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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: ae be do 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; be 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)