2008-01
RESOLUTION NO. PC 2008-01
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR EXTERIOR MODIFICATIONS TO AN EXISTING TWO-STORY
OFFICE STRUCTURE FOR THE PROPERTY LOCATED AT 230 BIRMINGHAM
DRIVE.
(CASE NO. 04-267 DR/CDP; APN:260-352-26)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit to modify the exterior of an existing two-story office building by replacing
existing windows with aluminum framed green tint windows, new composition shingles roofing
material, new louvered awnings and new smooth plaster and slate tile. exterior walls in accordance
with Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas
Municipal Code, for the property located in the Office Professional (OP) zone and the Coastal
Zone, legally described as:
LOTS 25, 26, 27 AND 28, IN BLOCK 68, OF CARDIFF VILLA, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUTNY RECORDER
OF SAN DIEGO COUNTY, AUGUST 10, 1912.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on January 17, 2008, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The January 17, 2008 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Plan, Municipal Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of six (6) sheets, including Site Plan/Project Data,
Ground Floor Plan, Second Floor Plan, Roof Plan, Elevations/Sections and
Conceptual Landscape Plan; all stamped received by the City of Encinitas on
December 7,2007; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08 (Design Review) and 30.80 (Coastal Development Permit) ofthe Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case No. 04-267 DR/CDP subject to the following
conditions:
(SEE ATTACHMENT "B")
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BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that the project is categorically exempt from environmental review pursuant to
Section 15301(a) of the California Environmental Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this I ih day of January, 2008, by the following vote, to wit:
AYES: Felker, Van Slyke & Steyaert
NAYS: None
ABSENT: None
ABSTAIN: Chapo & McCabe
~~.
~m McCabe, Chair of the
Planning Commission ofthe
City of Encinitas
ATTEST:
~~
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 2008-01
Case No. 04-267 DR/CDP
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.080 of the EncinitasMunicipal Code provides that an application
for a design review permit mustbe granted unless, based upon the information presented in
the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of
the Municipal Code.
Facts: The subject application seeks approval of a Design Review Permit and Coastal
Development Pennit request to allow proposed exterior modifications to an existing two-
story office building. The existing office building consists of two stories totaling 8,505
square feet in area. The existing building is currently maintaining legal nonconforming
front yard and street and interior side yard setbacks of O-feet along the most southerly,
westerly and. easterly property lines respectively where the underlying Office
Professional (OP) zone requires a minimum 20-foot front and street side yard setback and
al0-foot interior side yard setback. The subject application is being reviewed tor
conformance with the General Plan and Chapters 23.08 (Design Review), 30.76
(Nonconformities),30.20 (Commercial Zones), 30.80 (Coastal Development Permit) and
30.54 (Off-street Parking) ofthe Municipal Code.
Discussion: The subject Office Professional (OP) zone allows general office uses by
right and exterior modifications with approval of a Design Review Permit. The proposed
modifications comply with all applicable policies of the General Plan and the provisions
of the Municipal Code. The project as proposed will not intensify existing legal
nonconformitiesand will. be required toc,omply with all. applicable Building and Fire
codes through the standard plan checking process. The Design Review Permit request will
comply with all applicable policies of the General Plan and all provisions of the Municipal
Code. The proj ect as proposed adequately addresses visualimpacts.
Conclusion: The Planning Commission finds that the project design is consistent with the
General Plan and the provisions ofthe Municipal Code.
b. The proj ect design is substantially inconsistent with the Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines related to
design and site layout, building design, landscape design, signs and privacy and security
with which the authorized agency must find the project substantially consistent in order to
grant approval. Additionally, Chapter 30.20 of the City of Encinitas Municipal Code has
specific design criteria for commercial projects.
Discussion: In regard to building design, the proposed project coordinates the elements of
the vertically and horizontally articulated structure to create harmony and continuity among
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all elements, materials and fixtures. The structure's exterior elevations are in scale with
similar office structures in the adjacent neighborhood. The structure would feature furr
walls with smooth plaster finish, "Prairie" slate tiles, aluminum frame windows and
louvered awnings.
The structure's exterior is mainly light brown painted smooth plaster (Expo Color 4033)
with the exterior of the ground level to be darker brown heavy plaster (Expo Color 1350).
Roofmg materials will be "Elk Prestique Sablewood" composition shingles. The building
character of the design is well established and carried throughout all elevations. The
proposed architectural features are sufficiently dimensioned and articulated to provide visual
relief and interest.
The project's landscaping is consistent. with standards for commercial projects and
consistent with adjacent, existing commercial and residential properties with similar plant
species such as "King Palm", "Date Palm" and "Sago Palm" trees. The project proposes
no grading. Project lighting ensures security while minimizing light impact on
surrounding properties and uses. Building materials and colors were chosen to provide
changes of texture and color to avoid a monochromatic appearance. The proposed colors,
materials, and architectural features are well coordinated and complementary. The existing
two-story office building is generally in proportion with the scale of the development in the
surrounding neighborhood.. The proposed landscape plan provides ample coverage for the
project site.
Conclusion: The Planning Commission finds that the project is substantially consistent
with the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare ofthe community.
Facts/Discussion: The project has been determined to be exempt from environmental
review pursuant to Sections 15301(a) oftheCalifornia Environmental Quality Act (CEQA)
Guidelines. A pedestrian access ramp (ADA compliant) is proposed off of the alleyway
with a public walkway connection to the sidewalk along Birmingham Drive. The existing
general office use is allowed by right in the subject Office Professional (OP) zone and no
evidence has been submitted or discovered that would suggest that the proposed project
would adversely affect the surrounding neighborhood or community.
Conclusion: The Planning Commission fmds that the project will not adversely affect the
health, safety, or general welfare ofthe community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The subject application seeks approval of a Design Review Permit and Coastal
Development Permit request to allow the proposed exterior modifications to an existing
two-story office building.
Discussion: The project substantially conforms to site, building, landscape and privacy
design standards by incorporating varying horizontal and vertical articulation elements as
well as eaves, patios, parapets, and other architectural projections. The project would
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enhance the appearance of the property and the neighborhood. The proposed colors,
materials and architectural features are well coordinated and complementary to the site and
its surroundings. No evidence has been submitted or discovered that would suggest that the
proposed project would cause any material depreciation to the appearance or value of the
surrounding neighborhood.
Conclusion: The Planning Commission finds thatthe project will 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:
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 adverl)e 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 Toad, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies ofSection30200et. seq. ofthe Coastal
Act.
Facts: The CoastalDevelopmentPermit is requested in association with the Design Review
Pennit for the proposed exterior modifications to. an existing two-story office building. The
existing office building consists of two stories totaling 8,505 square feet in area. The
existing building is currently maintaining legal nonconforming front yard and street and
interior side yard setbacks of O-feet along the most southerly, westerly and easterly
property lines, respectively, where the underlying Office Professional (OP) zone requires
a minimum 20.;.foot front. and street side yard setback and a .10-foot interior side yard
setback. The surrounding neighborhood consists of a mix of single-and two-story
residential, mixed use and commercial. structures,
Discussion: The proposed project site lies within the Coastal.Zone of the City of Encinitas
and requires the issuance of a regular Coastal Development Permit. With approval of the
Design Review Permit and Coastal Development pennit the project conforms to the
Encinitas Municipal Code. The project is determined to be exempt from environmental
review pursuant to Sections 15301(a) ofthe California Environmental Quality Act (CEQA)
Guidelines, which exempts interior and exterior alterations from environmental review.
The subject site is located on fully disturbed property consisting of impervious surface
area, landscaping and the existing two-story office structure. The site is not located
between the sea and the nearest 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 mitigation measures will be
implemented or required with the project since no significant adverse impacts have been
identified that the activity may have on the environnlent; and regarding :(inding 3), the
project is not located between the sea and the nearest public road and the approval of this
Coastal Development Permit satisfies the requirements of the Encinitas Local Coastal
Program.
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ATTACHMENT "B"
Resolution No. PC 2008-01
Case No. 04-267 DR/CDP
Applicant:
Location:
Keith White
230 Enc.initas Blvd (APN 260-352-26)
SCl SPECIFIC CONDITIONS:
SC2 At any time after two years from the date ofthis approval, on January 17,2010 at 5 :00 pm,
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 ofthe authorized agency may be appealed to the
City Councilwithin 15 days ofthedate ofthe detennination.
SC5 This project is conditionally approved as set forth on the application dated received by the
City ofEncinitas on February 7, 2005; and project drawings consisting of six (6) sheets,
including. Site Plan/Project Data, Ground. Floor.' Plan, .Second · Floor Plan, Roof Plan,
Elevations/Sections and Conceptual Landscape' Plan; aU stamped received by the City of
Encinitas on December 7,2007, aU designated as approved by the Planning Commission on
January 17,2008, and shall not be alteredwithout~xpress authorization by the Planning and
Building Department.
SCA The plans to satisfy the following conditions shall be. approved and secured. to . the
satisfaction ofthe Engineering Services Department prior to issuance ofthe building permit:
1. The development application proposes to construct new private facilities within the
public right-of-way. No new private improvements may be constructed within 35
feet of the centerline of the right-of-way for Birmingham Drive, with the exception
that the facade enhancements. to. the existing building. will be.. allowed to be a
minimum of 34 feet 2 inches from the centerline, stairs necessary for pedestrian
access will be allowed to be a minimum of 25 feet from the centerline, and
landscaping and irrigation (but not landscape planters) will he allowed behind the
back of sidewalk. Other private improvements constructed outside the 35 feet of
centerline but within the public right-of-way may be allowed with an encroachment
permit.
2. The developer shall obtain an encroachment permit for the proposed turf block and
flatwork within the right-of-way.
3. An encroachment permit shall also be obtained for the portion of the existing
structure that is within the public right-of-way.
4. No portion of the ADA access ramp may be located within the public right-of-way. If
necessary for pedestrian access, the developer may propose to construct stairs within
the public right-of-way with an encroachment permit, but the stairs may not encroach
beyond 25 feet from the centerline of Birmingham. The existing ramp within the
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right-of-way shall be removed within 60-days of issuance of the Coastal
Development Permit or prior to issuance of any building permit, whichever comes
first.
5. The applicant shall provide a minimum three (3) foot wide concrete ribbon gutter in
the flow line along the property frontage to Manchester. The Tibbon gutter shall
safely convey runoffto the proposed cross gutter across Manchester at Birmingham.
6. The developer.. shall provide at the northeasterly corner of Manchester and
Birmingham a.pedestrian ramp meeting current ADA standards, including truncated
domes affixedto the ramp surface.
Gl 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 ofthe MunicipalCode.
G4 Prior to building permit issuance 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 of this approval, to waive any
claims of liability against the City and agrees to. indemnify, hold harmless and defend the
City and City'semployeesrelative to the action to approve the project.
G12 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
building permit issuance 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 ControlandTraffic 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 Theprojectissubject 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 including the required signature block of the State licensed
landscape designer must be submitted as part of the building permit application for the
project.
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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. A1llandscaping 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. onthe 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 anysuccessorsininterest in the property. The maintenance program shall
include noffilal 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.
SI Any signs proposed for this development shall be designed and approved in conformance
with EncinitasMunicipal Code Chapter 30.60.
DRl Any future modifications to the approved project will be Teviewedrelative to the findings
for substantia1.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 pennitand approval 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 Planning and Building Department
prior to the issuance of building permits.
Bl BUILDINGCONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 The applicantshall 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 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 pennit
issuance and additional technical code requirements may be identified and changes to the
originally submitted plans may be required. .
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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 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.
E3 All drawings submitted for Engineering permits are required to reference the NAVD88
datum; the NGVD 29 datum will not be accepted.
ES 1 Street Conditions
ES5 Prior to. any work being perfonned 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.
ES 10 hnprovements constructed within the present or future public right-of-way shall be
considered temporary. The owner..shall enter into an encroachment . removal. covenant
agreeing to remove those improvements at the direction of the City.
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