2009-30RESOLUTION NO. PC 2009-30
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND A COASTAL DEVELOPMENT
PERMIT FOR CERTAIN CANOPY SHADE COVERS AND A NOISE BUFFER WALL
AT AN EXISTING ANIMAL KENNEL LOCATED AT 551 UNION STREET
(CASE NO. 09-033 DR/CDP; APN -256-330-22)
WHEREAS, an application for a Design Review Permit and Coastal Development Permit
was filed by Jennifer Perkins pursuant to the provisions of the City of Encinitas Municipal Code
Section 30.16.010.13.8 and for the permitting of two (2) shade canopies and a noise buffer wall; for
the property located at 551 Union Street, within the.RR-1 (Rural Residential 1) Zone, within the
Special Study Overlay Zone, and within the Coastal Zone; and which property is described as:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH,RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19,1881;
AND MORE PARTICULARLY DESCRIBED IN THE GRANT DEED RECORDED OCTOBER
14, 1983 AS DOCUMENT NO. 83-370177 OF OFFICIAL RECORDS, SAN DIEGO COUNTY.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on September 17, 2009, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
The September 17, 2009 agenda report to the Planning Commission with
attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
Project drawings consisting of (3) sheets of drawings and printed photographs with
each sheet titled and/or paginated as Partial Site Plan - Al, Canopy No. 5 - A2, and
Canopy No. 6 and Sound Wall - A3 all stamped received by the City of Encinitas
on April 9, 2009; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08 (Design Review) and 30.80 (Coastal Development Permits) of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 09-033 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 the application is exempt from environmental review pursuant to the provisions
of Section 15303(e) of the California Environmental Quality Act (CEQA) Guidelines, which
exempts from further enviroiullental review the construction of small facilities or structures
including, but not limited to, carports, patios, and fences.
PASSED AND ADOPTED this 17"' day of September, 2009, by the following vote, to wit:
AYES: Felker, Shannon, Van Slyke
NAYS: Chapo
ABSENT: Steyaert
ABSTAIN: none
1A Paul Van S Ve,
Chair of the Planning Commission
of the City of Encinitas
ATTEST:
atrick 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 2009-30
Case No. 09-033 DR/CDP
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:
The project design is inconsistent with the General Plan, any Specific Plan, or the provisions
of the Municipal Code.
Facts: Pursuant to the provisions of Municipal Code Section 30.16.010.13.8, structural
alterations not constituting an increase in an intensity of use for existing animal kenneling
operations within residential zones may be permitted by a Design Review Permit. On
January 15, 2009 the Planning Commission determined that the installation of certain
canopy covers for shade purposes over two (2) existing outdoor kenneling areas and the
erection of an approximate 6-foot high noise buffer wall at the subject property constituted
such structural alteration requiring a Design Review Permit.
Discussion: The canopy covers and noise buffer wall ("sound wall") either comply or are
conditioned to comply with the applicable zoning codes and building codes. The subject
property is located within a Special Study Overlay Zone and the site is located within a
Scenic View Corridor generally surrounding the I-5 Freeway as depicted within Figure 3 -
Visual Resource Sensitivity of the Resource Management Element of the City's General
Plan. However, the subject canopies and the sound wall are not visible from within the
Scenic View Corridor and, thereby, impart no impact to the scenic resources within the
Scenic View Corridor.
Conclusion: The Planning Commission finds that the project design is consistent with the
General Plan and the provisions of the Municipal Code.
2. The project design is substantially inconsistent with the Design Review Guidelines.
Facts and Discussion: The applicable Design Review Guidelines are limited to
considerations for existing views and consistency in the appearance of the subject canopies
and the subject sound wall with the existing developed character of the property. The
canopies and the sound wall are relatively low in profile and, thereby, impose no form of
significant view obstruction to the views from the neighboring and surrounding properties
and the Interstate 5 Freeway view corridor The colors of the canopies and the sound wall
are compatible with the primary buildings and structures comprising the site and the
kenneling operation.
Conclusion: The Planning Commission finds that the project is substantially consistent with
the applicable Design Review criteria.
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The project would adversely affect the health, safety, or general welfare of the community.
Facts and Discussion: The canopies and the sound wall either comply or are conditioned to
comply with the applicable zoning code and building code requirements and limitations,
including fire codes implemented under California Building Code Title 24, Part H, Chapter
31E.for flame retardant standards.
Conclusion: The Planning Commission finds that the project will not adversely affect the
health, safety or general welfare of the community.
4. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts and Discussion: The approval of the subject canopy covers and the sound wall, as
adjunct components of an existing lawfully established animal kenneling operation and
having a sufficient level of visual continuity with the kenneling facility, would not cause the
surrounding neighborhood to depreciate materially in appearance or value. In addition, no
evidence has been submitted or discovered that would suggest that these components will
cause any material depreciation in appearance or value of the surrounding neighborhood.
Conclusion: The Planning Commission finds that the 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:
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.
Facts: The requirement for Design Review Permit and a Coastal Development Permit is
invoked under the provisions of Municipal Code Section 30.16.010.B.8 for certain
structural alterations to an existing and lawfully established animal kennel in the form of
two (2) canopy shade coverings and a noise buffer wall. The installation and erection of
these, in turn, necessitate the issuance of a Coastal Development Permit.
Discussion: Related. to finding No. 1, with the approval of the subject Design Review
Permit, the project would comply with all applicable provisions, regulations, and policies of
the City's Municipal Code, General Plan and certified Local Coastal Program. Related to
finding No. 2, the project is exempt from environmental review. Finding No. 3 is not
applicable since the project is not located between the sea or other body of water and the
nearest public road.
Conclusion: The Planning Commission 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, and 3) finding No. 3 is not applicable to the project since it is
not located between the sea or other body of water and the nearest public road.
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ATTACHMENT "B"
Resolution No. PC 2009-30
Case No. 09-033 DR/CDP
Applicant: Jennifer Perkins
Location: 551 Union Street (APN 256-330-22)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on September 17, 2009 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 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 maybe appealed to the
City Council within 15 days of the date of the determination. ,
SCA This project is conditionally approved as set forth on the application materials dated
received by the City on April 9, 2009 and the project drawings consisting of (3) sheets of
drawings and printed photographs with each sheet titled and/or paginated as Partial Site Plan
- Al, Canopy No. 5 - A2, and Canopy No. 6 and Sound Wall - A3 dated received by the
City on April 9, 2009; these are indicated as approved by the Planning Commission on
September 17, 2009 and these shall not be altered without an expressed authorization by the
Planning and Building Department.
SCB The approved fabric canopies shall be maintained in compliance with the applicable State
Fire Marshal flame retardant standards pursuant to California Building Code Title 24, Part
II, Chapter 31 E.
SCC The Design Review Permit approval for Canopy No. 5 is limited to a canopy covering over
an existing outdoor kenneling enclosure, which is adjacent to the California Department of
Transportation (CalTrans) right-of-way for the I-5 freeway. The approval does not
authorize or permit any encroachment of the existing structure into the CalTrans right-of-
way. The removal of any actual encroachment requiring any modification, alteration, or
relocation of the structure may require a modification to Design Review Permit or a new
Design Review Permit and any associated permits as may be applicable at that time.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
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G4 Prior to initiating the approved use in reliance on 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 of this
approval, to waive any claims of liability against the City and agrees to indemnify, hold
harmless and defend the City and City's employees relative to the action to approve the
proj ect.
G5 Approval of this application 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/licenses from other agencies will be required and/or maintained as follows:
County Department of Animal Control
DESIGN REVIEW
DR1 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.
DR3 All project grading shall conform with the approved plans. If no grading is proposed on the
approved plans, or subsequent grading plans are inconsistent with. the grading shown on the
approved plans, a design review permit for such grading shall be obtained from the
authorized agency of the City prior to issuance of,grading or building permits.
B1 BUILDING CONDITIONN:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 If a building permit is required for the occupancy of the business space, the applicant shall
submit a complete set of construction plans to the Building Division for plan check
processing. The submittal shall include a Soils/Geotcohnical Report, structural calculations,
and State Energy compliance documentation (Title 24). Constriction 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 plan cbeck will be completed prior to permit issuance
and additional technical code requirements may be identified and changes to the originally
submitted plans may be required.
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Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: Approved numbers and/or addresses shall be placed on all new
and existing buildings and at appropriate additional locations as to be plainly visible and
legible from the street or roadway fronting the property from either direction of approach.
Said numbers shall contrast with their background, and shall meet the following
minimum standards as to size: 8" high with a'/z" stroke for commercial and multi-family
residential buildings, 8" high with a 1/2" stroke for commercial buildings. Additional
numbers shall be required where deemed necessary by the Fire Marshal, such as rear
access doors, building corners, and entrances to commercial centers.
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