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2006-31 RESOLUTION NO. PC 2006-31 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT, DESIGN REVIEW PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR THE REDEVELOPMENT OF AN EXISTING GASOLINE SERVICE STATION TO A NEW RETAIL AND GASOLINE SERVICE STATION SALES OPERATION AND ASSOCIATED SITE IMPROVEMENTS OVER A 1.3-ACRE PROJECT SITE FOR PROPERTY LOCATED AT 540 LA COSTA AVENUE AND WITHIN THE VSC (VISITOR-SERVING COMMERCIAL) ZONE AND THE APPEAL JURISDICTION OF THE LOCAL COASTAL ZONE (CASE NO. 01-292 MUPIDRlCDP; APN: 216-030-51, -67, -69) WHEREAS, a request for consideration of a Major Use Permit, Design Review, and Coastal Development Permit was filed by ChevronTexaco Products Company for the redevelopment of an existing gasoline service station to a new retail and gasoline service station sales operation consisting of a 2,945 square-foot convenience store and a 3,740 square-foot canopy covering six (6) fueling pumps for a total of 12 fueling stations over a 1.3-acre project site and under the provisions of Chapters 30.74 (Use Permits), 23.08 (Design Review), and 30.80 (Coastal Development Permit) ofthe Encinitas Municipal Code, for the property located within the VSC (Visitor-Serving Commercial) zone and the appeal jurisdiction of the Local Coastal Zone and legally described as: (SEE ATTACHMENT "A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on June 15, 2006, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The June 15,2006 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps as applicable; 3. Oral evidence submitted at the hearing; 4. Written evidence subrnitted at the hearing; 5. Project drawings consisting of 8 sheets and each sheet titled and paginated as Sheet I - Planning Site Plan, Sheet 2 - Planning Floor Plan, Sheet 3 Planning Building Elevations, Sheet 3.1 - Planning Building ElevationslRoof Plan, Sheet 4 - Planning Canopy Plans, Sheet 5 - Site Signage/Striping Plan, Sheet Ll - Conceptual Landscape Plan, and Sheet G 1 - Conceptual Grading Plan - all stamped received by the City of Encinitas on December 15, 2005; Management and Business Plan dated June 7, 2006, and g:\ResolutionslRPCO 1-292MUP /DR/COP -1- WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.74,23.08, and 30.80 ofthe Encinitas Municipal Code: (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 01-292 MUPIDRlCDP subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the Planning Commission has reviewed the Environmental Initial Study prepared for the project and, in its independent judgment, has determined that with incorporation of the mitigation measures contained therein and made conditions of approval for the project development, all potential environmental impacts will be reduced to levels of insignificance, and the Final Mitigated Negative Declaration is hereby adopted in accordance with the provisions ofthe California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 15th dayofJune, 2006, by the following vote, to wit: AYES: Avis, Chapo, Felker, McCabe, Snow NAYS: none ABSENT: none ABSTAIN: none en po, Chair ofthe Planning Commission of the City ofEncinitas ATTEST: 3/( V-u/twP~ Patrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. . g:IResolutionslRPCO 1-292MUP /DR/CDP - 2- ATTACHMENT nAn Resolution No. PC 2006-31 Case No. 01-292 MUPIDRlCDP The following described property is located within the City of Encinitas, County of San Diego, and State of California: All that portion of Lot 1, Map 2063 - Avocado Acres No.3, filed in the Office of County Recorder, County of San Diego, October 3, 1927 and more particularly described within the property grant deeds for Assessor's Parcel Numbers 216-030-51, -67, -69. g:IResolutionslRPCO 1-292MUP /DR/CDP - 3- ATTACHMENT nBn Resolution No. PC 2006-31 Case No. 01-292 MUPIDRlCDP The following facts are presented in support of the required findings, pursuant to Encinitas Municipal Code Sections 30.74.070, 23.08.080, and 30.80.090, for the approval of Case No. 01-292 MUPIDRlCDP. The proposed project entails the redevelopment of an existing gasoline service station to a new retail and gasoline sales operation consisting of a 2,945 square-foot convenience store and a 3,740 square-foot canopy covering six (6) fueling pumps for a total of 12 fueling stations. The subject 1.3-acre project site is zoned Visitor-Serving Commercial (VSC) and is located within the California Coastal Commission's appeal jurisdiction of the City's Local Coastal Program. Based upon the project review, the project is consistent with the applicable provisions of the General Plan. In addition, the project design meets or exceeds the applicable development standards for the VSC zone. The approved project is conditioned to comply with the applicable development requirements and regulations for the City of Encinitas. Specific conditions of approval limiting the hours of operation will cause the use to be more compatible with the surrounding residential land uses and would serve to avoid potential impacts, typically associated with retail activities, during the more sensitive hours of the day for the nearby residences. The Environmental Initial Study (EIS) conducted for the project identified the project's potential for environmental effects to cultural resources, biological resources, visual quality, and noise impacts. In addition, the EIS considered the project's potential for any significant impacts to traffic circulation and the function of the surrounding roadways. The EIS concluded that, with the application of specific mitigations as conditions of any approval of the project; the proposed project would adequately mitigate or avoid the potential environmental effects that were identified and considered. In accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, a Final Mitigated Negative Declaration containing the project's specific mitigation measures has been prepared. All public facilities, utilities, and services necessary to serve the project are in place and the approved project is conditioned to provide the necessary site improvements to comply with the City's adopted development standards and requirements. In addition, the project is conditioned to implement and/or construct the environmental mitigation measures in the same manner as the conditioned development obligations. The project's construction of the site improvements will upgrade the existing property and cause the property to become conforming as pertains to storm water handling and treatment, lighting, signage, roadway access, and fire prevention and fire suppression. The project's architectural design and site design substantially conforms to the applicable design review guidelines. In addition, the project is consistent with the provisions of the Resource Management Element of the General Plan as the project will preserve existing public views through the site to the Batiquitos Lagoon watershed area. g:\ResolutlonslRPCO 1-292MUP/DR/CDP -4 - 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 lirnited to: a. The inadequacy of public facilities, services and utilities to serve the proposed proj ect; 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; 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. Discussion: The project site is served with a sufficient level of public facilities and utilities to support the development. Any deficiencies in available facilities or utilities to the project site will be upgraded or completed as private improvement requirernents for the project. The project's Traffic Impact Analysis (TIA) has concluded that the re-use of the site as a gasoline Service Station with ancillary retail sales would not have any significant impact upon the surrounding roadway segments and intersections. The project TIA data has shown that the project's traffic volume contributions to the surrounding roadways and intersections will not have the effect of reducing the existing roadway lev.els of service or the levels of service that would be realized with the consideration of cumulative projects that may be developed within the foreseeable future. The site and facility upgrades and codes compliance measures resultant from the project would benefit the neighborhood area and the community as pertains to storm water handling and treatment, lighting, driveway access, and the overall property improvements associated with a redeveloped site including a new replacement building and site landscaping irnprovements. The project environmental analysis concluded that with the application of specific rnitigations as conditions of any approval of the project, the proposed project would g:\Resolutions\RPCO 1-292MUP /DR/CDP - 5 - adequately mitigate or avoid the potential environmental effects related to cultural resources, biological resources, visual quality, and noise impacts, lighting and traffic. In accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, a Final Mitigated Negative Declaration containing the project's specific mitigation measures has been prepared and the project is conditioned to implement the environmental mitigations as a requirement of its development. The approved project is conditioned to comply with the applicable development requirements and regulations for the City of Encinitas. Specific conditions of approval lirniting the hours of operation will cause the use to be more compatible with the surrounding residential land uses and would serve to avoid potential irnpacts, typically associated with retail activities, during the more sensitive hours of the day for the nearby residences. Conclusion: The Planning Commission finds that based upon the factual aspects of the project's design, environmental review, and technical analysis, not one of the above findings disallowing the approval of the Use Permit may be determined to apply. g:\ResolutionsIRPCO 1-292MUP/DR/CDP - 6- FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.080 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: I. The proj ect design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. 2. The project design is substantially inconsistent with the Design Review Guidelines. 3. The project would adversely affect the health, safety, or general welfare ofthe community. 4. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Discussion: The project's location within a General Plan designated Scenic View Corridor is respected in the project design. The project reflects a consideration for building location, orientation, height, and mass to preserve the existing scenic public views through the site frorn the La Costa Avenue view perspective. A significant view of the Lagoon estuary through the easterly portion of the site will be maintained and may be enhanced as a result of the proposed project. An appreciable view enhancement may result from the proposed location of the new retail building further north toward the rear of the site and placement of the open-sided canopy structure in front of the retail building. Since the project will maintain a single story profile and a predominate roofline that is consistent with the existing building and canopy heights, the more distant and far-field views of the Lagoon area from La Costa Avenue would be consistent with the exiting views. The project building and site design aligns consistently with the Design Review Guidelines as pertains to these considerations. The overall structural design reflects a low profile and the building and fueling area canopy are respectively setback and open. These aspects of project design are consistent with the necessary considerations for scenic view preservation. The building colors and materials palette consist of earth tones and natural materials and these are both compatible with the low-profile nature of the structural design and with generally low-intensity development character of the surrounding area. In addition, the project landscape design includes a plant palette that is compatible with the architectural theme and respects the scenic view considerations that have been incorporated into the building and overall site design. Conclusion: The Planning Commission finds that based upon the factual aspects of the project's design, not one of the above findings disallowing the approval of the Design Review Permit may be determined to apply. g:lResolutionslRPCO I-292M UP/PRlCDP -7 - FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following fmdings 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. Discussion: Based upon the project's conformance with the applicable goals and policies of the General Plan and the development standards and regulations of the Municipal Code, as implementing measures of the City's certified Local Coastal Program (LCP), the project is thereby consistent with the LCP. The project is subject to certain environmental mitigation measures as contained in the Final Mitigated Negative Declaration (MND) prepared for the project. The project's adherence to the mitigation measures as conditions of the project's developrnent will ensure that certain potential environmental effects related to cultural resource, visual resources, and biological impacts related to lighting are mitigated below a level of significance. The environmental mitigation measures, in addition to other project developrnent restrictions and requirements related to lighting, cultural resource monitoring during construction, preservation of public views through the site as a result of structural design, and storm water treatment will ensure that the project has no significant negative impacts upon the environment. The project site is geographically located between the Batiquitos Lagoon and the first inland public roadway (La Costa Avenue); however the project site provides no feasible access to the Lagoon water body, which is distanced over 900 feet away. Nonetheless, the project will preserve existing public views to the coastal resource through design sensitivity in maintaining views through and across the site. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) the specific mitigation measures contained within the Final MND will ensure that the potential environmental effects identified through the environmental review are mitigated below a level of significance. In addition, the results of the project analysis have shown that the project would have no significant impacts to the existing public views of the Batiquitos Lagoon area; and 3) the project site affords no access to the nearest coastal water resource and proposed development will not impact public access to coastal resources. g:IResolutionslRPCO 1-292MUP/DR/CDP - 8 - ATTACHMENT ncn Resolution No. PC 2006-31 Case No. 01-292 MUPIDRlCDP Applicant: ChevronTexaco Products Company Location: 540 La Costa Avenue (APN 216-030-51, -67, -69) SCl SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, June 15, 2008 at 5:00 p.m., or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good-faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on December 15, 2005, consisting of 8 sheets and each sheet titled and paginated as Sheet 1 - Planning Site Plan, Sheet.2 - Planning Floor Plan, Sheet 3 Planning Building Elevations, Sheet 3.1 - Planning Building ElevationslRoof Plan, Sheet 4 - Planning Canopy Plans, Sheet 5 - Site Signage/Striping Plan, Sheet Ll - Conceptual Landscape Plan, and Sheet G I - Conceptual Grading Plan; and a Management and Business Plan dated June 7, 2006. These materials are indicated as approved by the Planning Commission on Junel5, 2006 and these shall not be altered without expressed authorization by the Planning and Building Department. SCA The proposed detention basin shall be designed in compliance with the City of Encinitas Best Management Practice Manual Part II to allow volume-based treatment for storm water pollution control. SCB The developer shall install a hydrocarbon filter to treat the site's runoff prior to its discharge into the proposed water treatment basin. The hydrocarbon filter system and equipment shall meet the City of Encinitas pollutant removal requirements as described in the City of Encinitas Best Management Practice Manual Part II. SCC Right-of-way dedication along the La Costa Avenue frontage will be required prior to the issuance of grading permit, engineer site plan permit, or building permit; whichever is first. Since the ultimate right-of-way width for La Costa Avenue is 84 feet, the ultimate centerline would be 7 feet northerly of the existing centerline and a property dedication to effect a 49- foot half-width right-of-way section (centerline-to-property line) will be required. SCD The required emergency shut down devices for all fuel pumps shall be located on the front and exterior side of the primary building on the site. g: IResolutionslRPCO 1-292MUPIDR/CDP - 9- SCE All fuel dispensing equipment shall be protected against physical damage from vehicles with their placement on a minimum 6-inch high island/equipment pad and the placement of concrete-filled barrier posts, a minimum of 6-inches in diameter, and subject to the review and approval by the Fire Department. SCF As an alternative to providing minimum fire flow service and the installation of a new fire hydrant at the La Costa A venue street frontage to protect the fuel dispensing area, the developer may propose an alternative fire suppression system, prepared by a qualified fire protection engineer, and submitted to the Encinitas Fire Department for its review and discretionary approval. The convenience store/retail building shall be protected by a sprinkler system approved by the Fire Department. The entire fire protection system for the project shall be approved by the Fire Department prior the issuance of a building permit. SCG In accordance with the provisions of San Dieguito Water District Ordinance No. 94-01, the property owner/developer shall install a landscape irrigation systern with connection/stub- out to an existing/future-planned reclaimed water system. The reclaimed water irrigation system shall be shown on the final landscape plans and shall be physically evident at the tirne of final inspection conducted by the Planning and Building Department staff and/or the San Dieguito Water District staff. SCH Any voice speaker communication devices shall be limited to the minimum requirements for compliance with the American Disabilities Act/California Code of Regulations Title 24, shall not be used for any entertainment purposes, and shall not exceed the noise level limitations specified within Chapter 30.40 of the Municipal Code. At the City's request any time during the operation of the approved development, the permittee shall provide noise level measurements in accordance with the performance standards contained within Chapter 30.40. Noise level measurements shall be conducted by an independent and qualified technician as agreed by the City. The requested noise level readings shall be provided to the Planning and Building Director within 30 days of a written request to the permittee. Any verifiable violations of the City's noise level limitations shall be sufficient cause for the Planning and Building Director to restrict the continued use of voice speaker devices and equipment. Any repeated and verifiable violations of noise level limitations shall be sufficient cause for the Planning and Building Director to refer the matter to a public hearing before the Planning Commission for a consideration of a prohibition of the use of voice speaker devices. SCI The applicant's Management and Business Plan, dated June 7, 2006, submitted in conjunction with the project application Case No. 01-292 MUPIDRlCDP shall be implemented as a binding and enforceable aspect of the approved use permit. Any verifiable violations of the Management and Business Plan shall be sufficient cause for the Planning and Building Director to set the matter before the Planning Commission for a consideration of rnodifications to the conditions of the use permit or a revocation use permit. SCJ The hours of operation are restricted and the use shall not be operated between the hours of 12:00 a.m. and 5:00 a.m. g:\ResolutionsIRPCO 1-292MUP /DR/CDP - 10- SCK The proposed mansard tile roof for the new fueling area canopy shall be removed from the final design of the canopy roof and shall be reflected accordingly on the plans submitted for building permits. Any roof top equipment shall be completely screened from view in accordance with the provisions of Municipal Code Section 30.20.01 O.F.l. SCL The stone veneer detailing on the fueling area canopy support colunms shall be extended to the top of the columns and up to the cornice detailing as shown on the plans approved by the Planning Commission. SCM Custorner access to the restroom facilities shall be from an interior building access way only. SCN The rear (northerly) portion of the site shall be restricted from unauthorized access by means of the wrought iron or tubular steel fencing as indicated on the plans approved by the Planning Commission. SCO If the existing fence along the westerly side of the project site is an on-site fence, then the fence shall be replaced and plumbed in a "like-new" condition. SCP The south elevation of the retail building shall be limited to one (1) wall sign. SCQ All wall signs for the project, including the retail store and the fueling canopy, shall be lirnited to a back-lit "halo" type of illumination. ENVIRONMENTAL MITIGATION MEASURES SCR The applicant shall provide a full-time archaeological monitoring program during removal of all existing landscape and hardscape, including the initial stages of site grading or excavation as per the following requirements: a. Prior to the issuance of a building and/or grading permit, the applicant shall provide a letter of verification to the Planning and Building Department stating that a qualified archaeologist and/or archaeological monitor, as defined in the City's guidelines, have been retained to implement the monitoring program. The requirement for archaeological monitoring shall be noted on the grading plans under the heading "Environmental Requirements". All persons involved in the archaeological monitoring of this project shall be approved by the Planning and Building Department prior to the first pre-construction meeting. The applicant shall notify the Planning and Building Department of the start and end of construction. b. The qualified archaeologist shall attend any pre-construction meetings to make comrnents and/or suggestions concerning the archaeological monitoring program with the construction manager. c. The qualified archaeologist or archaeological monitor shall be present on-site full- time during grading activity. g:\ResolutionsIRPCO 1-292MUP/DRfCDP -11- d. When requested by the archaeologist, the project contractor shall divert, direct or temporarily halt ground-disturbing activities in the area of discovery to allow evaluation of potentially significant historical resources. The archaeologist shall immediately notify Planning and Building Department staff of such finding at the time of discovery. The significance of the discovered resource(s) shall be determined by the archaeologist, in consultation with the Planning and Building Department and the Native American community. The Planning and Building Director must concur with the evaluation procedures before grading activities are allowed to resume. For significant historical resources, a Research Design and Data Recovery Program shall be prepared and carried out to mitigate impacts before grading activities in the area of discovery is allowed to resume. Any human bones of Native American origin shall be turned over to the appropriate Native American group for reburial. e. All historical materials collected shall be cleaned, cataloged and permanently curated with an appropriate institution. All artifacts shall be analyzed to identify function and chronology as they relate to the history of the area. Faunal material shall be identified as to species, and specialty studies shall be completed as appropriate. Additionally, any sites and/or features encountered during the monitoring program shall be recorded on the applicable Department of Parks and Recreation forms (DPR 523A1B, et al.) and submitted to the South Coastal Information Center at San Diego State University and the San Diego Museum of Man with the final monitoring results report. f. Prior to the release of the grading bond, a monitoring results report and/or evaluation report, if appropriate, which describes the results, analysis, and conclusions of the entire historical monitoring program (with appropriate graphics and photo documentation) shall be submitted to and approved by the Planning and Building Director. For significant historical resources, a Research, Design and Data Recovery Program shall be included as part of the evaluation report. A mitigation report for significant historical resources, if required, shall be submitted to and approved by the Planning and Building Department Director prior to the release of the grading bond. SCS Prior to the issuance of a building permit, a lighting plan shall be submitted to the Planning and Building Department for review and approval. The plan shall include the location, height above grade, type, initial lumen rating, and wattage of each lamp source. The following measures shall be included in the lighting plan and building plans to the satisfaction of the Planning and Building Director: a. All outdoor lighting shall consist of full cutoff luminaires (as per IESNA standards) that are directed downward and away from adjacent properties. b. The maximum light pole heights shall be 16 feet. Lamps within the light pole fixtures shall be rnounted horizontally. g:lResolutions\RPCO 1-292MUP/DR/CDP -12 - c. All lighting fixtures mounted on the underside of the service station canopy shall be fully recessed and utilize translucent flat lenses that are completely flush with the ceiling ofthe canopy. A minimum lO-inch skirt shall be provided along the perimeter ofthe canopy. d. With standard depreciation factors, the maintained average illuminance shall not exceed the following levels: 1. The maintained average horizontal illmninance at grade directly under the service station canopy shall not exceed ten (10) footcandles. All canopy lighting, including but not limited to pump station spanner lighting for signage or panels above the pumps, is to be included toward the total maximum illuminance. 2. The maintained average vertical illuminance at pump station faces shall not exceed fifteen (15) footcandles. All canopy lighting, including but not limited to pump station spanner lighting for signage or panels above the pumps, is to be included toward the total maximum illuminance. 3. The maintained average horizontal illuminance within approach areas beyond the canopy projections and beyond the storefront sidewalk shall not exceed 3.6 footcandles. 4. The maintained average horizontal illuminance within the storefront sidewalk shall not exceed 6.0 footcandles. e. Lighting shall not be mounted on the top or sides (fascias) of the service station canopy and the sides (fascias) shall not be illuminated. f. No building-rnounted or freestanding outdoor lighting shall be allowed within the area north of the convenience store building. g. Wall-mounted signs on the northern and eastern building elevations shall not be illuminated. h. All pole-mounted Type 'B' luminaires shall be provided with glare shields. 1. The two wall-mounted Type 'F' luminaires on the building's west elevation shall be replaced with ground-mounted, full cutoffbollards. J. The tln:ee store front Type 'C' lights shall utilize compact flourescent bulbs having a maximum wattage of 42 watts SCT Prior to building permit issuance, building plans shall portray the following measures to the satisfaction of the Planning and Building Director: g:\ResolutionsIRPCO 1-292MUP/DR/CDP - 13- a. Surfaces on the underside of the service station canopy, canopy columns, and convenience store building fa~ade shall be painted with darker flat colors, as shown on the color board submitted for the project or otherwise approved by the Planning and Building Director. These building/structure surfaces shall not be painted with gloss/semi-gloss paint or lighter colors shown on the project's color board (NCS-lOI "cafe au lail", WH 835 "white", and WH740-S "offWhite"). Other exterior colors may be approved by the Planning and Building Director with the intent of utilizing darker flat colors that reduce the brightness of the building and canopy in contrast to the surrounding environment. b. The storefront windows shall have a maximum Visual Light Transmittance factor of 0.47 to minimize any glare from interior store lighting during evening hours. SCD Prior to final inspection for the building permit, a lighting study/monitoring report shall be submitted for review and approval by the Planning and Building Department. The study shall be conducted to ensure project compliance with mitigation measures SCI(a) through SCIG) above. The lighting study shall be prepared by a qualified lighting engineer approved by the Planning and Building Department Director prior to preparation of the study. This measure shall be also implemented within 30 days before or after the fifth annual anniversary of certificate of occupancy issuance, and thereafter at five-year intervals. SCV The City may require the applicant/permitee to submit documentation that the project is operating within the technical standards as described in the above mitigation measures .and approved lighting plan. This documentation shall be submitted to the Planning and Building Director within 30 days of written request to the applicant/permitee. SCW Prior to building permit issuance, a landscaping plan shall be reviewed and approved by the Planning and Building Department Director to ensure that visual impacts of the project are minimized for public vantage points along the Interstate 5 Scenic Overlay Corridor. Deciduous or invasive species shall not be included as part of any future landscaping of the site. GI STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G3 This project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's decision must be filed with the Coastal Commission within 10 days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the g:\ResolutionsIRPCO 1-292MUP /DR/CDP - 14- Coastal Commission as to the date the Commission's appeal period' will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. G4 Prior to the issuance of a building permit in reliance of this permit, the owner 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. The Owner(s) agree, in acceptance of the conditions ofthis approval, to waive any claims of liability against the City and agrees to indenmifY, hold harmless and defend the City and City's employees relative to the action to approve the proj ect. 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. G6 Permits from other agencies will be required as follows: County Health Department and State Department of Alcoholic Beverage Control. G7 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. The height certification/survey shall be supplemented with a reduced (8 Y2" x II") copy of the site plan and elevations depicting the exact point(s) of certification. The engineer/surveyor shall contact the Planning and Building Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. 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 10 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, split-face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and/or grading permits. G 11 All roof-mounted equipment and appurtenances, including air conditioners and their associated . vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demoustrated otherwise to the satisfaction of the Plauning and Building Department, and adequate structural support shall be incorporated into buildiog design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or g:\ResolutionsIRPCO 1-292MUP IDR/CDP - 15 - combination thereof to the satisfaction of the Planning and Building Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning and Building Department. 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 Planning and Building 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 the issuance of a grading permit or building permit 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. GI4 A plan shall be submitted for approval by the Planning and Building Department, the Engineering Services Department, and the Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction of the proj ect. G 17 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 1 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 Planning and Building 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. G20 Decorative use of neon tubing or banding, such as tubing around windows or doors or banding around the building exterior, shall not be allowed unless approved through subsequent design review permit modification(s). Temporary window signs are limited to 25% of window area in accordance with Section 30.60.060 (N) of the Municipal Code. G21 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. g:\ResolutionsIRPCO 1-292MUP /DR/CDP - 16- LANDSCAPING 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 proj ect. 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). 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. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering Services and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. SIGNS S3 Signs are approved as submitted and as shown in the approved project plans. Any alteration/addition to the approved signs not exempted in Municipal Code Chapter 30.60 may require a permit amendment, and the applicant should contact the Planning and Building Department prior to undertaking any such modification. USE PERMITS Ul 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 ofthe authorized activity. g: IResolutionslRPCO 1-292MUP /DR/CDP - 17- U2 In the event that any of the conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations generally imposed upon activi'ties similar in nature to the activity authorized by this permit. U5 Nothing in this permit shall authorize the applicant to intensifY the authorized activity beyond that which is specifically described in this permit. U7 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. U8 All project grading shall conform with the information 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 and/or design review permit modification for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. USE PERMITS FOR ALCOHOL VAl The applicant shall be responsible for maintaining the areas adjacent to the subject establishment over which the applicant has control free of loiterers and litter. The applicant shall also be responsible to insure that no consumption of alcoholic beverages takes place in those areas. UA7 Upon receipt of any substantiated complaint(s) regarding the operation of the business which is the subject of this permit, the City may, upon proper notification of the owner and/or applicant and acting through the authorized agency, conduct a hearing to determine if the conditions of approval need to be modified or whether the permit should be revoked. DESIGN REVIEW 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 of an amendment to the design review permit and approval by the authorized agency. g: IResolutionslRPCO 1- 292MUP /DR/CDP - 18- 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 Planning and Building Department prior to the issuance of building permits. Bl BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDlTION(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. Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 (1) 2 Yz" 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: Eight inches (8") for commercial buildings. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. g:\ResolutionsIRPCO 1-292MUP /DR/CDP -19 - FI8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the satisfaction ofthe Encinitas Fire Department. El 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. EG 1 Gradinl! Conditions EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verifY compliance with Chapter 23.24 ofthe Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 A separate grading plan shall be submitted and approved and a separate grading permit issued for the import or disposal site if located within the city limits. EDI 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. g:\ResolutionsIRPCO 1-292MUP/DR/CDP - 20- ES 1 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. ES8 The design of all private driveways 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. ESWl Storm Water Pollution Control Conditions ESW4 Priority Projects shall implement a single or a combination of storm water Best Management Practice methods in order to reduce to the maximum extent practicable the quantity of pollutants entering the public storm drain system or any receiving body of water supporting beneficial uses. All Priority Projects shall construct and implement a structural treatment control BMP, such as natural bio- filtration system or a treatment detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or greater than the volume generated by a 0.6" precipitation storm event in a duration of twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during each hour of a storm event. The filtration system shall be designed based upon best management practice standards and must be approved by the City Engineer. A covenant approved by the City shall be recorded against the property to ensure the professional maintenance, repair, and replacement of the storm water quality BMP as necessary into perpetuity.' The covenant shall also detail the funding mechanism for the required maintenance. An IOD for a public storm drain easement shall be offered to the City and shall cover all storm water treatment facilities and additional areas needed for maintenance and access. A Grading Plan/Permit Site Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Engineering Services Department approval. 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. ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the City Engineer, and secured with a performance bond prior to the issuance of a grading permit/building permit for this project. ESWll This project shall satisfy the Best Management Practice requirements for its project category as described in the City of Encinitas Best Management Practice Manual Part II. The minimum requirements for this project are outlined below. g: IResolutionslRPCO 1-292MUP /DR/CDP - 21- The fuel dispensing area shall be: A) paved with Portland Cement concrete or an equivalent smooth impervious surface (asphalt concrete is prohibited); B) designed to extend 6.5 feet from the comer or each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (whichever is less); C) sloped to prevent ponding; D) separated from the rest of the site by a grade break that prevents run-on of urban runoff; E) designed to drain to the projects treatment control BMP's prior to discharging into the storm water conveyance system. The project shall include an overhanging roof or canopy area that is: A) equal to or greater than the area within the fuel dispensing area's grade break; B) designed not to drain onto or across the fuel dispensing area. g:\ResolutionsIRPCO 1-292MUP/DR/CDP - 22-