2001-33
RESOLUTION NO. PC 2001-33
A RESOLUTION OF THE CITY OF ENCINIT AS PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT MODIFICATION, DESIGN REVIEW
PERMIT, AND COASTAL D EVELO PMENT PERMIT FOR THE PHASED
CONSTRUCTION OF AN APPROXIMA TEL Y 22,000 SQ. PRIVATE
SECONDARY SCHOOL FACILITY TO SERVE A MAXIMUM OF 150
STUDENTS, ALONG WITH RELATED SITE IMPROVEMENTS INCLUDING
PARKING, LANDSCAPING, AND SIGNAGE, FOR THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF TENNIS CLUB DRIVE AND
EL CAMINO REAL
(CASE NO. 01-016 MUPMOD/DR/CDPIEIA; APN: 262-160-17)
WHEREAS, a request for consideration of a Major Use Permit Modification (to
modify previous Case # 98-236 MUP/DRlCDPIEIA- AMDAL Residential Care), Design
Review Permit, Coastal Development Permit, and Environmental Initial Assessment was
filed by The Grauer Foundation to allow the phased construction of a new approx. 22,000
sq. ft. private school facility on a 4.8 acre site to serve a maximum of 150 students, along
with related site improvements including landscaping, parking, and signage, and including
transfer of a Section 4( d) Permit for the previous "interim take" of approximately 2.84 acres
of Diegan Coastal Sage Scrub authorized with the above-referenced prior approval, all in
accordance with Chapters 30.74,23.08, and 30.80 of the Encinitas Municipal Code, for the
property located in the R3 Zone at the southwest corner of Tennis Club Drive and EI
Camino Real, legally described as:
The Easterly 498.00 ft. of the following described Land: The Northeast Quarter
of the Northeast Quarter of the Southeast Quarter; and the North Quarter of the
Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section
23, Township 13 South, Range 4 West, San Bernardino Base and Meridian; and
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on May 17, 2001, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1.
The May 17, 200 I agenda report to the Planning Commission with
attachment~
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;
CDItc/01016MUPMOD.res (5/4/01)
5.
Project drawings consisting of 23 sheets, including an overall site plan,
architectural site plan - Phase 1, architectural site plan - Phase 2,
architectural site plan - Phase 3, architectural floor plan - Phase 2,
architectural elevations - Phase 2 (two sheets), architectural floor plan -
Phase 1, architectural elevations - Phase 1, architectural site plan - Phase 2
(depicting a cross section of the site/project), architectural elevations- Phase
3, a site lighting plan consisting of two sheets, and a landscape and irrigation
plan consisting of 9 sheets, along with a monument sign detail on one 8 W'
x 11" sheet, all dated received by the City of Encinitas on March 9,2001, as
well as the colored elevations and color and material sample board reviewed
by the Planning Commission at the public hearing; and
WHEREAS, the Planning Commission made the following findings pursuant to
Chapters 30.74, 23.08, and 30.80, of the EncinitasMunicipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Encinitas hereby approves application 01-016 MUPMOD/DRlCDPÆIA subject to
the following conditions:
(SEE ATTACHMENT liB ")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, has reviewed the Environmental Initial Study prepared for the project and has
determined that with incorporation of the mitigation measures contained therein and made
conditions of approval for the application, all project impacts will be reduced to levels of
insignificance and the Mitigated Negative Declaration is hereby adopted in accordance with
the provisions of the California Environmental Quality Act (CEQA).
CD/tc/01016MUPMOD.res (5/4/01)
PASSED AND ADOPTED this 17th day of May, 2001, by the following vote, to
wit:
AYES:
Commissioners Birnbaum, Crosthwaite, Jacobson, Patton
NAYS:
None
ABSENT:
Commissioner Bagg
ABSTAIN:
None
QL~
Adam Birnbaum, Chair of the
Encinitas Planning Commission
ATTEST:
12tl u_1-ed ~ ~ ~
Sandra Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time
limits for legal challenges.
GOIfe/01 016MUPMOO. res (5/4/01)
ATTACHMENT "A"
Resolution No. PC 2001-33
Case No. 01-016 MUPMOD/DR/CDPIEIA
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 subject property is 4.8 gross acres in area, and is located in the R-3 zone
at the southwest corner of Tennis Club Drive and EI Camino Real. The proposed
project consists of a Major Use Permit Modification, Design Review Permit,
Coastal Development Permit, and Environmental Initial Assessment for the
proposed phased construction of a new approx. 22,000 sq. ft. private school facility,
serving up to 150 6th through 12th grade students, along with related site
improvements including parking, landscaping, and signage. The application
includes transfer of a previously-approved Section 4( d) Permit for the impacts to
approximately 2.84 acres ofDiegan Coastal Sage Scrub, which has been cleared and
mitigated for pursuant to previous approvals. The application is processed in
accordance with Chapters 30.74, 23.08, and 30.80 of the Encinitas Municipal Code.
All public services and utilities are in place to serve the project.
Discussion: With regard to the suitability of the site for the type and intensity of
use proposed, the information contained in the public record suggests that this use
would be compatible with surrounding uses. In terms of surrounding uses, to the
north (across Tennis Club Drive) there is an assisted care facility (Somerford Place);
to the south, across an easement drive, there is a preschool and, further south, an
apartment complex. To the east, across EI Camino Real, is the recently completed
Sage Canyon residential subdivision. To the immediate west of the subject property
CD/tcl01 0 16MUPMOD. res (514/01)
is a vacant site, for which the City presently has an application in as a potential site
for an art institute, and further to th~ west and northwest are a private tennis club
facility and single-family homes. The buildings associated with the school are not
out of character with such uses. The first phase of the school involves placement of
temporary relocatable classrooms in the southerly portion of the site, which are 12
ft. in height and will be well buffered visually from EI Camino Real and
surrounding properties through the use of landscaping. The buildings associated
with the second and third phases of the school are 12,000 and 10,000 sq. ft.
respectively, and are of a design in keeping with scale and character of other
buildings in the area. The proposed buildings are of a one-story building design and
are 12,000sq. ft. and 10,000 sq. ft. in area. The buildings are arranged with
classrooms, labs, and offices, and other related areas flanking a central "great room"
on both sides. The height of the structure over the classrooms, offices, etc. is 19 ft.,
with a raised central portion of the structure (above the great room) extending to 27
ft. A chimney on the front of this raised portion is 29 ft. in height, consistent in
scale with other development in the area, both residential and institutional.
The project is conditioned to require monitoring of student loading/unloading
operations to insure that vehicle stacking does not occur out onto Tennis Club
Drive, so as to not interfere with traffic on that road. The project provides adequate
parking to serve the use, such that there will not be a need for cars to park outside of
the site. The school is not in operation during evening hours, and lighting will be
used to a minimum for security at night, such that light and noise impacts to any
residential uses in the area would be minimal. A dense landscape buffer surrounds
the proposed development, which further serves to minimize visual impacts to
surrounding areas.
Therefore, the type and intensity of use proposed would be compatible with the site
and with surrounding development.
All public services and utilities are in place to serve the proposed development.
An Environmental Initial Study (EIS) was performed in conjunction this project,
which determined that with incorporation of the mitigation measures set forth in
Specific Condition SCB of this resolution, the project will not result in any
significant adverse environmental impacts. Project design conserves 1.54 acres of
sensitive habitat area in the rear (westerly) portion of the site in the form of a
biological open space easement, as well as a 60 ft. wide corridor along Tennis Club
Drive. Preservation of these areas was required to provide connectivity between
expansive areas of habitat in the Lux canyon area and areas of CSS habitat east of EI
Camino Real across from the site, connecting to the Tchang mitigation bank area.
Pursuant to mitigation measures associated with previous Case #98-236 (AMDAL)
5.68 acres of CSS habitat was purchased by the applicant from the Tchang
mitigation bank
CD/tc/01016MUPMOD.res
(5/4/01)
Conclusion: The Planning Commission dete~ines that the subject property is
suitable for the type and intensity of use proposed, that adequate public services and
utilities are in place to serve the project subject to the conditions of this approval,
and that the project will not result in any harmful effects to the environment.
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 subject property is located in the R-3 zone. Chapter 30.09 of the
Municipal Code provides that a private school facility may be permitted in the R-3
zone upon issuance of a Major Use Permit. Applicable General Plan policies
include Land Use Element Policy 6.1 and Resource Management Element 10.5
discussed below.
Discussion: The project complies with all of the technical development standards
for the R-3 zone set forth in Chapter 30.16. of the Municipal Code, including
setbacks, lot coverage, and building height. The project also provides the parking
required (57 spaces) pursuant to the parking standards set forth in Chapter 30.54 of
the Municipal Code. Approval of the Major Use Permit, Design Review Permit,
and Coastal Permit based upon the findings set forth in this resolution will thus
satisfy the requirements of the Municipal Code. The purpose of the use permit
process is to insure compatibility of a proposed use with the site and surrounding
areas, which this project accomplishes for the reasons discussed under Finding #1
above.
With respect to General Plan goals and policies, Policy 6.1 states "Permit
commercial land uses and other types of non-residential development only in those
areas where such development presently is concentrated or where indicated by the
General Plan, as long as such development does not result in land use conflicts with
surrounding residential development." The areas fronting EI Camino Real in the
vicinity include a variety of use types; single-family residential, multifamily
residential, churches, preschool, residential assisted care, and others. As discussed
under Finding #1 above, the proposed facility is compatible in terms of intensity of
use and in terms of the visual/land use considerations, because it is comprised
ultimately of two one-story buildings of an architectural style compatible with other
residential and non-residential buildings in the area (including the approved care
facility immediately to the north across Tennis Club Drive).
Policy 10.5 of the Resource Management Element of the General Plan calls for the
City to apply standards to development designed on Coastal Sage Scrub
environmentally sensitive habitat lands to conserve as much of the resource as is
CDItc/01016MUPMOD.res (514/01)
feasible, and to mInImIZe fragmentation/maximize connectivity of contiguous
habit~t corridors. As is discussed in further detail in the Biolqgical Survey Report
and Determination of Consistency with NCCP Conservation Guidelines - AMDAL
Residential Care Project" prepared by DUDEK and Associates dated February 8,
1999, the project accomplishes these objectives. The project conserves 1.54 acres
of disturbed Coastal Sage Scrub and .29 acres of Southern Maritime Chaparral on-
site in a biological open space easement. In order to preserve connectivity between
significant areas of similar vegetation to the west within the Lux canyon area and
areas to the east, including vegetation surrounding the Sage Canyon project
previously constructed and the mitigation bank immediately to the east of that
property, a habitat corridor has been designed along Tennis Club Drive. In
conjunction with a similar setback required for the Sommerford Place facility to the
immediate north of this site, an approx. 150- ft. wide corridor will be preserved.
Conclusion: The Planning Commission determines that the project is consistent
with the Municipal Code and General Plan.
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 subject property is 4.8 gross acres in area, and is located in the R-3 zone
at the southwest corner of Tennis Club Drive and EI Camino Real. The proposed
project consists of a Major Use Permit Modification, Design Review Permit,
Coastal Development Permit, and Environmental Initial Assessment for the
proposed phased construction of a new approx. 22,000 sq. ft. private school facility,
serving up to 150 6th through 12th grade students, along with related site
improvements including parking, landscaping, and signage. The application
includes transfer of a previously-approved Section 4( d) Permit for the impacts to
approximately 2.84 acres of Diegan Coastal Sage Scrub, which has been cleared and
mitigated for pursuant to previous approvals. The application is processed in
accordance with Chapters 30.74, 23.08, and 30.80 of the EncinitasMunicipal Cod
Discussion: The project is consistent with the Municipal Code and General Plan for
the reasons discussed under Use Permit Findings #2 and #3 above.
Conclusion: The Planning Commission determines that the proposed project is
consistent with the Municipal Code and General Plan.
CDItc/01O16MUPMOD.res (514/01)
b.
The project design is substantially inconsistent with the Design Review Guidelines.
. .
Facts: The proposed private school facility is subject to design review in
accordance with the provisions of Chapter 23.08 of the Municipal Code. The City's
Design Review Guidelines, adopted by reference in Section 23.08.072 of the
Municipal Code, contain guidelines as to site, building, landscape, and sign design,
which are applicable to this project.
Discussion: In terms of site design, the project has been laid out in accordance with
its function as a private school, comprised ultimately of two one-story buildings,
and outdoor recreation area, parking and drop-off areas, landscaping, and signage.
The main entrances are pronounced and apparent from most locations; the
permanent buildings feature arched entryways and courtyards in the center of the
buildings, with a trellis-covered walkway running along the front of the buildings.
Pedestrian and vehicular movements are largely separated. No significant views
through the site are present which would be impeded by the project, and, in terms of
views to the site, the buildings are well set back from EI Camino Real and Tennis
Club Dr. and buffered by a dense landscape treatment in front (east) of the school
and extensive natural vegetation around the rear and side portions of the property.
Grading changes to existing landforms are limited to those previously approved
under Case # 98-236, including the creation of 2: 1 landscaped slopes and low (2 ft.)
keystone retaining walls to create the level pad area and parking level for the
campus, which runs from approximately 8 ft. above EI Camino Real at its north end
to approximately 12 ft. at its south end. A significant amount of the rear portion of
the lot is to remain undisturbed, as will be a 60-ft. corridor along the northerly
boundary of the site.
In terms of building design, the permanent buildings are of a matching one-story
design (although the Phase 3 bldg. will be approx. 20 ft. less in depth than the Phase
2 building). The buildings are arranged with classrooms, labs, offices, and other
related areas flanking a central "great room" on both sides. The height of the
structure over the classrooms, offices, etc. is 19 ft., with a raised central portion of
the structure (above the great room) extending to 27 ft. A chimney on the front of
this raised portion is 29 ft. in height. Such building scale is consistent and
compatible with surrounding development, which is comprised of a mixture of one-
story and two-story residential and institutional uses. Main pedestrian access into
the building is through arched entryways into a recessed courtyard area in then into
the central "great room". There are also separate exterior entries into many rooms
around the perimeter of the building. The buildings feature a sand-finished stucco
exterior and utilize a natural palette of colors. The buildings are of a tan color with
a medium-brown wainscot utilized around much of the perimeter of the buildings,
separated by a teal green reveal which is also used for widow frames and other
accents. The large main entry doors are of a stained redwood color. Rooftiles are
of a flat concrete shingle type and are a darker brown. A natural brown stone
ledgework veneer is applied to the vertical chimney elements of both buildings, to
CDltcl01016MUPMOD.res
(5/4/01)
the column supports of the trellis-covered arcade in front of the buildings, and as
wainscot elements on portions of the front of the buildings. The architectural theme
is carried out consistently among all elevations and variation in exterior colors and
materials have been used with constraint. Rooflines, horizontal, and vertical planes
of the building are all sufficiently varied to create visual interest, and the buildings
reflect a high level of design overall.
In terms of landscaping, plant materials have been selected which are predominantly
of a drought tolerant variety, and which will provide a dense landscaping buffer
around the perimeter of the project. The quantity and placement of the materials
selected will create a sense of continuity throughout the site. Trees are of a
minimum 15-gallon size and most shrubs are predominantly of a 5-gallon size such
that a mature appearance should be achieved within 3 years time, as called for in the
design review guidelines.
In terms of sign design, project signage is limited to a two-sided monument sign
near the northeasterly corner of the site. The sign is 5 ft. high and 8 ft. wide, and is
constructed of a sandblasted redwood sign panel mounted on a 20-inch high stone
base. While signs of this type (monument signs) are not otherwise allowed in
residential zones, Section 30.54.060(1) of the Municipal Code allows projects
subject to the use permit process to propose signage which varies from the
residential zone limitations subject to Planning Commission approval. In this
instance, the monument sign proposed displays its message clearly, is in scale with
the project and is not incompatible with surrounding development, and is
constructed of durable materials, as called for in the design review guidelines. The
Planning Commission thus determines that the sign is appropriate for this project.
Conclusion: The Planning Commission determines that the project is in substantial
conformance with the design criteria set forth in Chapter 23.08 of the Municipal
Code.
c.
The project would adversely affect the health, safety, or general welfare of the
community.
Facts: An Environmental Initial Study (EIS) was performed in conjunction this
project, which determined that with incorporation of the mitigation measures set
forth in Specific Condition SCB of this resolution, the project will not result in any
significant adverse environmental impacts. Project design conserves 1.54 acres of
sensitive habitat area in the rear (westerly) portion of the site in the form of a
biological open space easement, as well as a 60 ft. wide corridor along Tennis Club
Drive. Preservation of these areas was required to provide connectivity between
expansive areas of habitat in the Lux canyon area and areas ofCSS habitat east ofEI
Camino Real across from the site, connecting to the Tchang mitigation bank area.
Pursuant to mitigation measures associated with previous Case #98-236 (AMDAL)
CDltcl01016MUPMOD.res
(514/01)
5.68 acres of CSS habitat was purchased by the applicant from the Tchang
mitigation bank
Discussion: Subject to the mitigation measures incorporated with the project as set
forth in Specific Condition SCB of this resolution, the Environmental Initial
Assessment prepared in conjunction with the project determined that it will not
result in any significant adverse environmental impacts. All public services and
utilities are in place to serve the project.
Conclusion: The Planning Commission determines that the proposed project will
not adversely affect the health, safety, or general welfare of the community.
d.
The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Discussion: No evidence has been presented to indicate that the project would in
any way materially depreciate the surrounding neighborhood in appearance or
value. The type and intensity of the use and scale of the project are compatible with
surrounding uses for the reasons discussed further under the "Findings for a Use
Permit" above.
Conclusion: The Planning Commission determines that the project will not cause
the surrounding neighborhood to depreciate materially in appearance or value.
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.
COltc/O 1 0 16MUPMOO. res
(514/01)
Facts: The subject property is 4.8 gross acres in area, and is located in the R-3 zone
C1;t the southwest corner of Tennis Club Drive and EI Ca¡p.ino Real. The proposed
project consists of a Major Use Permit Modification, Design Review Permit,
Coastal Development Permit, and Environmental Initial Assessment for the
proposed phased construction of a new approx. 22,000 sq. ft. private school facility,
serving up to 150 6th through 12th grade students, along with related site
improvements including parking, landscaping, and signage. The application
includes transfer of a previously-approved Section 4(d) Permit for the impacts to
approximately 2.84 acres of Diegan Coastal Sage Scrub, which has been cleared and
mitigated for pursuant to previous approvals. The application is processed in
accordance with Chapters 30.74, 23.08, and 30.80 of the EncinitasMunicipal Code.
All public services and utilities are in place to serve the project.
Discussion: The City's certified Local Coastal Program is comprised of the
Municipal Code (including Chapters 30.74 - Use Permits, Chapter 23.08 - Design
Review, and Chapter 30.80 - Coastal Development Permits) and significant portions
of the City's General Plan. For the reasons also cited under Finding #'s 2 and 3 for
a Major Use Permit above, this project is in conformance with the General Plan,
specifically including Land Use Element Policy 6.1 and Resource Management
Policy 10.5. With respect to the applicable provisions of the Municipal Code, the
proposed use is allowed in the R-3 zone upon issuance of a major use permit
pursuant to Chapter 30.09 of the Municipal Code, and the project complies with all
of the technical development standards of the R-3 zone set forth in Chapter 30.16 of
the Municipal Code. The Environmental Initial Assessment prepared in conjunction
with the application determined that with incorporation of the mitigation measures
set forth Specific Condition SCB of this resolution, the project will not result in any
significant adverse environmental impacts. Finding #3 is not applicable given the
project's inland location.
Conclusion: The Planning Commission determines (1) that the proposed project is
consistent with the certified Local Coastal Program of the City of Encinitas, (2) that
it conforms with Public Resources Code Section 21000 and following (CEQA) in
that subject to the mitigation measures incorporated with the project as set forth in
Specific Condition SCB of this resolution, the Environmental Initial Assessment
prepared in conjunction with the project determined that the project will not result in
any significant adverse environmental impacts and, therefore, no evaluation of
feasible alternatives is necessary, and (3) that Finding #3 is not applicable given the
project's inland location.
CDltcl01016MUPMOD.res (5/4/01)
ATTACHMENT "B"
Resolution No. PC 2001-33
Case No. 01-016 MUPMOD/CDPIEIA
Applicant:
Location:
SCI
The Grauer Foundation
Southwest corner of Tennis Club Dr. and EI Camino Real
SPECIFIC CONDITIONS:
SC2
SC5
This approval will expire on May 17, 2003 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.
This project is conditionally approved as set forth on the project drawings consisting
of 23 sheets, including an overall site plan, architectural site plan - Phase 1,
architectural site plan - Phase 2, architectural site plan - Phase 3, architectural floor
plan - Phase 2, architectural elevations - Phase 2 (two sheets), architectural floor
plan - Phase 1, architectural elevations - Phase 1, architectural site plan - Phase 2
(depicting a cross section of the site/project), architectural elevations - Phase 3, a
site lighting plan consisting of two sheets, and a landscape and irrigation plan
consisting of 9 sheets, along with a monument sign detail on one 8 Yz" x 11" sheet,
all dated received by the City of Encinitas on March 9,2001, as well as the colored
elevations and color and material sample board reviewed by the Planning
Commission at the public hearing, all designated as approved by the Planning
Commission on May 17, 2001, and shall not be altered without express
authorization by the Community Development Department.
SCA Prior to issuance of any building permits for this project, the developer shall provide
evidence satisfactory to the Community Development Department and Engineering
Services Department that permanent, legal access rights to Tennis Club Drive have
been obtained for this site. The applicant shall relinquish all its on-site rights to the
existing 20-ft. private road easement along the northern boundary of the site to EI
Camino Real, set forth in the document recorded as File # 74-000038 of Official
Records in the Office of the San Diego County Recorder.
SCB
A Mitigation Monitoring and Reporting Program (MMRP) has been established as
set forth in Attachment "c" to Resolution PC 2000-30 and as modified in the
"Environmental Initial Study for [the] Grauer School" prepared by DUDEK and
Associates dated March, 2001. 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. The
Mitigation Measures required in conjunction with the project are as follows:
COltc/O 1 016MUPMOO. res (514/01)
A. Biology: Those measures include the acquisition of 5.68 acres of Diegan
Coastal Sage Scrub off-sit~ or equivalent credits (which have already been acquireq
by the applicant), preservation of 1.54 acres of disturbed Coastal Sage Scrub and .29
acres of Southern Maritime Chaparral on-site through dedication of a biological
open space easement, and revegetationof.32 acres on-site.
B.
Noise: Building plans shall include a certification by the project architect to
verify that the interior DNL noise levels will not exceed 45 dB. The facility
will require air conditioning and/or mechanical ventilation, and sound-rated
windows.
c.
Paleontolof!ial Resources: Central underlying geologic formations were
identified through the City as part of the environmental assessment done for
the General Plan. According to the geologic mapping, Eocene marine
sedimentary rocks were identified as underlying the project site.
Paleontological resources (mammal and mollusk fossil groups) have been
found within the Eocene rock formations (CDMG, 1975). To insure that
paleontological resources are not impacted by the proposed grading, the
following monitoring and salvage program shall be implemented:
COltc/O 1 016MUPMOO. res
1.
Evaluation: The applicant shall retain a qualified paleontologist,
acceptable to the Community Development Department, to provide a
letter report evaluating the likelihood of impacts to paleontological
resources as a result of project design. The report will identify
guidelines for monitoring. The qualified paleontologist is defined as
an individual with a M.S. or Ph.D. in paleontology or geology and
who is familiar with paleontological procedures and techniques.
2.
Monitoring: A qualified paleontologist monitor or designate will
observe the original cutting of any previously undisturbed deposits
to inspect exposures for contained fossils. Grading operations within
previously disturbed areas shall not require paleontological
monitoring.
3.
Salvage: If fossil materials are found during excavation, the
designated monitor is authorized to temporarily direct, divert, or halt
grading to allow for the recovery of fossil remains in a timely
manner. All fossil remains collected will be cleaned, repaired,
sorted, and cataloged. Prepared fossils, along with copies of all
pertinent field notes, photos, and maps, shall be deposited in a
scientific institution with permanent paleontological collections such
as the San Diego Natural History Museum. Donation of the fossils
will be accompanied by financial support for the initial storage of the
specimen(s).
(5/4/01)
SCC
The 60-ft. wide vegetation corridor along the northerly boundary of the property
shall be included within the biological open space easement. The only improvement
allowed in that corridor shall be the access drive to Tennis Club Drive and
associated grading/drainage improvements, at the minimum width required by the
City, entry gate posts, and the project monument sign (which is within the corridor
but not in an area of sensitive vegetation).
SCD The applicant shall monitor student loading/unloading operations during peak hours
to insure that traffic continues to move into and out of the site without backing out
and impeding traffic on Tennis Club Drive. Parents and student shall be instructed
to utilize the turn-around provided to the south of the school complex, and not to use
the driveway into the school or its parking lot area to turn around. In addition, to
further prevent queing onto Tennis Club Drive, the starting times for middle school
and high school students shall be staggered by a minimum 15 minutes.
SCE
The application states that the temporary, relocatable classroom trailers are
anticipated to be on site no longer that 5 years. The temporary classrooms shall be
removed by 5 years from the date of this approval unless the applicant submits for,
and receives Planning Commission approval of, an extension.
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Student enrollment shall be limited to a maximum of 90 students in Phase 1, and 150
students in Phases 2 and 3.
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
SCG Within 30 days of occupancy of any buildings associated with Phase 2 or Phase 3,
the applicant shall provide an evaluation from a qualified traffic engineer
assessing left turn movements from Tennis Club Drive onto EI Camino Real. The
City may require the applicant to install such measures as medians, striping, or
signage to restrict such movements. If demonstrated by the traffic engineer that
an LOS better that level E is maintained during times other than peak times, the
applicant may have the option to post the intersection "right turn out only" during
certain peak hours, if found satisfactory by the Engineering Services Department.
SCH In order to reduce potential storm water pollution, and in conformance with
SDWQCB Temporary Permit Order 2001-01, storm runoff shall be directed into a
natural bio-filtration system such as a grass-lined treatment/detention basin prior
to discharging into storm drain pipes, streets, or a natural drainage course. The
treatment facility shall be sized to have adequate storage capacity to detain the
storm run off generated by a 0.6" precipitation for a minimum of twenty-four
hours, or any other approved method outlined in the SDWQRB Permit. The
filtration system shall be designed based on acceptable best management practice
and shall be approved by the Director of Engineering Services. A covenant shall
be recorded on the subject property to assure proper maintenance of the storm
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water treatment basin. An I.O.D. from public storm drain easement shall be
offered to the City. The I.O.D. shall cover all stofII.1 water treatment facilities and
additional areas needed for maintenance and access.
Based on Regional Water Quality Control Board Permit #2001-01, structural
treatment facilities shall be constructed for any project with a 5,000-sq. ft. or
larger parking lot area. The proposed grassy swale indicated on the proposed site
plan shall provide adequate room for installation of a storm water treatment basin
to the satisfaction of the Engineering Services Department.
The developer shall obtain the Director of Engineering Service's approval of the
project improvement plans and enter into a secured agreement with the City for
completion of said improvements prior to issuance of any building permit within
this project. The improvements shall be constructed and accepted for maintenance
by the City Council prior to occupancy of any structure within the project. The
improvements are: Curb, gutter, sidewalk, and AC pavement along the frontage of
EI Camino Real. The structural section of the required pavement along EI Camino
Real shall conform to City of Encinitas standards based on R-value tests, with a TI
of 12. Curb face to be 53 feet from Centerline of EI Camino Real. Tennis Club
Drive to be improved as needed for all weather access to the satisfaction of the
Engineering Services Department.
CONTACT THE ENCINIT AS FIRE DEPARTMENT
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
REGARDING
SCK The project shall comply with the following requirements for buildings adjacent to
willdland areas:
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1. Exterior wall surfacing materials shall be non-combustible materials.
2. Glazing materials shall be tempered glass or multi-layered glass panels.
3. Roof covering shall not be less than a class "A" roof assembly.
4. Ventilation in exterior walls, attics, and eaves shall meet Encinitas Fire
Department standards.
5. Projections such as balconies, carports, decks, patio covers, etc. shall meet
Encinitas Fire Department requirements. When such appendages and
projections are attached to the exterior fire resistive walls, they shall be
constructed to maintain the fire resistive integrity of the wall.
All proposed landscape materials shall be approved by the Encinitas Fire
Department. Trees and shrubs shall not be thick or "ladder" from brush to building.
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STANDARD CONDITIONS:
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CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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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.
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.
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.
Prior to issuing a final inspection on framing, the applicant shall provide a survey
from a licensed surveyor or a registered civil engineer verifying that the building
height is in compliance with the approved plans.
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. The applicant shall review the design of the trash enclosure with the
service provider and receive approval prior to building permit issuance.
All retaining and other freestanding walls, fences, and enclosures shall be
architecturally designed in a manner similar to, and consistent with, the primary
structures (e.g. stucco-coated masonry block, split-face block or slump stone).
These items shall be approved by the Community Development Department prior to
the issuance of building and/or grading permits.
All roof-mounted equipment and appurtenances, including air conditioners and
associated ductwork 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 to be compatible with the primary
building's exterior to the satisfaction of the Community Development Department.
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Prior to any use of the project site or business activity being commenced thereon, all
conditions of approyal contained herein shall be completed or secured t9 the
satisfaction of the Community Development Department.
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.
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.
In accordance with the provisions of the Off-Street Parking Design Manual, all
parking spaces (except handicapped spaces) shall be delineated by double-line
striping consisting of 4-inch wide painted white lines I to 2 feet apart, and all
parking areas with more than one row of parking spaces shall have directional signs
or painted directional arrows where one way travel is necessary to guide traffic, all
of which shall be indicated in building plans and found satisfactory by the
Community Development Department prior to final approval of the project's
building permit. Adjacent to the sides of the parking lot landscape islands, stalls
shall be provided with a 12" wide concrete strip adjacent to the island's curb.
The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient
Landscape Program), which requires a landscape and irrigation plan to be prepared
by a State licensed landscape designer. The requirements for the plans are listed in
Chapter 23.26. The landscape and irrigation plans must be submitted as part of the
building permit application for the project.
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).
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Signs are approved as submitted and as shown in the approved project plans. Any
alteration/addition to the approveq signs not exempted in Municipal Code Chapter
30.60 may require a permit amendment, and the applicant should contact the
Community Development Department prior to undertaking any such modification.
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At all times during the effective period of this permit, the responsible party 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
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.
Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that which is specifically described in this permit.
Any future modifications to the approved project will be reviewed relative to the
findings for substantial conformance with a use permit contained in Section
30.74.105 of the Municipal Code. Modifications beyond the scope described
therein will require submittal and approval of an amendment to the use permit by
the authorized agency.
All project grading shall conform with that shown on the approved project plans. If
no grading is proposed on the approved plans, or subsequent grading plans are
inconsistent with the grading shown on the approved plans, a use permit
modification for such grading shall be obtained from the authorized agency of the
City prior to issuance of grading or building permits.
BUILDING CONDITION:
CONTACT THE ENCINIT AS BUILDING DIVISION
COMPLIANCE WITH THE FOLLOWING CONDITION:
B2
REGARDING
The applicant shall submit a complete set of constructirn 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(s), 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
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prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitt~d plans may be required.
FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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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.
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GATES: All automatic gates across fire access roadways shall be equipped with a
Fire Department approved emergency key operated switch that will override all
command functions and open the gate. Gates accessing four (4) or more
residential lots shall also be equipped with emergency traffic control activating
strobe sensor(s) which will activate and open the gate upon the approach of
emergency apparatus. All automatic gates shall be tested by the Fire Department
prior to their being left in the closed position. Plans for all gates shall be
submitted to the Fire Department for approval prior to installation.
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 of the Fire Department.
POSTING OF ROADWAYS: Emergency access roadways when required shall be
properly identified as per Fire Department standards.
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.
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 fire hydrants for approaching fire apparatus.
FUEL MODIFICATION ZONES: The applicant shall provide and maintain
fire/fuel breaks to the satisfaction of the Encinitas Fire Department.
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A~DRESS NUMBERS: Address numbers shall be placeq 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.
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.
AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fire sprinkler system installed to the satisfaction of the Fire Department.
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.
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Grading Conditions
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The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
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.
No grading shall occur outside the limits of the project unless a letter of permission
is obtained from the owners of the affected properties.
All newly created slopes within this project shall be no steeper than 2: 1.
A soils/geological/hydraulicreport (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/At first submittal of
a grading plan, as applicable.
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In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit
shall be issued (or work occurring between October 1 st of any year and .April15th
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.
Drainaee Conditions
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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/detentionbasins 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.
A drainage system capable of handling and disposing of all surface water
originating within the subdivision, and all surface waters that may flow onto the
subdivision from adjacent lands, shall be required. Said drainage system shall
include any easements and structures as required by the Engineering Services
Director to properly handle the drainage.
The developer shall pay the current local drainage area fee prior to approval of the
final map 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.
Concentrated flows across driveways and/or sidewalks shall not be permitted.
Street Conditions
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A registered Civil Engineer or a licensed land surveyor shall provide a signed
statement that:
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"The existing private roads of access to the project are within the easements for the
benefit of the project".
Reciprocal access and/or maintenance agreements shall be provided ensuring access
to all parcels over private roads, drives or parking areas and maintenance thereof to
the satisfaction of the Engineering Services Director.
Prior to any work being performed in the public right-of-way, a right-of-way
construction permit shall be obtained from the Engineering Services Director and
appropriate fees paid, in addition to any other permits required.
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.
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 Bell,
and other applicable authorities.
All proposed utilities within the project shall be installed underground including
existing utilities unless exempt by the Municipal Code.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
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