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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: mn/04/CRO9-691wp5 1(2-4-91/10) (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 mn/04/CRO9-691wp5 2(2-4-91/10) 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: mn/04/CRO9-691wp5 3(2-4-91/10) 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 ae 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. Bo 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) Ee Fe Ge He Je 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. mn/04/CRO9-691wp5 6(2-4-91/10) II. STANDARD CONDITIONS 1. ~ENEI~L CONDITIONS ae 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. Be This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Ce 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. De 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. Ee 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. Fo 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. Ge 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. mn/04/CRO9-691wp5 7(2-4-91/10) 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 unless specifically waived here. Jo Permits from other agencies will be required as follows: Coastal Commission Ke 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. ne 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 ae 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. Bo Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument mn/04/CRO9-691wp5 8(2-4-91/10) Ce UTILiTiES ae Be BUILDIN~ 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)