1991-03RESOLUTION NO. PC91-03
A RESOLUTION OF THE ENCINITAS
PLANNING COMMISSION APPROVING A
MAJOR USE PERMIT TO ALLOW OPERATION OF A
MOTORCYCLE/OFF ROAD VEHICLE SALES AND SERVICE
FACILITY AND DESIGN REVIEW FOR PROPOSED CHANGES TO
THE EXISTING BUILDING AND PROJECT SITE LOCATED AT
111 C STREET IN OLD ENCINITAS
(CASE NUMBER 90-245 MUP)
WHEREAS, a request for consideration of a Major Use Permit and
Design Review Permit was filed by Dan Ellison to allow operation
of a motorcycle/off-road vehicle sales and service facility and
Design Review for proposed changes to the building and project site
located at 111 C Street in Old Encinitas (Case Number 90-245 MUP),
legally described as:
Lots 5 through 12 inclusive of Block 3 and Lots 1 and 2 of Block
4 of Encinitas, according to Map No. 148 filed in the office of the
County Recorder of San Diego County June 12, 1883.
WHEREAS, public hearings were conducted on the application on
November 29, 1990, and December 13, 1990, by the Old Encinitas
Community Advisory Board; and
WHEREAS, a public hearing was held by the Planning Commission
on January 10, 1991; and
WHEREAS, the Planning Commission considered, without
limitation:
1. The staff reports dated November 16, December 7, and
December 31, 1990
2. The application; statement of justification; drawings A-1
and A-2, which contained: site plan (including
preliminary landscape plan), floor plans and exterior
elevations, both dated received December 5, 1990.
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearings; and
WHEREAS, the Planning Commission made the following findings
pursuant to Chapter 30.76 of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Encinitas that application 90-245 MUP is hereby
approved subject to the following conditions:
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(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Planning Commission of the City
of Encinitas that:
This project is categorically exempt from environmental review
under Section 15301 (e) of the California Environmental Quality
Act (CEQA), which exempts minor additions or alterations to
existing structures.
PASSED AND ADOPTED this 10th day of January, 1991, by the
following vote, to wit:
AYES: Couglar, Dean, Orr, Stumpf
NAYS: Bagg
ABSENT: None
ABSTAIN: None
Lester H. Bagg, Chairman
of the Planning Commission
ATTEST:
Secretary
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ATTACHMENT
Resolution No. PC 91-03
Findings For A Use Permit
Chapter 30.74.070 of the Encinitas Municipal Code
(Case No. 90-245 MUP)
The location, size, design or operating characteristics of the
proposed project will not be incompatible with or will not
adversely affect or 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;
The suitability of the site for the type and intensity
of the use or development which is proposed; and
The harmful effect, if any, upon environmental quality
and natural resources of the City;
Evidence:
Ail public services are in place to serve the project.
The location of the existing building provides an acceptable
site for the moderately intensive use of motorcycle sales and
servicing since the previous use occupying the O. R. V. site
was relatively intensive, since there are other intensive uses
in the immediate vicinity (auto repair to the north and south,
and a fire station to the west) and since the site is located
in the General Commercial Zone along a circulation element
road.
The impacts of the proposed project will not adversely effect
the policies of the Encinitas General Plan or provisions of
this code; or
The project complies with any other regulations, conditions,
or policies imposed by this code.
Evidence: The Commission reviewed this proposal for its
compatibility with the surrounding area and with the General
Plan. The Commission has identified no adverse effects on the
General Plan, the surrounding area, and no inconsistencies
with City regulations for this project.
Findings for design review:
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The following findings must be made by the authorized agency
to warrant approval of the design review permit in accordance
with Sect. 23.08.072 of the Municipal Code:
ao
The project design is consistent with the General Plan,
a Specific Plan, or the provisions of the Municipal Code.
Evidence: The proposed motorcycle and O. R. V. sales and
servicing facility would be consistent with the General Plan
and all other City guidelines since the proposal is allowable
in the General Commercial Zone with an approved Major Use
Permit, since the findings for a use permit are satisfied with
this proposal and since no other conflicts with the General
Plan have been identified by the Commission.
Be
The design is substantially consistent with the Design
Review Guidelines.
Evidence: The change in use and exterior work proposed
triggers the requirement for design review. The motorcycle
and O. R. V. sales/service use proposes to locate inside an
existing "warehouse" style building. The applicant proposes
to re-paint the building. Additionally proposed is a
landscape plan and a new parking lot layout. The Commission
determines that these changes will constitute an improvement
in the appearance of the site and that the project is in
substantial compliance with the Design Criteria contained in
Chapter 23.08 of the Municipal Code.
Ce
The project would not adversely affect the health,
safety, or general welfare of the community.
Evidence: No aspect of the proposed project has been
identified which would adversely affect the public health,
safety, or general welfare in any way.
The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence: The proposed building and site changes will
represent an upgrade in appearance and will thus not cause any
depreciation in the appearance or value of the neighboring
areas. The use is compatible with similar adjoining uses,
including automotive repair and warehousing/shipping
businesses, and no aspect of the proposed use has been
identified which would adversely impact other nearby
properties.
mn/04/CRO9-691wp5 4(2-4-91/10)
ATTACHMENT "B"
&pplicant:
case No:
Subject:
Location=
Dan Ellison
90-245 MUP
Motorcycle and O.R.V. sales/service and changes to
existing building and site.
111 C Street
SPECIFIC CONDITIONS
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Building plans shall contain a revised landscape plan
which shall indicate the following to the satisfaction
of the Community Development Department prior to permit
issuance:
A tree of a minimum 10 ft. trunk height located
along the east elevation of the building south of
the stairway.
A planter area along the northeast portion of the
building with plantings, including one additional
tree of a minimum 10 ft. trunk height, to be
reviewed by staff for consistency with height
constraints from approved signage.
Density of bougainvillea shrubs at the top of the
embankment shall be doubled to ensure adequate
coverage.
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Sidewalks shall be installed to City standards along the
easterly boundary of the site unless the project, based
upon building permit valuation under Section 23.36.050A,
is exempt from the requirement to install public
improvements. If exempt, staff shall report to the
Community Advisory Board the justification for such
exemption.
Ail repair operations shall be conducted indoors and all
aspects of the approved use shall comply with the
Performance Standards of the Municipal Code, including
noise regulations.
A 6 ft. enclosure of a solid wood or block construction
shall be placed around the trash enclosure in accordance
with the Encinitas Municipal Code, to be verified by the
Community Development Department prior to final approval.
mn/04/CRO9-691wp5 5(2-4-91/10)
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Ail building elevations shall be painted in accordance
with the approved colored elevations, to be verified and
found satisfactory by the Community Development
Department prior to commencement of the use permitted
hereunder.
A landscaped island with irrigation facilities shall be
substituted in the location of parking space "11" on the
approved site plan, to be incorporated in the building
plans and found satisfactory by the Community Development
Department prior to permit issuance.
Building plans shall indicate 2 awnings over the windows
on each side of the doorway within the east elevation,
and one awning over the easterly window in the north
elevation, to be reviewed for consistency with building
colors and found satisfactory by the Community
Development Department prior to permit issuance.
The project landscape plan shall indicate installation
of a drought tolerant groundcover to ultimately supplant
the existing ice plant within the easterly
embankment/parkway area, to be found satisfactory by the
Community Development Department prior to permit
issuance.
Dead or missing ice plant groundcover shall be
replaced/restored within the easterly parkway area to the
satisfaction of the Community Development Department
prior to final approval.
Project landscape plan shall indicate either (1)
preservation of the existing mature Eucalyptus tree (if
possible) in the east parkway area and incorporation of
3 additional Melaleuca street trees of a minimum 15
gallon size, or (2) incorporation of 4 Melaleuca street
trees of a minimum 15 gallon size in the east parkway
area, to be reviewed and found satisfactory by the
Community Development Department prior to permit
issuance.
Ail required plantings and irrigation systems shall be
in place prior to use or occupancy of new buildings or
structures. All required plantings and irrigation
systems shall be maintained in good growing and operating
conditions, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with
applicable landscaping, buffering, irrigation and
screening requirements. All landscaping and irrigation
systems shall be maintained weed free and otherwise in
a manner that will not depreciate adjacent property
values and otherwise adversely affect adjacent
properties.
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II. STANDARD CONDITIONS
1. ~ENEI~L CONDITIONS
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This approval will expire in two years, on January
10, 1993, at 5:00 p.m. 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
agency within 15 calendar days from the date of this
approval.
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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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In the event that any of the conditions of this
permit are not satisfied, the Planning and Community
Development 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.
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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 similar 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.
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 unless
specifically waived here.
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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 unless specifically waived here.
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Permits from other agencies will be required as
follows: Coastal Commission
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Project is approved as submitted/modified as
evidenced by the plot plan dated received by the
City of Encinitas on December 5, 1990 and signed by
a City Official as approved by the Planning
Commission on January 10, 1991 and shall not be
altered without Planning and Community Development
Department review and approval.
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The applicant shall execute and record a covenant
to the satisfaction of the Community Development
Department setting forth the terms and conditions
of this approval prior to permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
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. Arrangements to pay these fees
shall be made prior to Building permit issuance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
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Prior to permit issuance, the applicant shall submit
a letter from the Fire District stating that all
development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction
of the District.
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Address numbers shall be clearly visible from the
street fronting the structure. Where structures are
located off a roadway on long driveways, a monument
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UTILiTiES
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shall be placed at the entrance where the driveway
intersects the main roadway. Permanent address
numbers shall be displayed on this monument.
Submit a letter from the Fire District stating
satisfaction with the type and location of fire
hydrants and the minimum water flow in gallons per
minute together with a letter to the appropriate
agency certifying that the fire department's minimum
required water flow is available to serve the
project. Provisions shall be made to ensure a
maximum water pressure at the hydrant of 250 psi.
The installation of a pressure reducing station may
be required. Fire hydrants shall be of a bronze
type and shall be identified by installing a "blue"
reflective dot on the street surface pursuant to
Fire District Standards. "Upgrade existing F.H. to
commercial type".
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and other
applicable authorities.
Any new construction and restrooms must comply with
disabled access requirements.
Two exits will be required from the second floor.
mn/04/CRO9-691wp5 9(2-4-91/10)