1998-77
RESOLUTION NO. PC 98-77
A RESOLUTION OF THE CITY OF ENCINITAS
PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT,
A DESIGN REVIEW PERMIT, AND A COASTAL
DEVELOPMENT PERMIT FOR THE
CONSTRUCTION OF A 4,400 SQUARE FOOT
CHURCH FACILITY FOR A MAXIMUM OF 200 INDIVIDUALS
FOR PROPERTY LOCATED AT 1821 SO. EL CAMINO REAL
(Case No. 98-264 MUP/DRlCDP; APN: 262-062-16)
WHEREAS, a request for consideration of a Major Use Permit, a Design Review Permit,
and a Coastal Development Permit was filed by Jehovah's Witnesses I Neil Immegart to allow for
the construction of a 4,400 square foot Church facility for a maximum of 200 individuals in
accordance with Chapters 30.74,23.08, and 30.80 of the Encinitas Municipal Code, for property
located in the Residential-3 (R-3) Zoning District, and legally described as:
THE PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF DESCRIBED IN DOCUMENT # 1994-0479077 RECORDED IN THE
OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1994; and
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on November 30, 1998; at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The November 30, 1998 agenda report to the Planning Commission with exhibits;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project plans consisting of four sheets dated received by the City of Encinitas on
November 18, 1998, including: (1) Site Plan Major Use Permit and Design Review;
(2) Landscape Master Plan; (3) Elevations; and (4) Floor Plan. Also included in
the application submittal and reviewed by the Commission were four sheets
including: (1) a Colored Elevation Drawing, (2) a Slope Analysis, (3) a Monument
Sign Elevation Drawing, and (4) a Monument Sign Site Plan; and a mounted color
and exterior materials board; and
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WHEREAS, the Planning Commission made the following findings pursuant to Chapters
30.74,23.08, and 30.80 of the Encinitas Municipal Code:
(SEE A TT ACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 98-264 MUP/DR/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project will not have a significant adverse effect on the environment and
adopts a Mitigated Negative Declaration pursuant to California Environmental Quality Act
(CEQA) Guidelines.
PASSED AND ADOPTED this 30th day of November 1998, by the following vote, to
wit:
AYES: Grossman, Patton, Bagg, Jacobson
NAYS: None
ABSENT: Wells
ABSTAIN: None
Alice Jacobson, Chair
Encinitas Planning Co
ATTEST:
~\A u)~J~~ Þ-
Sandra L. Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
cd/cro/f:98264pcl(II-30-98)
ATTACHMENT "A"
Resolution No. PC 98-77
Case No. 98-264 MUP/DR/CDP
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the
proposed project;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources
of the city;
Facts: The application is a request for Major Use Permit approval to allow for the
construction and operation of a 4,400 square foot Church facility for a maximum of 200
individuals on a 1.37 acre portion of a 5.45 acre parcel of land located within the
Residential-3 (R-3) Zoning District.
Discussion: All required public facilities and utilities are available to, or can be extended
to, the site in conjunction with the development of the property. All roadway
improvements, water and sewer service can be provided to the proposed development. No
evidence has been submitted to indicate that the construction and operation of the Church
facility would cause any adverse effects or would be detrimental to any adjacent uses,
residences, or other neighborhood resources. The intended use of the property is compatible
with adjacent uses in the neighborhood such as the Mira Costa Community College, the
Greek Orthodox Church, the Temple SoleI, the EI Camino Lutheran Church, and
Presbyterian Church uses on Manchester Avenue and EI Camino Real. Drainage facilities
will be required to be incorporated into the project's design to ensure that lagoon water
quality will not be impacted by the proposed project. In the hardscape areas,
oil/water/sediment separators will be constructed to ensure that urban pollutants during
"first - f1 ush" storm runoffs are trapped. The City's Environmental Consultant for the proj ect
is recommending the adoption of a Mitigated Negative Declaration for the application
request. The mitigation measures included in the Mitigation Monitoring and Reporting
Program will reduce environmental impacts related to biological resources, visual
cd/cro/f:98264pc 1 (11-30-98)
resources, geotechnics, hydrology, and traffic circulation and parking to a level below
significance. Biological impacts are mitigated by the on-site preservation of approximately
three acres of existing habitat within an open space easement and off-site acquisition of
CSS and SMC habitat at a 2: 1 ratio. Due to the limited size of the church facility, its
location on a Prime Arterial roadway, the set hours of services to be conducted, the fact that
outdoor recreational uses normally associated with daycare facilities or preschools will not
be conducted, and the limitation of the structure's capacity to 200 individuals, conditions
requiring limitations on the hours of operation of the facility are unnecessary.
Conclusion: Therefore, the Planning Commission finds that adequate public facilities,
services and utilities are available to the site and that the intensity of the use is found to be
compatible with existing development on adjacent properties within the neighborhood. The
project will pose no harmful effect upon environmental quality and natural resources of the
City which can not be adequately mitigated to a level below significance.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The Residential-3 Zoning District allows for the Church facility with an approved
Major Use Permit. Approximately 1.37 acres of the 5.45 acre property is proposed to be
developed with the Church facility and associated parking and landscaping improvements.
Discussion: No evidence has been submitted to indicate that the use would adversely affect
the policies of the Encinitas General Plan or the provisions of the Municipal Code and, with
the issuance of the Major Use Permit, the use complies with all other regulations, conditions
or policies imposed by the Municipal Code. The intended use of the property is compatible
with adjacent uses in the neighborhood and along Manchester Avenue and EI Camino Real
such as the Mira Costa Community College, the Greek Orthodox Church, the Presbyterian
Church, the Temple SoleI, the EI Camino Lutheran Church, a children's day care facility,
and the recently approved congregate care facility on EI Camino Real at Tennis Club Drive.
Consistent with Municipal Code Section 30.34.030, the property is located within the City's
Hillside Inland Bluff Overlay Zone due to the existing steep slopes on the site.
Approximately 2.8 acres of the property (56%) has slopes in excess of25% grade. Grading
would impact 1.7 acres of the 5 acre site, which includes 0.53 acre (18.8%) of slopes of
25% grade or greater. The Hillside Inland Bluff Overlay Zone standards typically limit
impacts to steep slopes to 10%. However, encroachments up to 20% into the steep slope
areas are permitted through the Design Review process to allow for a minimum
development right on the parcel (M.c. Sec. 30.34.030.B2c). These standards allow for
private access roads to be deducted from steep slope impacts when no other options are
available to access the more developable portions of the site. Approximately 0.36 acres of
the steep slope area is impacted by the access road. To address "minimum development
rights" only minor modifications to the banks of the Lux Canyon drainage channel will
result from the roadway improvements and impacts to the primary drainage channel will be
cd/cro/f:98264pc 1 (11-30-98)
avoided by the project's design. In addition, a minimum 75-foot fuel modification zone
from the proposed structure is required by the Fire Department which will result in impacts
to native vegetation not controlled by the developer. The amount of native vegetation to be
impacted has been minimized to the greatest extent possible by incorporating the parking
areas and the cut-slope behind the Church structure within the 75-foot fuel modification
zone. Due to these environmental constraints, no feasible alternative of siting or design
would substantially reduce or eliminate encroachments into steep slopes. The proposed
building is 4,400 square feet in size which is considered a relatively small structure for its
intended use.
The proposed structure is located approximately 220 feet from the Lux Canyon drainage
channel wetlands/riparian habitat. The lower parking area is located approximately 30 to 40
feet from this resource and approximately 10 to 14 feet higher in elevation. Consistent with
General Plan Land Use Element Policy 8.7 and Resource Management Element Policy
10.6, a minimum 50-foot buffer from riparian resources is required unless it can be
demonstrated that a lesser buffer will protect the resource. The EIA considers the lesser
buffer as the environmentally preferred alternative since the parking area in this location
reduces impacts to Coastal sage scrub (CSS) habitat and steep slopes that would result from
locating the parking facilities to the east of the structure. This is due to the fact that the
habitat value of the Lux Canyon drainage area is low due to its disturbed nature and the
habitat value of the CSS is considered high. The project's design avoids any impacts to
jurisdictional wetlands within the drainage channel and a condition requires all hardscaped
areas to have oil/sediment/water separators to ensure that urban pollutants during "first
flush" storm run-off do not impact water quality within the Lux Canyon drainage channel
and the San Elijo Lagoon to the south.
Conclusion: Therefore, the Planning Commission finds that the approval of the Major Use
Permit will not adversely affect the policies of the Encinitas General Plan or the provisions
of the Municipal Code; and that the Major Use Permit approval complies with all other
regulations, conditions or policies imposed by the Municipal Code.
cd/cro/f:98264pcl (11-30-98)
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an
application for a design review permit must be granted unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions
of the Municipal Code.
Facts: The application is a request for Major Use Permit approval to allow for the
construction and operation of a 4,400 square foot Church facility for a maximum of 200
individuals on a 1.37 acre portion of a 5.45 acre parcel of land located within the
Residential-3 (R-3) Zoning District. The R-3 Zoning District allows for the Church use
with an approved Major Use Permit.
Discussion: No evidence has been submitted to indicate that the use would adversely affect
the policies of the Encinitas General Plan or the provisions of the Municipal Code and, with
the issuance of the Major Use Permit, the use complies with all other regulations, conditions
or policies imposed by the Municipal Code. The intended use of the property is compatible
with adjacent uses in the neighborhood such as the Mira Costa Community College, the
Greek Orthodox Church, and Presbyterian Church uses on Manchester Avenue and EI
Camino Real. The project's design was based upon the identified environmental constraints
on the property including steep topography (2.81 acres), Coastal sage scrub (2.75 acres) and
Southern Maritime Chaparral (1.45 acres) habitat areas, and disturbed wetlands/riparian
habitat within the Lux Canyon drainage channel. In order to reduce impacts to these
resources to the maximum extent possible and still be allowed minimal development rights
on the property, the project was located near the southern property line adjacent to existing
development. Approximately three acres of the five acre site (60%) will be retained in open
space to conserve steep slopes, sensitive vegetation, and the Lux Canyon drainage channel.
The lower parking area is located approximately 30 to 40 feet from this resource and
approximately 10 to 14 feet higher in elevation. Consistent with General Plan Land Use
Element Policy 8.7 and Resource Management Element Policy 10.6, a minimum 50-foot
buffer from riparian resources is required unless it can be demonstrated that a lesser buffer
will protect the resource. The EIA considers the lesser buffer as the environmentally
preferred alternative since the parking area in this location reduces impacts to Coastal sage
scrub (CSS) habitat and steep slopes that would result from locating the parking facilities to
the east of the structure. This is due to the fact that the habitat value of the Lux Canyon
drainage area is low due to its disturbed nature and the habitat value of the CSS is
considered high. The project's design avoids any impacts to jurisdictional wetlands within
the drainage channel. As discussed above, hardscape areas will be required to have
oil/water/sediment separators to ensure that urban pollutants during "first-flusH' storm
runoffs are trapped.
cd/cro/f:98264pc 1 (11-30-98)
Conclusion: Therefore, the Planning Commission finds that the proposed project will not
adversely affect the policies of the Encinitas General Plan or the provisions of the
Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The City's Design Review Guidelines relate to Site Design, Building Design,
Landscape Design, Sign Design and Privacy and Security. The project proposes to
construct a Church facility and associated landscaping and parking improvements.
Discussion: All aspects of Site Design, Landscape Design and Privacy and Security will be
compatible with the design elements and architectural style of the proposed Church facility,
landscaping and parking area improvements on the site. The single story building design
utilizes light tan (Birch White) stucco-coated exterior walls accented with a stone veneer
base. Doors are proposed to be painted a copper brown color. Roofing material will be a
flat concrete tile, brown-blend in color.
Conclusion: The proposed design of the Church facility will be consistent and compatible
with other structures and uses in the neighborhood. Therefore, the Planning Commission
finds that the project design is consistent with the intent of the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare ofthe community.
Facts: The project design is consistent with the Municipal Code standards and
development requirements for the R-3 Zoning District as reviewed under the Major Use
Permit request.
Discussion: No evidence has been submitted to indicate that the project design would
adversely affect the health, safety, or general welfare of the community. An Environmental
Initial Assessment (EIA) has been prepared by the City's Environmental Consultant for the
project, Mooney & Associates. The City's Environmental Consultant for the project is
recommending adoption of a Mitigated Negative Declaration for the application request.
The mitigation measures included in the Mitigation Monitoring and Reporting Program will
reduce environmental impacts related to traffic circulation, sensitive vegetation impacts,
visual resource impacts, and geotechnic and hydrological constraints to a level below
significance.
Conclusion: Therefore, the Commission finds that the project design will not adversely
affect the health, safety or general welfare of the City or the New Encinitas Community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The applicant requests approval of a Major Use Permit, a Design Review Permit,
and a Coastal Development Permit for the construction of a 4,400 square foot Church
facility for a maximum of 200 individuals. Consistent with Municipal Code Chapter 30.09
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(Zoning Use Matrix), Church facilities are an allowed use within the R-3 Zoning District
with the approval of a Major Use Permit.
Discussion: The project design is compatible with the style and building materials of
existing structures on neighboring property and with the Mira Costa Community College,
the Greek Orthodox Church, and Presbyterian Church uses on Manchester A venue and EI
Camino Real. No evidence has been submitted to indicate that the project would materially
depreciate the appearance or value of the neighborhood.
Conclusion: Therefore, the Commission finds that the project will not adversely depreciate
the appearance or value of the immediate neighborhood or the New Encinitas Community.
cd/cro/f:98264pcl(II-30-98)
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: Related to Finding No.1, the project is in conformance with the provisions of the
Local Coastal Plan which includes the General Plan and appropriate chapters of the
Municipal Code. Related to Finding No.2, an Environmental Initial Assessment (EIA) has
been prepared by the City's Environmental Consultant for the project, Mooney &
Associates. The City's Environmental Consultant is recommending adoption of a Mitigated
Negative Declaration for the application request. Related to Finding No.3, the subject
property is located on the east side of So. EI Camino Real, which is not adjacent to, or near,
the ocean, and no public access to coastal resources is feasible through the site. Therefore,
no condition requiring public access is imposed on the project.
Discussion: The project conforms with the City's certified Local Coastal Program in that it
conforms to General Plan policies and Municipal Code development standards.
Environmental impacts associated with the project's implementation can be mitigated to a
level below significance with adherence to the Mitigation Monitoring and Reporting
Program established by the Environmental Initial Assessment prepared for the application
request. Consistent with Municipal Code Section 30.34.030, the property is located within
the City's Hillside Inland Bluff Overlay Zone due to the existing steep slopes on the site.
Approximately 2.8 acres of the property (56%) has slopes in excess of25% grade. Grading
would impact 1.7 acres of the 5 acre site and 0.53 acre (18.8%) of slopes of 25% grade or
greater. The Hillside Inland Bluff Overlay Zone standards typically limit impacts to steep
slopes to 10%. However, encroachments up to 20% into the steep slope areas are permitted
through the Design Review process to allow for a minimum development right on the
parcel (M.c. Sec. 30.34.030.B2c). These standards allow for private access roads to be
deducted from steep slope impacts when no other options are available to access the more
developable portions of the site. Approximately 0.34 acre of steep slopes are impacted by
the access road. The proposed structure is located approximately 220 feet from the Lux
cd/cro/f:98264pc 1 (11-30-98)
canyon drainage channel wetlands/riparian habitat. The lower parking area is located
approximately 30 to 40 feet from this resource and approximately 10 to 14 feet higher in
elevation. Consistent with General Plan Land Use Element Policy 8.7 and Resource
Management Element Policy 10.6, a minimum 50-foot buffer from riparian resources is
required unless it can be demonstrated that a lesser buffer will protect the resource. The
EIA considers the lesser buffer as the environmentally preferred alternative since the
parking area in this location reduces impacts to Coastal sage scrub (CSS) habitat and steep
slopes that would result from locating the parking facilities to the east of the structure. This
is due to the fact that the habitat value of the Lux Canyon drainage area is low due to its
disturbed nature and the habitat value of the CSS is considered high. The project's design
avoids any impacts to jurisdictional wetlands within the drainage channel and a condition
requires all hardscaped areas to have oil/sediment/water separators to ensure that urban
pollutants during "first flush" storm run-off do not impact water quality within the Lux
Canyon drainage channel and the San Elijo Lagoon to the south.
Conclusion: Therefore, the Planning Commission finds that: (1) the project is consistent
with the City's certified Local Coastal Program, (2) that required finding No.2 is not
applicable since no significant adverse impact is associated with the project, and (3) the
provision of public access or recreational facilities is not feasible or appropriate for this
project.
cd/cro/f:98264pc I (11-30-98)
ATTACHMENT "B"
Resolution No. PC 98-77
Project No.: 98-264 MUP/DR/CDP
Applicant: Jehovah's Witnesses/ Neil Immegart
Location: 1821 So. El Camino Real
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on November 30,2000 at 5:00 pm, two years after the approval
of this project, unless the conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project plans dated
received by the City on November 18, 1998, consisting of four sheets, including: including:
(1) Site Plan - Major Use Permit and Design Review; (2) Landscape Master Plan; (3)
Elevations; and (4) Floor Plan. Also included in the application submittal and reviewed by
the Commission were four sheets including: (1) a Colored Elevation Drawing, (2) a Slope
Analysis, (3) a Monument Sign Elevation Drawing, and (4) a Monument Sign Site Plan;
and a mounted color and exterior materials board. These items shall not be altered without
express authorization by the Community Development Department.
SCA Drainage facilities, constructed to the satisfaction of the City Engineer, shall be
incorporated into the project's design to ensure that water quality within the Lux Canyon
drainage channel will not be impacted by the project. In the hardscape areas,
oil/water/sediment separators shall be constructed to ensure that urban pollutants during
"first-flusH' storm runoffs are trapped. Tree plantings adjacent to the driveway entry to El
Camino Real and along the driveway entry road shall be a minimum of 15-gallon in size.
SCB All structures shall be provided with Class "A" roofing material to the satisfaction of the
City Fire Marshal. Roof tile shall be an integral color concrete. A fire hydrant shall be
located in the landscaped planter area at the northeast entrance to the first parking area.
Exterior wall surfacing shall be of non-combustible material. Glazing materials shall be
tempered glass or multi-layered glass panels. Ventilation in exterior walls and attics shall
meet Encinitas Fire Department requirements. Projections such as balconies, carports,
decks, patio covers, etc. shall meet Encinitas Fire Department requirements. When such
appendages and projections are attached to exterior walls, they shall be constructed to
maintain the fire resistive integrity of the wall.
SCC Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the City Engineer's office and appropriate fees paid, in
addition to any other permits required. The property owner/developer shall dedicate
appropriate frontage along So. El Camino Real based upon a centerline to right-of-way
width of 63 feet in conformance with City of Encinitas Road Standards for a Prime Arterial.
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The developer shall obtain the City Engineer's approval of the project improvement plans
and enter into a secured agreement with the City for completion of said improvements prior
to the issuance of a building permit within the project area. The improvements shall be
constructed and accepted for maintenance by the City Council prior to the occupancy of any
building within the project. The improvements are: Frontage improvements for EI Camino
Real: Install Portland Cement Concrete curb and gutter, sidewalk, and AC paving with the
face of curb 53 feet east of the centerline of So. EI Camino Real. Should the City Council
modify the road standards for EI Camino Real to eliminate the sidewalk along the project's
frontage, the requirement for sidewalk improvements shall be modified accordingly.
SCD The Mitigation Monitoring and Reporting Program (MMRP) established by the
Environmental Initial Assessment for this project shall be implemented during the planning
and construction of the Church facilities. The following mitigation measures are required:
(1) An open space easement shall be recorded over approximately three acres of the
northeastern portion of the property in order to preserve the majority of the Diegan coastal
sage scrub and Southern Maritime Chaparral on the property. The open space easement
shall also preserve the drainage channel of the Lux Canyon and its buffer area. The
recorded document for the open space easement shall preclude any future impacts to native
vegetation and prohibit any future grading, the erection of structures, animal grazing or any
other disturbance within the open space easement. An Irrevocable Offer of Dedication of
the open space easement shall be made to the City of Encinitas to facilitate its transfer to a
maintenance provider to be established by the Multiple Habitat Conservation Program
(MHCP). The applicant shall purchase 2.58 acre credits of Coastal sage scrub (CSS) and
0.14 acre credits of Southern Maritime Chaparral (SMC) within the Manchester Land
Conservation Bank prior to grading permit issuance. (2) All grading of the property within
or adjacent to the CSS habitat shall occur outside of the breeding season for the California
gnatcatcher which is considered to be from February 15 through August 30. (3) Prior to
grading permit and 4( d) Permit issuance, the City shall submit an application for a Habitat
Loss Permit to the wildlife agencies for a 30-day review and comment period. (4) A
project-specific geotechnical investigation shall be performed prior to grading permit
issuance to assess settlement and liquefaction potential for fill areas and adequate erosion
control measures shall be taken during grading to prevent off-site siltation impacts. (5) A
75-foot fuel modification zone shall be implemented from the structure to any native
vegetation areas retained on the property to the satisfaction of the Fire Marshal.
SCE The use of outdoor amplification equipment is prohibited except for speakers which may be
located under the main entry canopy to facilitate those individuals who are outside the
structure who desire to hear the services being conducted inside. If lighting is provided for
the monument sign, the light source shall be ground mounted and shielded so as to be
unobtrusive and to direct the light source away from El Camino Real. The color used for
the individual raised letters on the monument sign shall be painted on the tops, bottoms, and
sides of each letter. Exterior light sources shall be shielded to prevent light glare from
adversely impacting upon adjacent property and the public right-of-way to the satisfaction
of the Community Development Department. The stairs accessing the lower parking area
shall be provided wrought iron railings, painted to match the color of the main structure. All
cd/cro/f:98264pcl(lI-30-98)
block walls shall be of a split-faced block material or other decorative block material to the
satisfaction of the Community Development Director.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G3 A portion of this project is located within the Coastal Appeal Zone and may be appealed to
the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter
30.04 of the City ofEncinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Community Development
Director.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G8 A Mitigation Monitoring and Reporting Program (MMRP) as set forth in the
Environmental Initial Assessment herein referenced, shall be established and funded by the
developer or property owner. The amount of funds necessary to implement the MMRP will
be determined by the Community Development and Engineering Services Departments
prior to issuance of any permits for the project.
G9 Trash enclosure( s) shall be constructed of masonry with an exterior compatible with that of
the building(s), and shall be provided with view-obstructing, solid metal gates as approved
by the authorized agency. Adequate space for recyclable materials shall be provided within
the enclosure in accordance with Municipal Code requirements.
Gll All roof-mounted equipment and appurtenances, including air conditioners and associated
duct work and conduits, shall be architecturally integrated, and shall be shielded from view
and sound buffered to the satisfaction of the Community Development Department.
Ground-mounted mechanical and electrical equipment shall also be screened through use of
a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the
Community Development Department. All exterior accessory structures shall be designed
cd/cro/f:98264pcl(lI-30-98)
to be compatible with the primary building's exterior to the satisfaction of the Community
Development Department.
G13 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 Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and
Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
Development Department regarding Park Mitigation Fees, the Engineering Services
Department regarding Flood Control and Traffic Fees, applicable School District(s)
regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees,
and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees.
G15 Parking lot lights shall have a maximum height of eighteen (18) feet from the finished grade
of the parking surface, and the light source shall be directed away from all property lines,
adjacent streets and residences.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping, buffering,
and screening requirements. All landscaping and irrigation systems shall be maintained in a
manner that will not depreciate adjacent property values and otherwise adversely affect
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
U2 In the event that any of the conditions of this permit are not satisfied, the Community
Development Department shall cause a noticed hearing to be set before the authorized
agency to determine whether the City of Encinitas should revoke this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
HWI Approval of the 4( d) permit in conjunction with this application does not constitute
authorization for the take of habitat at this time. The City has a "first-come, first-served'
policy for interim taking of habitat lands through the 4( d) permitting process, such that the
take will be authorized only at such time that a grading plan is submitted and approved by
the City as being within the cumulative 5% take limitation for habitat lands.
HW6 This project has been identified as having a potential impact on fish and/or wildlife;
therefore, pursuant to Section 711.4 of the State Fish and Game Code, the applicant must
submit to the City of Encinitas a negotiable check in the amount of $1,275.00 if this project
includes a Negative Declaration, or a check in the amount of $875.00 if this project
includes an Environmental Impact Report. The purpose of the above State established fee is
to defray the cost of managing and protecting fish and wildlife resources which may be
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impacted by the development. The check, made payable to the County Clerk of San Diego
County, must be submitted prior to the end of the 4th day following the City's action.
Failure to submit a negotiable check will cause the project approval to become null and void
since the Notice of Determination can not be filed without payment of this fee or authorized
notice of exemption as provided in Section 711.4. NO BUILDING PERMITS OR OTHER
ENTITLEMENTS WILL BE PROCESSED UNTIL THIS CONDITION IS SATISFIED.
BI BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
B2 The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan, section
details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). Commercial and multi-residential construction must also contain details
and notes to show compliance with State disabled accessibility mandates. These comments
are preliminary only. A comprehensive plancheck will be completed prior to permit
issuance and additional technical code requirements may be identified and changes to the
originally submitted plans may be required.
FI FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance
of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence
shall not be less than 16 feet of paved width.
F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the
project 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 a permanent all-weather surface for emergency
vehicles. Said access shall be maintained to the satisfaction ofthe Fire Department.
F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be
properly identified as per Fire Department standards using signage where practical in lieu
of painted red curbs.
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FlO OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24
feet in width during construction and shall be maintained clear and free of obstructions
during construction in accordance with the Uniform Fire Code.
FII FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type,
number, and location satisfactory to the Encinitas Fire Department. A letter from the
water agency serving the area shall be provided that states the required fire flow is
available. Fire hydrants shall be of a bronze type. A two-sided blue reflective road
marker shall be installed on the road surface to indicate the location of the fire hydrant for
approaching fire apparatus.
FI2 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel
breaks to the satisfaction of the Encinitas Fire Department.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The height of the address
numbers shall conform to Fire Department Standards.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed to
this marker.
FI5 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fire sprinkler system installed to the satisfaction of the Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
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EG7 All newly created slopes within this project shall be no steeper than 2: 1.
EG8 A soils/geologicallhydraulicreport (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. Such report shall be submitted
and approved prior to building permit issuance.
EGIO In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall
be issued for work occurring between October 1 st of any year and April 15th of the
following year, unless the plans for such work include details of protective measures,
including desilting basins or other temporary drainage or control measures, or both, as may
be deemed necessary by the field inspector to protect the adjoining public and private
property from damage by erosion, flooding, or the deposition of mud or debris which may
originate from the site or result from such grading operations.
ED2 The developer shall exercise special care during the construction phase of this project to
prevent any offsite siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the Engineering Services Director. The basins and erosion control measures shall be shown
and specified on the grading plan and shall be constructed to the satisfaction of the
Engineering Services Director prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by
additional drainage facilities, slope erosion control measures and other methods required or
approved by the Engineering Services Director. The developer shall maintain the
temporary basins and erosion control measures for a period of time satisfactory to the
Engineering Services Director and shall guarantee their maintenance and satisfactory
performance through cash deposit and bonding in amounts and types suitable to the
Engineering Services Director.
ED4 The proposed project falls within areas indicated as subject to flooding under the National
Flood Insurance Program and is subject to the provisions of that program and City
Ordinance.
ED5 The developer shall pay the current local drainage area fee prior to approval of the building
permit for this project or shall construct drainage systems in conformance with the Master
Drainage Plan and City of Encinitas Standards as required by the Engineering Services
Director.
ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.
ES3 The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site development plan. The offer
shall be made prior to issuance of any building permit for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without cost to
the City. Streets that are already public are not required to be rededicated.
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ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
ES8 The design of all private streets and drainage systems shall be approved by the Engineering
Services Director prior to issuance of any grading or building permit for this project. The
structural section of all private streets shall conform to City of Encinitas Standards based on
R-value tests. The standard improvement plan check deposit is required.
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone,
and other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU5 The developer shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
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