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2002-53 RESOLUTION NO. PC 2002-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A DESIGN REVIEW PERMIT FOR THE CONSTRUCTION OF A 633- SQUARE FOOT OFFICE AND BOARDING SPACE ADDITION TO AN EXISTING 2656 SQUARE FOOT VETERINARY CLINIC WITHIN THE GENERAL COMMERCIAL ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 195 N. EL CAMINO REAL. (CASE NO. 02-113 DR; APN: 257-062-21) WHEREAS, a request for consideration of a Design Review Permit was filed by Don Grover Architect to allow the construction of a 633-square foot office and boarding space addition to an existing 2,656 square foot Veterinary Clinic, in accordance with Chapters 23.08 (Design Review) and 30.20 (Commercial Zones) of the Encinitas Municipal Code, for the property located in the General Commercial (GC) Zoning District of the City ofEncinitas, legally described as: Parcell in the City of Encinitas, County of San Diego, State of California, as shown at Page 1467 of Parcel Maps, filed in the office of the County of San Diego County, April 19, 1973, as file #73- 104343 WHEREAS, the Planning Commission conducted a noticed public hearing on the application on December 19,2002, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The December 19, 2002, agenda report to the Planning Commission with attachments; 2. The General Plan, Municipal Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; s. Project drawings stamped received by the City of Encinitas on October 18, 2002 consisting of 2 sheets titled Site Plan/Floor Plan/Conceptual Landscape Plan and Building Elevations (Front, Rear and Left Side) dated October 18, 2002; WHEREAS, the Planning Commission made the following [IDdings pursuant to Chapter 23.08 (Design Review) of the Encinitas Municipal Code: (SEE ATTACHMENT "A") CD/RS/g:Resolutions/RpcO2113DR NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 02-113 DR subject to the following conditions: (SEE A TT ACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, fmds that this project is not subject to environmental review pursuant to Section 15301 (e) (1) of the California Environmental Quality Act (CEQA) Guidelines since the expansion of the existing structure will not result in an increase of more than SO percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less, all public services and facilities are available to the site, and the project is not located in an environmentally sensitive area. PASSED AND ADOPTED this 19th day of December, 2002, by the following vote, to wit: A YES: Commissioners Bagg, Birnbaum, Chapo, Crosthwaite, and Ehlers NAYS: ABSENT: ABSTAIN: ~ffw;~ yc rosthwaite, Chairperson f the Planning Commission of the City ofEncinitas ATTEST: --~ ~j~ ~ Patrick Murphy, Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. CD/RS/g:Resolutions/RpcO2113DR 2 ATTACHMENT "A" Resolution No. PC 2002-53 Case No. 02-113 DR FINDINGS FOR A DESIGN REVIEW PERMIT STANDARD: Section 23.08.070B of the City of Encinitas Municipal Code states that an application for Design Review Permit shall be approved unless fmdings of fact are made based upon information presented in the application or during the deliberations which support one or more of the regulatory conclusions as follows: 1. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of the Municipal Code. Facts: The applicant requests approval of a Design Review Permit to allow the construction of a 633-square foot office and boarding space addition to an existing 2,656 square foot Veterinary Clinic within the General Commercial Mixed (GC) Zoning District of the City of Encinitas. The subject application was reviewed for conformance with the General Plan; and Chapters 23.08 (Design Review), 30.54 (Off-Street Parking) and 30.20 (Commercial Zones) ofthe Municipal Code. Discussion: A review of the application has been conducted by the Community Development Department and by the Planning Commission. All applicable standards of the Municipal Code and goals of the General Plan have been found to be satisfied by the subject application and project drawings. The proposed Veterinary office use is allowed by right in the General Commercial (GC) zone. Conclusion: Therefore, the Planning Commission determines that the project as proposed is consistent with the Municipal Code and General Plan. 2. The project design is substantially inconsistent with the Design Review Guidelines. Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines with which the authorized agency must find the project substantially consistent in order to grant approval. Discussion: In regard to project design and layout, the proposed project takes into account the constraints and opportunities of the site, minimizes the disturbance of the existing flat topography while providing adequate usable area for the structure, preserves significant public views to the extent possible, and reflects the natural topography of the site. In regard to building design, the proposed project coordinated the elements of exterior building design to match the existing structure. The project's proposed landscaping is consistent with standards for commercial projects and consistent with adjacent, existing commercial properties. CD/RS/g:Resolutions/RpcO2113DR 3 Conclusion: Therefore, the Planning Commission finds that the project as proposed is substantially consistent with the Design Review Guidelines of Chapter 23.08 of the Municipal Code. 3. The project would adversely affect the health, safety, or general welfare of the community. Facts: The project complies with all applicable standards outlined in the Municipal Code. This project has no possibility of resulting in significant adverse environmental impacts and is categorically exempt from environmental review pursuant to Section 15301 (e) (1) of California Environmental Quality Act (CEQA) Guidelines since the expansion to the existing structure will not result in an increase of more than 2,500 square feet, all public services and facilities are available to the site, and the project is nor located in an environmentally sensitive habitat area. Discussion: No evidence of adverse impact or comment was received by the Commission from the properly noticed public hearing for the proposed project. Conclusion: Therefore, the Planning Commission finds that the project would not adversely affect the health, safety, or general welfare of the community. 4. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The project consists of a 2,656 square foot existing structure with associated parking and landscaping areas within the General Commercial (GC) Zoning District of the City of Encinitas. The properties are surrounded by developed commercial uses to the north, west and south. The County of San Diego Sheriff s Department lies to the east of the proposed project. Discussion: The proposed project will develop the site with a 633 square foot addition to an existing 2,656 square foot Veterinary Clinic, in a scale consistent with surrounding development. Because of the commercial/office consistency, the project will not result in adverse effects to surrounding properties. No evidence of adverse impact or comment was received by the Commission from the properly noticed public hearing for the proposed project. Conclusion: Therefore, the Planning Commission finds that the project would not cause the surrounding neighborhood to depreciate materially in appearance or value. CD/RS/g:Resolutions/RpcO2113DR 4 ATTACHMENT "B" CONDITIONS OF APPROVAL Resolution No. PC 2002-53 Case No. 02-113DR Applicant: Don Grover Architect Location: 195 N. El Camino Real SCI SPECIFIC CONDITIONS: SC2 This approval will expire on December 19,2004 at 5:00 p.m. 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 drawings stamped received by the City on October 18, 2002, consisting of 2 sheets including Site Plan/ Floor Plan/Conceptual Landscape Plan, and Building Elevations (Front, Rear, and Left-Side), dated October 18, 2002, as well as color/material board presented at the hearing; all designated as approved by the Planning Commission on December 19, 2002, and shall not be altered without express authorization by the Community Development Department. Gl STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (S): 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. 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. 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. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to building permit issuance. G 1 0 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- CD/RS/g:ResolutionslRpcO2113DR 5 coated masonry, 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. G 12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Community Development Department. G 13 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. DRI Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal and approval of an amendment of the design review permit by the authorized agency. DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Community Development Department prior to the issuance of building permits. DR3 All project grading shall conform with the approved 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 design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. Bl BUILDING CONDITION (S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING CO~PLIANCE WITH THE FOLLOWING CONDITION (S): 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 CD/RS/g:Resolutions/RpcO2113DR 6 plans, floor planes), 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. Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (S): 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 numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT COMPLIANCE WITH THE FOLLOWING CONDITION (S): REGARDING E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EGI Gradine: Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvement, erosion control, storm water pollution control, and on-site pavement. EDI Drainae:e Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. CD/RS/g:Resolutions/RpcO2113DR 7 EUI Utilities Conditions EU2 The owner shaH comply with aH the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. ESWI Storm Water Pollution Control Conditions ESW3 Best Management Practice shaH be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface run off shaH be directed over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. If pipes are used for area drainage, inlets shaH be located to aHow maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined swale in the middle can be used if the site topography does not allow for the discharge of driveway runoff over landscaped areas. The Permit Site Plan shall identify all landscape areas designed for storm water pollution control (SWPC). A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. Special Conditions 1. F or storm water pollution control purposes, the proposed trash enclosure must be covered. 2. This project creates new impervious area and must comply with City of Encinitas Best Management Practice requirements. The project shall include a landscaped storm water cleansing area behind the proposed wheelstops across the southern edge of parking lot. The runoff from new hardsurface areas shall route through the design landscape. CD/RS/g:Resolutions/RpcO2113DR 8