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2004-074 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633 -2710 NOTICE OF DECISION PBD- 2004 -74 July 28, 2004 This letter is to inform you that the Planning and Building Director has approved your application for: 04 -051 MIN /CDP (Twigs dba Grounded Garden Shop) Minor Use Permit and Coastal Development Permit request to allow outdoor sales of garden supplies and plants. The project site is located at 25 East E Street in the D -CM -1 (Downtown Encinitas Specific Plan — Commercial Mixed 1) zone and within the Coastal Zone. (APN 258 -161 -11) Project Description and Discussion: The applicant proposes outdoor sales of garden supplies and plants in conjunction with similar retail sales within the existing building. The proposed use has occupied the project site and is currently in operation within the existing building, which has housed a variety of uses in the past including a newspaper print shop, coffee bar and artist colony. The proposed project would include repaving of the driveway and parking lot on the property to provide sufficient parking, proper storm water treatment in accordance with City standards and a well defined sales /product area. On -site pathways in the sales area would be stabilized decomposed granite, or similar material, to provide more pervious area and a more natural feel to the proposed outdoor sales area. Minor Use Permit: Section 3.2.3.A.1 of the Downtown Encinitas Specific Plan provides that sales of garden supplies is a permitted use in the subject D -CM -1 zone and Section 3.2.3.A.2 provides that outdoor sales may be allowed with the issuance of a minor use permit. Use permit requests are processed in accordance with Chapter 30.74 (Use Permits) of the Municipal Code. Section 30.74.070B of the Municipal Code requires that an application for a use permit be approved unless findings of fact are made that support the negative conclusions contained therein. These conclusions include the incompatibility of the proposed project with adjacent properties, adverse effects on the policies of the General Plan or provisions of the Municipal Code, and failure to comply with the regulations, conditions or policies of the Municipal Code. The proposed project is located in an area dominated by similar retail uses and is directly adjacent to the NCTD rail corridor. No evidence has been submitted or discovered that would suggest that the proposed outdoor sales would be incompatible with adjacent properties or would have an adverse effect on the policies of the General Plan or provisions of the Municipal Code. With the approval of the Minor Use Permit as conditioned, the project will comply with all applicable development standards of the subject D -CM -1 zone. KK/ PBD /g:\Nod \04- 051mincdp.nod.doc - 1 - Public Notice: A standard public notification was issued for the application that allowed for a 20- day comment period and included notice of the administrative public hearing on the application conducted on June 28, 2004. No comments were received. No members of the public attended the hearing. This approval is based on the following findings: FINDINGS FOR A USE PERMIT STANDARD In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed 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; Facts: The applicant proposes outdoor sales of garden supplies and plants in conjunction with a retail nursery. Garden supply sales is an allowed use in the D -CM -1 zone and outdoor sales may be permitted with the issuance of a Minor Use Permit. The proposed use will comply with all applicable development standards of the subject D -CM -1 zone. All public utilities and services are in place to serve the existing use. The project is exempt from environmental review pursuant to Sections 15303(c) and 15304 of the California Environmental Quality Act (CEQA) Guidelines. Discussion: The subject property is in a developed, commercial neighborhood with all required public utilities, facilities and, services in place and is directly adjacent to the NCTD rail corridor. The project is exempt from the requirements of CEQA and no harmful effect on the environmental quality or natural resources of the City is expected. Implementation of the conditions of approval as stated in Attachment `B" of this Resolution will ensure compatibility of the project with the surrounding neighborhood. Conclusion: The Planning and Building Department finds that, with the implementation of the conditions of approval as stated in Attachment `B" of this Resolution, the proposed KK/ PBD /g:\Nod \04- 05 1mincdp.nod.doc -2- project will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residences, buildings, structures or natural resources. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts: The applicant proposes outdoor sales of garden supplies and plants in conjunction with a retail nursery. Sales of garden supplies is an allowed use in the D -CM -1 zone and outdoor sales may be permitted with the issuance of a Minor Use Permit. The proposed use will comply with all applicable development standards of the subject D -CM -1 zone. All public utilities and services are in place to serve the existing use. Discussion: The subject property is in a developed, commercial neighborhood with all required public utilities, facilities and services in place and is adjacent to the NCTD rail corridor. With the approval of the minor use permit request, the project as proposed will comply with all applicable General Plan policies and all applicable provisions and policies of the Municipal Code. No evidence has been submitted or discovered to suggest that the project will adversely affect or fail to comply with the policies, provisions, standards, conditions or regulations of the General Plan or Municipal Code. Conclusion: The Planning and Building Department finds that the impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan of the provisions of the Municipal Code. The Planning and Building Department additionally finds that, with the implementation of the conditions of approval as stated in Attachment `B" of this Resolution, that the project will comply with all applicable regulations, conditions and policies imposed by the Municipal Code. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and - 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity KK/ PBD /g:\Nod \04- 051mincdp.nod.doc -3- with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The City's General Plan and Municipal Code are the applicable components of the City's Local Coastal Plan. The applicant proposes outdoor sales of garden supplies and plants in conjunction with a retail nursery. Sales of garden supplies is an allowed use in the D -CM -1 zone and outdoor sales may be permitted with the issuance of a Minor Use Permit. The proposed use will comply with all applicable development standards of the subject D -CM -1 zone. All public utilities and services are in place to serve the existing use. Discussion: Related to finding No. 1, with the approval of the Minor Use Permit request the project complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, the project has been determined to be exempt from environmental review pursuant to Sections 15303(c) and 15304 of the California Environmental Quality Act (CEQA) Guidelines and no harmful effects on the environment are expected. Finding No. 3 is inapplicable since the project is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning and Building Department finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) the proposed project is exempt from environmental review pursuant under CEQA and no harmful effects are associated with the project; and 3) finding No. 3 is not applicable to the project since the project site is not located between the sea or other body of water and the nearest public road. Environmental Review: The project has been determined to be exempt from environmental review pursuant to Sections 15303(c) and 15304 of the California Environmental Quality Act (CEQA) Guidelines, which respectively exempt the conversion of use of an existing structure and grading on land sloped less than 10 %. This approval is subject to the following conditions: SC1 SPECIFIC CONDITIONS: SC2 This approval will expire on July 28, 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. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on July 9, 2004, consisting of 2 sheets including Site Plan and Drainage Layout Plan, all designated as approved by the Planning and Building Director on July 28, 2004, and shall not be altered without express authorization by the Planning and Building Department. SCA For storm water pollution control Best Management Practice, the trash enclosure shall be covered and the elevation of the trash enclosure shall be above the surrounding areas in order to prevent storm water runoff from entering the enclosure. I KK/ PBD /g:\Nod \04- 05 1mincdp.nod.doc -4- SCB No permanent structures or in- ground planting shall be placed within five (5) feet of the existing water line on the property to the satisfaction of the San Dieguito Water District. The developer shall notify the San Dieguito Water District no less than 48 hours prior to any digging that could cross the water line to ensure that Water District staff is on hand during the digging operation. G1 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. G4 Prior to grading 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. G13 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 grading 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 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. G16 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking Design Manual. G17 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. KK/PBD/g:\Nod\04-05 1n incdp.nod.doc -5- Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F6 GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. All automatic gates across fire access roadways shall be equipped with approved emergency key operated switches overriding all command functions and opening the gate(s). Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, educational, or assembly occupancy group structures shall also be equipped with approved emergency traffic control activating strobe light sensor(s) which will activate the gate on the approach of emergency apparatus. All automatic gates must meet Fire Department requirements for rapid, reliable access. F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE ": Fire Department access roadways, when required, shall be properly identified as per Fire Department standards. 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. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EGl Grading 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 of the Encinitas Municipal Code. KK /PBD /gANod \04- 05 1mincdp.nod.doc -6- 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 borrow or disposal site if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils /geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be approved prior to building permit issuance /at first submittal of a grading plan, as applicable. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED 1 Drainage 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. KK/ PBD /g:\Nod \04- 05 1mincdp.nod.doc -7- 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. EUl Utilities EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. ESW1 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 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. This notice constitutes a decision of the Planning & Building Department only. Additional permits, including Building Permits, may be required by the Building Division or other City Departments. It is the property owner's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1. 12, this decision may be appealed to the City Council within fifteen (15) calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 15 calendar day following the date of this notice of decision. The action of the Planning and Building Director may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Kerry Kusiak at the Planning and Building Department by telephoning (760) 633 -2719. Patrick Murph Planning & Building Director KK/ PBD /g:\Nod \04- 05 1mincdp.nod.doc -8-