
The granting of this variance would grant a privilege
that is enjoyed by other property in the vicinity as an
alternate development plan cannot be utilized to
accomplish the improvements proposed within the standards
set forth in the Zoning Ordinance.
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CASE NO. 88-135 DR/MIN/V/SIGN
BE IT RESOLVED by the New Encinitas Community Advisory Board
of the City of Encinitas that the following finding is made for
Design Review:
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The project as submitted, with all evidence and
additional information and material, is found to be
substantially in conformance with the Design Review
Guidelines.
BE IT RESOLVED that the New Encinitas Community Advisory Board
of the City of Encinitas that the following findings are made for
a Minor Use Permit:
The application as submitted is found to be substantially
in compliance with the requirements for a Minor Use
Permit, for the following reasons:
a)
The location, size, design and use of the proposed
commercial project is compatible with adjacent
commercial uses; and
b)
The proposed project will not adversely affect the
Encinitas General Plan as the proposed commercial
use is allowed by the General Plan designation of
#13 General Commercial; and
c)
The proposed project complies with all other
applicable City Codes as represented by the
submitted plans for the commercial development.
BE IT RESOLVED by the New Encinitas Community Advisory Board
of the City of Encinitas that the following finding is made for the
Sign Permit:
The proposed sign plan as presented is in substantial
compliance with the Sign Ordinance of the City of
Encinitas.
BE IT RESOLVED that the New Encinitas Community Advisory Board
of the City of Encinitas hereby approves Design Review Application
88-135 DR and Variance Application 88-135 V, Minor Use Permit
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CASE NO. 88-135 DR/MIN/V/SIGN
Application 88-135 MIN and Sign Permit 88-135 SIGN subject to the
following conditions:
CITY OF ENCINITAS
1. GENERAL CONDITIONS
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This approval will expire on May 2, 1988, one year after
the approval of this project unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
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This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
and effect, each and every license and permit required by
a governmental agency for the operation of the authorized
activity;
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At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit;
In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause a
noticed hearing to be sent before the authorized agency
to determine why the City of Encinitas should not revoke
this permit;
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Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit;
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Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the
activity authorized by this permit;
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Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that which is
specifically described in this permit; and
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CASE NO. 88-135 DR/MIN/V/SIGN
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance.
This approval shall become null and void if building
permits are not issued for this project within one year
from the date of project approval.
Project is approved as submitted and shall not be altered
without Community Advisory Board review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SITE DEVELOPMENT
Site shall be developed in accordance with the
approved site plans on file in the Community Development
Department and the conditions contained herein.
Revised site plans and building elevations
incorporating all conditions of approval shall be
submitted to and found satisfactorily by the Community
Development Department prior to issuance of building
permits.
Trash receptacle shall be enclosed by a 6 foot high
decorative masonry wall with view-obstructing gates or
within the service area. Design and location shall be
subject to review approval by the authorized agent.
Ail roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required and approved by the authorized agent.
Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed or
covenanted to the satisfaction of the Director of
Community Development.
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CASE NO. 88-135 DR/MIN/V/SIGN
For a new commercial or industrial development, or
addition to an existing development, 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 Fees, Drainage Fees and Park Fees. These fees
shall be paid:
a. Prior to building permit issuance; or
b. Prior to final occupancy.
Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
Building elevations materials and color are approved as
submitted, any changes must be reviewed and approved by
the authorized agent.
Applicant shall submit to the Community Development
Department a security construction plan for review and
approval. Said Plan shall identify any temporary
fencing, temporary parking and circulation, project
access and the like.
Revised elevations reflecting required modifications
shall be submitted to the Community Development
Department prior to submittal in plan check.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
That a plan be submitted for approval by the Director of
Planning and Community Development and the Encinitas Fire
Protection District regarding the treatment of the site
during the construction phase, and the circulation and
parking of construction workers' vehicles and any heavy
equipment needed for the construction of the project.
The fence located on the western property line be black
vinyl coated chain link.
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CASE NO. 88-135 DR/MIN/V/SIGN
PARKING AND VEHICULAR ACCESS
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Parking lot layout shall meet the standards of the
Zoning Ordinance and the off street Parking Design
Manual.
Parking lot lights shall be as submitted and approved and
have a maximum height of twenty-one (21) feet from the
finished grade of the parking surface and be directed
away from all property lines, adjacent streets and
residences.
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual. The driveways as represented are
approved.
LANDSCAPING
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A detailed landscape and irrigation plan shall be
submitted to and approved by the Planning and Community
Development Department prior to the issuance of building
permits.
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The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance and off street
Parking Design Manual and is approved as submitted.
A minimum of 7 trees shall be provided for the
project, comprised of the following sizes; 7 - 24" box or
larger. Box trees are to be added in front of the west
fence and also in front of the modular structures.
Further, the landscape plan is to include additional
trees to be planted along the north property line to
include a minimum of 20 - five gallon or larger trees.
Ail required plantings shall be in place prior to use
or occupancy of new buildings or structures. All
required plantings shall be maintained in good growing
conditions, and whenever necessary, shall be replaced
with new plant materials to ensure continued compliance
with applicable landscaping, buffering, and screening
requirements. All landscaping shall be maintained in a
manner that will not depreciate adjacent property values
and otherwise adversely affect adjacent properties.
The height required for hedges or other dense
landscaping is the height to be attained within 3 years
after planting.
Landscaping shall be maintained in such a way so view
corridors are not blocked.
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CASE NO. 88-135 DR/MIN/V/SIGN
SIGNS
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Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
The comprehensive Sign Program for this development is
approved as submitted and any change will require review
and approval by the authorized agent.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
FIRE
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Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
Department.
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Ail designated emergency access roads shall be posted per
the Fire Department.
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Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. Provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 100 psi. The
installation of a pressure reducing station may be
required. Fire hydrants shall be of a bronze type.
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Submit a letter from the Encinitas Fire Protection
District stating that fire/fuel breaks have been provided
to the satisfaction of the District.
Ail two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 24 feet wide at all times
during construction in accordance with Fire Department
requirements.
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CASE NO. 88-135 DR/MIN/V/SIGN
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS=
GRADIN~
A. Grading of the subject property shall be in accordance
with the Grading Ordinance.
B. A soils/geological/hydraulic report shall be prepared by
a qualified engineer licensed by the State of California
to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
C. The final grading plan shall be subject to review and
approval by the Public Works Department and shall be
completed prior to issuance of building permit.
8. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity per Municipal Code.
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Ail damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
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The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the final inspection or the
date the certificate of occupancy is issued, whichever
occurs later.
Developer shall execute and record a covenant with the
County Recorder agreeing to participate with the City in
establishing a street tree program.
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CASE NO. 88-135 DR/MIN/V/SIGN
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
DRAINAGE AND FLOOD CONTROL
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Storm drains will be required at locations specified by
the Director of Public Works and in accordance with
standard engineering practices.
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A drainage system capable of handling and disposing of
all surface water originating within the project site,
and all surface waters that may flow onto the project
site from adjacent lands, shall be required. Said
drainage system shall include any easements and
structures as required by the Director of Public Works to
properly handle the drainage.
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Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
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Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
10. UTILITIES
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Ail proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
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PASSED AND ADOPTED this 12th
following vote, to wit:
AYES: Fernald, Hano, Hirsch
NAYS: None
ABSENT: Reed
ABSTAIN: Bagg
day of July, 1988,
by the
GaiI Hano, Chairperson
Planning Commission of the
City of Encinitas
ATTEST:
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NOTE: An appeal of the Planning Commission decision was filed
by Jeff Skiljan and subsequently placed on the August 10,
1988, City Council meeting agenda as an Initial
Consideration. A motion was made and seconded to set the
appeal for hearing, but failed due to a tie vote.
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