1990-17RESOLUTION NO. PC-90-!7
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT MODIFICATION
TO ALLOW THE CONSTRUCTION OF AN ENTRY CANOPY,
THE ADDITION OF A 24 CAR PARKING LOT WITH LANDSCAPING,
AND NEW SIGNAGE FOR BUILDING C
FOR THE NORTH COAST HEALTH CENTER COMPLEX
LOCATED AT 477 N. EL CAMINO REAL,
ENCINITAS, CALIFORNIA
APPLICATION 89-283-MUP/MOD
WHEREAS, Petree/Americare Health and Retirement, Inc. applied
for a Major Use Permit Modification to Major Use Permit 89-181-MUP
for the construction of an entry canopy, the addition of a 24 car
parking lot with landscaping, and new signage for building C at the
North Coast Health Center, as required by Chapter 30.74 Use
Permits, of the Municipal Code of the City of Encinitas;
WHEREAS, a public hearing was conducted by the New Encinitas
Community Advisory Board on February 5, 1990 and all persons
desiring to be heard were heard, and the Board forwarded the
application with a recommendation that Planning Commission approve
the Major Use Permit Modification for Petree/ Americare Health and
Retirement, Inc.; and
WHEREAS, a public hearing was conducted on the application
by the Planning Commission on March 27, 1990 and all persons
desiring to be heard were heard; and
LN/CAB13-176wp (5-9-90)
WHEREAS, evidence was submitted and considered to include
without limitation:
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be
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Landscape plan (sheet L-i) dated January 10, 1990, site
plan (sheet Ti) dated received by the City of Encinitas
on March 27, 1990, demolition plan, grading plan, site
construction plan/parking layout, site construction
details (sheets C1, C2, C3, and C4 respectively) dated
February 12, 1990, elevations and sign plan dated
December 5, 1989 (no sheet Numbers) which are on file in
the Department of Planning and Community Development;
Written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
Planning Commission staff report (89-283-MUP/MOD) dated
March 20, 1990 which is on file in the Department of
Planning and Community Development; and
Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Encinitas that the Major Use Permit Modification is
hereby approved subject to the following findings:
The location, size, design or operating
characteristics of the proposed project will be
compatible with and will not adversely affect and
will not be materially detrimental to adjacent uses,
residences, buildings, structures or natural
resources, with consideration given to, but not
limited to:
The adequacy of public facilities, services
and utilities to serve the proposed project;
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The suitability of the site for the type and
intensity of use or development which is
proposed; and
Ce
The harmful effect, if any, upon environmental
quality and natural resources of the city;
Evidence: The site is currently developed as a
medical health complex. The project for interior
tenant improvements and the construction of the
LN/CAB13-176wp (5-9-90)
entry canopy, parking lot, landscaping and signage
will not adversely impact the current use or
surrounding property.
The impacts of the proposed project will not
adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal
Code;
The project complies
conditions or policies
Code.
with other regulations,
imposed by the Municipal
Evidence: The proposed project is compatible with
the General Plan and zoning provisions since medical
health complexes are permitted in the General
Commercial District with an approved Major Use
Permit, and the design of the proposed project will
be in compliance with the City of Encinitas Zoning
Code and Parking Design manual.
BE IT FURTHER RESOLVED that the Major Use Permit Modification
is approved subject to the following STANDARD conditions:
1. This approval will expire on March 27, 1992, two years
after the approval of this project unless the conditions have
been met or an extension has been approved by the Authorized
Agency;
2. This approval may be appealed to the authorized agent
within 15 days from the date of this approval;
3. 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;
4. 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;
LN/CAB13-176wp (5-9-90)
5. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause a
noticed hearing to be set before the authorized agency to
determine why the City of Encinitas should not revoke this
permit;
6. 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;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
8. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit;
9. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable City
Ordinances in effect at the time of Building Permit issuance
unless specifically waived herein;
10. 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 if applicable;
11. This approval shall become null and void if building
permits are not issued for this project within two years from
the date of project approval, if applicable;
12. Ail Permits from other agencies will be required when
applicable; and
BE IT FURTHER RESOLVED that the Major Use Permit Modification
is approved subject to the following ADDITIONAL conditions:
The Major Use Permit Modification for the construction
of an entry canopy, the addition of a 24 car parking lot
with landscaping, and new signage for building C at the
North Coast Health Center is approved as submitted on
the landscape plan (sheet L-i) dated January 10, 1990,
LN/CAB13-176wp (5-9-90)
site plan (sheet Ti) dated received by the City of
Encinitas on March 27, 1990, demolition plan, grading
plan, site construction plan/parking layout, site
construction details (sheets Cl, C2, C3, and C4
respectively) dated February 12, 1990, elevations and
sign plan dated December 5, 1989 (no sheet Numbers) and
as further described herein with a modification to add
five 15 gallon trees to the landscape area on the north
portion of the south parking lot to be reviewed and
approved by staff.
A letter shall be submitted to the Fire District stating
that all plan review fees have been paid.
The new canopy shall be sprinklered unless the canopy is
constructed with non-combustible material.
A revised landscape and parking plan shall be submitted
as reviewed. A covenant shall be recorded in the office
of County Recorder and shall read as follows:
Ail required plantings shall be in place prior to use or
occupancy of new buildings or structures, or additions
to 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 as setforth in the
landscape plan dated received by the City of Encinitas
on March 27, 1990 and on file in the Department of
Planning and Community Development. All landscaping
shall be maintained in a manner that will not depreciate
adjacent property values and otherwise adversely affect
adjacent properties.
LN/CAB13-176wp (5-9-90)
PASSED AND ADOPTED this 27th day of March, 1990, by the
following vote, to wit:
Ayes:
Nays:
Absent:
Abstain:
Commissioners Bagg, Couglar, Dean,
None
None
None
, and Stumpf
ATTEST:
/sPea~c~ei~akr~P~' /
R BAGG,
Planning Commission
~n of the
LN/CAB13-176wp (5-9-90)