2004-11
RESOLUTION NO. PC 2004-11
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT REQUEST TO RENOVATE AN EXISTING 5,378 SQ. FT., ONE STORY
BUILDING AND ADD A 1,247 SQ. FT. FIRST FLOOR AND 870 SQ. FT. SECOND
FLOOR BUILDING ADDITION TO BE USED FOR FUTURE OFFICE AND
COMMERCIAL USE, FOR THE PROPERTY LOCATED AT 1130 2ND STREET
(CASE NO. 03-159 DRlCDP; APN: 258-294-11)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Don Grover for the renovation of an existing 5,378 sq. ft., one
story building and the addition of a 1,247 sq. ft. first floor and a 870 sq. ft. second floor building
addition to be used for future office and commercial use in accordance with the D-CM-2
(Commercial Mixed-Second Street) zone of the Downtown Encinitas Specific Plan and Chapters
23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal
Code, for the property located at 1130 2nd Street, legally described as:
PARCEL 2 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN
ON A PARCEL MAP FILED IN THE BOOK OF PARCEL MAPS ON PAGE 912 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JUNE 25. 1972.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on March 18, 2004, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. . The March 18, 2004 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, Downtown Encinitas
Specific Plan and associated Land Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of 5 sheets including, Site Plan/First Floor and Second
Floor (Sheet A), North, East, and West Elevations and Roof Plan (Sheet B),
Grading Plan (1 Sheet), Planting Plan (L-l), and Irrigation Plan (L-2), stamped
received by the City of Encinitas on February 6, 2004; and
WHEREAS, the Planning Commission made the following findings pursuant to
Chapters 23.08 and 30.80 of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application No. 03-159 DR/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds this project to be exempt from enviromnental review pursuant to Section
15301(e)(1) of the California Enviromnental Quality Act Guidelines (CEQA), which exempts
additions to existing structures provided that the addition will not result in an increase of more
than 50 percent of the floor area of the structure before the addition, or 2,500 square feet,
whichever is less.
PASSED AND ADOPTED this 18th day of March 2004, by the following vote, to wit:
AYES : Avis, Bagg, Chapo, McCabe, Snow
NAYS: None
ABSENT: None
ABSTAIN: None
Gene hapo, air of the
Encinitas Planning Commission
ATTEST:
.".-- -J -::ilL W~<- ./",_ ~
Patrick Murphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2004-11
Case No. 03-159 DRlCDP
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 applicant proposes to renovate an existing 5,378 sq. ft., one story building and
add a 1,247 sq. ft. first floor and a 870 sq. ft. second floor building addition to be used for
fulure office and commercial use. The subject property is located in the D-CM-2 zone of
the Downtown Encinitas Specific Plan and within the Coastal Zone.
Discussion: With the approval of the Design Review request, the proposed building
remodel and building addition will comply with all applicable development standards,
including setbacks, height, floor area ratio and lot coverage, for the subject D-CM-2 zone
as set forth in the Downtown Encinitas Specific Plan, and will be consistent with the
certified Local Coastal Program, which incorporates portions of the General Plan and
Municipal Code.
Conclusion: The Planning Commission finds that the project design is consistent with
the General Plan and the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The applicant proposes to renovate an existing 5,378 sq. ft., one story building and
add a 1,247 sq. ft. first floor and a 870 sq. ft. second floor building addition to be used for
future office and commercial use. The subject property is located in the D-CM-2 zone of
the Downtown Encinitas Specific Plan and within the Coastal Zone. Requests for a
design review permit are processed in accordance with Chapter 23.08 (Design Review) of
the Municipal Code. An application for a design review permit shall be approved unless
findings of fact are made based upon the information presented in the application or
during the deliberations which support one or more of the regulatory conclusions
contained in Section 23.08.072 (et seq.) of the Municipal Code.
Discussion: The existing building will be stucco (desert blush) finish with blue color
canvas awnings, and will blend in with the surrounding commercial buildings. The
exterior doors will be painted to match the window tan color trims. A portion of the
building addition will take a more residential appearance with shingled (redwood) siding
and a sloping asphalt shingle (charcoal) roof. This building section will also have
decorative spice-colored metal railings and a stone veneer base on the east and north
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elevations. The exterior doors will be painted to match the window spice color trims.
The site will consist of approximately 19% landscaping. The perimeter (spice color) wall
with metal rails on the west property line will be planted with vines. The parking lot will
be fully landscaped with shrubs, ground covers, and accent trees along the north property
line. The entry to the new building addition will be planted with a variety of ground
covers, queen palms and tropical shrubs. A beige color pattern concrete walkway will be
located at the entrance of the building.
Conclusion: The Planning Commission finds that the project design is consistent with the
Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The applicant proposes to renovate an existing 5,378 sq. ft., one story building and
add a 1,247 sq. ft. first floor and a 870 sq. ft. second floor building addition to be used for
future office and commercial use. The subject property is located in the D-CM-2 zone of
the Downtown Encinitas Specific Plan and within the Coastal Zone. The proposed
project has been determined to be exempt from enviromnental review pursuant to Section
15301(e)(1) of the CEQA Guidelines, which exempts additions to existing structures
provided that the addition will not result in an increase of more than 50 percent of the
floor area of the structure before the addition, or 2,500 square feet, whichever is less.
Discussion: No aspect of the project has been identified that would adversely affect the
community in terms of health, safety or general welfare. All necessary services and
utilities are in place to accommodate the proposed development. No detrimental effects
on the enviromnent are anticipated and the project has been determined to be exempt
from enviromnental review.
Conclusion: The Planning Commission finds that the project would not adversely affect
the health, safety, or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially III
appearance or value.
Facts: The applicant proposes to renovate an existing 5,378 sq. ft., one story building and
add a 1,247 sq. ft. first floor and a 870 sq. ft. second floor building addition to be used for
future office and commercial use. The subject property is located in the D-CM-2 zone of
the Downtown Encinitas Specific Plan and within the Coastal Zone.
Discussion: The proposed additions and remodeling are of a quality design consistent with
the City's adopted design criteria and will comply with all applicable development standards
of the subject D-CM-2 zone of the Downtown Encinitas Specific Plan. The proposed
project has been determined to be exempt from enviromnental review pursuant to Section
15301(e)(1) of the CEQA Guidelines.
Conclusion: The Planning Commission finds that the proposed project would not cause the
surrounding neighborhood to depreciate materially in appearance or value.
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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:
I. 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 enviromnent; 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: The applicant proposes to renovate an existing 5,378 sq. ft., one story building and
add a 1,247 sq. ft. first floor and a 870 sq. ft. second floor building addition to be used for
future office and commercial use. The subject property is located in the D-CM-2 zone of
the Downtown Encinitas Specific Plan and within the Coastal Zone.
Discussion: Related to finding No. I, with the approval of the request for a Design
Review Permit, the proposed project will comply with all applicable Sections of the
City's Municipal Code, Downtown Encinitas Specific Plan, certified Local Coastal
Program, and General Plan. Related to finding No.2, no adverse impacts to the
enviromnent are associated with the project and the project has been determined not to be
subject to environmental review pursuant to Section 15301(e)(1) of the CEQA
Guidelines. Finding No.3 is inapplicable since the project is not located between the sea
or other body of water and the first public road.
Conclusion: The Planning Commission finds that I) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) no potentially significant
adverse impacts to the enviromnent will result and the project has been determined not to
be subject to enviromnental review pursuant to Section 15301(e)(1) of the CEQA
Guidelines, and 3) finding No.3 is inapplicable since the project does not lie between the
sea or other body of water and the first public road.
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ATTACHMENT "B"
Resolution No. PC 2004-11
Case No. 03-159 DRlCDP
CONDITIONS OF APPROVAL
Project No.
Applicant:
Subject:
03-159 DR/CDP
Don Grover
An application for a Design Review Permit and Coastal Development Permit request
to renovate an existing 5,378 sq. ft., one story building and add a ],247 sq. ft. first
floor and a 870 sq. ft. second floor building addition to be used for future office and
commercial use. The subject property is located in the D-CM-2 zone of the
Downtown Encinitas Specific Plan and within the Coastal Zone.
SCl SPECIFIC CONDITIONS:
SC2 This approval will expire on March] 8,2006 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
consisting of 5 sheets including, Site Plan/First Floor and Second Floor (Sheet A), North,
East, and West Elevations and Roof Plan (Sheet B), Grading Plan (1 Sheet), Planting
Plan (L-]), and Irrigation Plan (L-2), stamped received by the City of Encinitas on
February 6, 2004; Color and Material Boards stamped received by the City of Encinitas
on September 2, 2003; all designated as approved by the Planning Commission on March
18, 2004, and shall not be altered without express authorization by the Planning and
Building Department.
SCA The landscape plans shall be revised to include a detail to Illsure that all trees are
provided with a deep root barrier.
SCB Fire Department connection and shut-off for fire sprinkler system to be located within 20
feet maximum of the fire hydrant on the south side of the driveway.
SCC The building may require more exits including from the 2nd story, depending on tenant
improvements.
SCD The parking spaces on the street shall not be marked.
SCE The applicant is proposing a fossil filter for the catch basin located in the parking area.
This fossil filter is a part of the project Best Management Practice measures and shall not
be modified without a permit from the City. The owner is responsible for the
maintenance of the project BMP's as necessary into perpetuity to ensure their adequacy.
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SCF The developer will be required to show all eXlstmg and proposed water facilities on
improvement or grading plans for San Dieguito Water District approval.
SCG The developer shall install the water system according to San Dieguito Water District
standards, and dedicate to the District the portion of the water system which is to be
public.
SCH The developer is required to comply with the San Dieguito Water District's fees, charges,
rules and regulations, including installation of any required on-site and off-site facilities.
SCI The San Dieguito Water District will require that water meters be located in front of the
parcel they are serving and outside of any existing or proposed travel way. Cost of
relocation is the responsibility of the developer.
SCJ A backflow preventer device must be installed to the satisfaction of the San Dieguito Water
District and certified by the applicant prior to final inspection.
SCK Due to the longstanding contribution that the Post Office made to the City, the existing
Post Office dedication plaque shall remain on the building in a location visible to the
public. Exact location shall be approved by the Planning and Building Department.
SCL The applicant has agreed to the following clarifications/modifications to the drawings
approved for this project.
I. Top rail of all metal railings to be 2\02" diameter pipe rail with vertical supports to also
be 2 \02" diameter. The lower rail and all other vertical piping to be I \02" diameter.
2. Trash enclosure structure roofwill be painted Vista Paint "Spice Variety".
3. New parapet/cornice at northeast corner of existing structure will be returned back onto
roof3' -4'.
4. The two 2 X 6 members shown on detail 1, sheet B will be increased in size to two 2\1,"
X 7\02".
5. The locations oftypes of exterior light fixtures will match exterior elevations rather than
location notes on detail photos.
6. Street numbers will be 8" in height rather than the 6" shown.
7. New addition -All windows will be aluminum with tan finish. All Doors will be wood
or wood french doors painted with Vista Paint "Spice Variety".
8. Storefront windows and doors to be aluminum with tan finish.
9. Stone wall veneer starts below grade and stops 36" +/- above finish floor.
10. At new 2-story shingled building, all wood fascias, trim, and door and window trim to
be painted Vista Paint "Spice Variety".
II. Heavy butted asphalt shingles will be used.
12. Front patio paving to be random size slate.
SCM The applicant and project architect will work with City staff (Planning, Engineering, Fire,
etc.) and affected utilities to minimize negative visual impacts of required valves,
backflow devices, pad-mounted transformers, and other such pieces of equipment while
maintaining the functional integrity of the equipment through careful consideration of
location, screening, etc.
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STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING 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.
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 Planning and
Building 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.
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 Final Map approval or building permit issuance, as applicable, to the
satisfaction of the Planning and Building and Engineering Services Departments. The
applicant is advised to contact the Planning and Building 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.
Ll 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.
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).
L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code
and the City's Offstreet Parking and Design Manual incorporated by reference therein.
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L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area
between the front property line and the street) shall be permanently maintained by the
owner, assigns or any successors in interest in the property. The maintenance program
shall include normal care and irrigation of the landscaping; repair and replacement of
plant materials and irrigation systems as necessary; and general cleanup of the landscaped
and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain
landscaping and the site in general may result in the setting of a public hearing to revoke
or modify the approval. This condition shall be recorded with the covenant required by
this Resolution.
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.
DRZ 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 Planning & Building 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.
BI BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
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
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 prior to permit issuance and additional technical code
requirements may be identified and changes to the originally submitted plans may be
required.
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EI 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.
ED] Drainal!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.
ED3 A drainage system capable of handling and disposing of all surface water originating
within the project site, and all surface waters that may flow onto the project site from
adjacent lands, shall be required. Said drainage system shall include any easements and
structures required by the Engineering Services Director to properly handle the drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance 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.
ES] Street Conditions
ES5 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.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner 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.
EUI Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
EU4A The existing overhead utilities service to the property shall be undergrounded.
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ESWl Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall 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 shall be located to allow
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 Grading Plan/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.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Fire
Department standards.
Fll FIRE HYDRANTS AND 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. Commercial fire hydrants shall have
two (2) 4" outlets and one (I) 2 \1," outlet. Residential fire hydrants shall have one (I) 4"
outlet and one (I) 2 \1," outlet. A two-sided blue reflective road marker shall be installed
on the road surface to indicate the location of the fire hydrant(s) for approaching fire
apparatus.
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.
F]5 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fire sprinkler system designed and installed to the satisfaction of the Fire
Department.
FI8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
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