2009-31RESOLUTION NO. PC 2009-31-
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT MODIFICATION AND COASTAL
DEVELOPMENT PERMIT TO ESTABLISH A PRESCHOOL FOR UP TO A
MAXIMUM 49 STUDENTS WITHIN THE EXISTING CHURCH FACILITIES. NO
NEW BUILDING SQUARE FOOTAGE IS PROPOSED TO ACCOMMODATE THE
PROPOSED PRESCHOOL. THE SUBJECT PROPERTY IS LOCATED WITHIN THE
RESIDENTIAL 3 (R-3) ZONING DISTRICT LOCATED AT 1831 SOUTH EL CAMINO
REAL WITHIN THE CITY OF ENCINITAS.
CASE NO. 09-067 MUPMOD/CDP (APN 262-062-15)
WHEREAS, a request for consideration of a Major Use Permit Modification and Coastal
Development Permit was filed by the North Coast Presbyterian Church to modify the existing
Major Use Permit to add a preschool to the existing church activities in accordance with Chapter
30.74 (Major Use Permits) and Chapter 30.80 (Coastal Development Permits) of the Encinitas
Municipal Code in the Residential 3 (R-3) Zoning District of the City of Encinitas, legally
described as
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on November 5; 2009, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The November 5, 2009 agenda report to the Planning Commission with
attachments;
2. The General Plan, Municipal Code, Local Coastal Program and associated Land
Use Maps;
3. Oral and written evidence submitted at the hearings;
4. Project drawings consisting of two (2) sheets total including Site Plan (Sheet
A2.1); and Floor Plans (Sheet A2.2), all stamped received by the City of Encinitas
on October 21, 2009; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapter
30.74 (Major. Use Permits) and Chapter 30.80 (Coastal Development Permits) of the Encinitas
Municipal Code:
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves Case No. 09-067 MUPMOD/CDP subject to the following conditions:
PBD\JD\T\Resolutions\RPC09-067 MUPMOD NCPC Preschool Resolution 2009-31.doc
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that the project has been determined to be exempt from environmental review
as per California Environmental Quality Act (CEQA) Guidelines Section 15322, which exempts
the adoption, alteration, or termination of educational or training programs which involve no
physical alteration in the area affected or which involve physical changes only in the interior of
existing school or training structures.
PASSED AND ADOPTED this 5th day of November, 2009, by the following vote, to wit:
AYES: Chapo, Felker, Shannon, Steyaert, Van Slyke
NAYS: None.
ABSENT: None.
ABSTAIN:
ATTEST:
P&rick 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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1 V uu vi.y •iv, vuui~,vi ~iav i au.auui.b
Commission of the City of Encinitas
ATTACHMENT "A"
Resolution No. PC 2009-31
Case No. 09-067 MUPMOD/CDP
Legal Description
That portion of the West Half of the Southwest Quarter of the Southwest Quarter of Section 24,
Township 13 South, Range 4 West, San Bernardino Meridian, in the county of San Diego, State of
California, according to United States Government Survey approved April 19, 1881, described as
follows.
Beginning at a point in the Westerly line of said Section 24, distant thereon North 0° 28' 23"
East 598.00 feet from the Southwest corner of said Section 24; thence along said Westerly line
North 0° 08' 23" East 343 feet; thence South 89° 49' East 654.50 feet to an intersection with the
Easterly line of the West Half of the Southwest Quarter of the Southwest Quarter of said
Section 24; thence along said Easterly line south 0° 01" 33" West 343 feet to an intersection
with a line which bears South 89° 49' East from the Point of Beginning thence North 89 49'
West 655.18 feet to the Point of Beginning.
EXCEPTING THEREFROM the Westerly 51 feet thereof for road purposes as conveyed to the
County of San Diego by deed recorded April 16, 1969 as File No. 65079 of Official Records
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ATTACHMENT "B"
Resolution No. PC 2009-31
Case No. 09-067 MUPMOD/CDP
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 project;
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 subject application is for a Major Use Permit Modification and Coastal
Development Permit to modify the existing San Diego County approval of Major Use
Permit No. P74-66 as modified by subsequent City of Encinitas, Major Use Permit
modifications to establish a preschool for up to a maximum of 49 students within the
existing church facilities. No new square footage is proposed to accommodate the
proposed preschool.
Discussion: Preschool activities are proposed in conjunction with the existing church
operations and within the existing church facilities as described herein and are permitted
subject to Chapter 30.09 (Zoning Matrix) and regulated by the provisions of Chapter 30.74
(Use Permit). Currently, the facilities for the North Coast Presbyterian Church include a
multi-purpose building for church services and related activities, offices, classrooms for
the Sunday school, a playground and storage areas. The church fronts South El Camino
Real and all buildings are setback approximately 127 feet from South El Camino Real.
No structural expansion of church area or increase in height is proposed to accommodate
the proposed preschool.
In conjunction with the existing church facilities, all required public facilities and
utilities are in place serving the site. All roadway improvements, water and sewer
service are currently provided to the existing development. The church facility has been
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in operation for since 1974 during which time no complaints or other evidence of
incompatibility with the surrounding land uses have been presented.
Some church activities take place every day of the week, with smaller church activities
scheduled during the weekday evenings taking place from 6:00 p.m. to 9:00 p.m. and the
larger church functions with the entire congregation during the, weekend, including
Sunday worship services held every Sunday morning at 9:30 a.m.
Given the cumulative approvals for the total of 181 parking spaces (125 onsite parking
spaces and 56 offsite parking spaces), the utilization of fifteen (15) parking spaces
during the weekday period, when much of the parking in the main lot is typically
available, would not result in any significant impact to church activities. Discounting
the church's use of the 56 spaces on the adjoining property, there will be ample parking
available onsite during weekdays to serve the preschool. Since church services will not
be in session and much of the parking lot will be empty during the daycare/preschool
hours.
Surrounding land uses are single-family and are also zoned Residential 3 (R-3) zone
which requires a minimum lot size of 14,500 square feet (SF). Church facilities are
also. located on some properties in the vicinity that are also zoned R-3. The existing
topography is relatively flat but the rear of the property slopes upward at a slope
generally averaging greater than 25% which is required to be preserved through a slope
preservation easement under the conditions of this approval, which is required under
Specific Condition SCI, unless the applicant can provide a document that accomplishes
slope preservation requirements in accordance with Chapter 30.34 (Hillside/Inland Bluff
Overlay). Moreover, there is a creek that runs parallel to South El Camino Real at the
front of the property. This creek is within the Appeal Jurisdiction of the California
Coastal Commission.
A Noise Impact Analysis was prepared by Giroux and Associates dated September 22,
2009 for the proposed preschool. The analysis concluded that the noise impact of the
proposed 49 children at play is 57.5 dB (decibels) at the nearest property line
(southernmost) which exceeds the 50 dB daytime standard for residential zones set by
Section 30.40.010.A (Noise). Because limiting the number of children at play to reduce
the noise impact is not practical for the applicant, construction of a four (4)-foot tall
masonry wall as measured from existing grade along the southern and a portion of the
western playground perimeter will reduce noise levels by -8 dB at the southern property
line and thereby meet the city's noise ordinance requirements.
Conclusion: The Planning Commission finds that the location, size, design and operating
characteristics of the proposed preschool are compatible with the existing church facility
and will not adversely affect and is not materially detrimental to adjacent uses, residences,
buildings, structures and 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
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3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: Preschool activities are proposed in conjunction with the existing church operations
and within the existing church facilities as described herein and are permitted subject to
Chapter 30.09 (Zoning Matrix) subject to a MUPMOD in accordance with the provisions
of Chapter 30.74 (Use Permit).
Discussion: The proposed preschool may be permitted in the R-3 Zone with the approval
of a Major. Use Permit Modification and a Coastal Development Permit in accordance
with Chapter 30.74 (Use Permits) and Chapter 30.80 (Coastal Development Permits)
respectively.
Since the proposed preschool use would utilize the existing church facilities and no
changes to either the building exterior and or floor area are proposed, the project as
proposed complies with all applicable development standards of the subject R-3 zone
including building height and setbacks,. Additionally, the project would be required to
comply with all applicable Building and Fire codes through the standard plan checking
process. Any future signage will be under a separate permit and required to comply with
the use permit entitlement for the property and be in conformance with Chapter 30.60
(Signs). v
A Noise Impact Analysis was prepared by Giroux and Associates dated September 22,
2009 for the proposed preschool. The analysis concluded that the noise impact of the
proposed 49 children at play would be 57.5 dB (decibels) at the nearest property line
(southernmost) which exceeds the 50 dB daytime standard for residential zones set by
Section 30.40.010.A (Noise). To meet the city's noise ordinance requirements,
construction of a four (4)-foot tall masonry wall as measured from existing grade along
the southern and a portion of the western playground perimeter will reduce noise levels
by 8 dB at the southern property line and thereby meet'the city's noise ordinance
requirements.
With the issuance of the Major Use Permit Modification, the proposed preschool
complies with all other regulations, conditions or policies of the Municipal Code.
Conclusion: The Planning Commission finds that approval of the Major Use Permit
Modification authorizing the proposed preschool as conditioned, will not adversely affect
the policies of the Encinitas General Plan or the provisions of the Municipal Code.
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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 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 proposal is for a Major Use Permit Modification and Coastal Development
Permit to modify the existing San Diego County approval of Major Use Permit No. P74-
66, as modified by subsequent. City of Encinitas Major Use Permit modifications to
establish a preschool for up to a maximum of 49 students within the existing church
facilities. No new square footage is proposed to accommodate the proposed preschool.
Discussion: Finding No. 1 requires the project to be consistent with the certified Local
Coastal Program of the City of Encinitas. The application is consistent with the Encinitas
Municipal Code and General Plan which are the applicable components of the City's Local
Coastal Program. With regard to finding #2, no aspect of the project has been identified
which could have an adverse impact on coastal resources or any natural resources, the
project will not result in any adverse impact to the environment, and therefore, there is no
alternative that would lessen the projects impacts. Regarding finding #3, the project is
located adjacent to a stream that travels the width of the front of the property and parallel to
South El Camino Real; however, because the proposed preschool will not expand the
existing facilities which are set back approximately 127 feet from the edge of the stream, the
proposed preschool is not within 300 feet of the first public road, and therefore is #3 is not
applicable.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) the project would have no
significant negative environmental impact; and 3) the proposed development will not
impact public access to coastal resources.
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ATTACHMENT "C"
Resolution No. PC 2009-31
Case No. 09-067 MUPMOD/CDP
Conditions of Approval
Applicant: North Coast Presbyterian Church
Location 1831 South El Camino Real (APN 262-062-15)
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on November 5, 2011 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 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 October 21, 2009, consisting of two (2)
sheets including (1) Site Plan (Sheet A2.1); and (2) Floor Plans (Sheet A2.2), all
designated as approved by the Planning Commission on November 5, 2009, and
shall not be altered without express authorization by the Planning and Building
Department.
SCA The conditions of approval pursuant to the San Diego County approval of
Major Use. Permit P74-66 dated effective April 7, 1974 as modified by the
City of Encinitas and subsequent Major Use Permit modifications still apply
to the subject development. The conditions contained herein augment the
original conditions of approval and subsequent modifications, and all
conditions of the previous entitlements remain in full force and effect unless
as specifically modified herein.
SCB The preschool shall accommodate up to a maximum of 49 children.
SCC Classrooms used by children for napping shall have smoke detectors installed.
SCD Prior to initiation of the daycare/preschool use 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)
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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 project.
SCE 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 initiation of use in reliance on this permit to
the satisfaction of the Planning and Building and Engineering Services
Departments and Fire Prevention Bureau. 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.
SCF The approval of this application is CONTINGENT upon the payment of Traffic
Mitigation fees for the intensified use as a daycare serving a maximum of 49
students. The applicant shall pay the Traffic Mitigation fee prior to using the
facility as a daycare i.e. Final Occupancx). If the applicant fails to pay the
appropriate Traffic Mitigation fee prior to use as a daycare, the City may
consider this as a violation of the MUP. The city may cause the applicant to
cease operation of the facility and require the applicant to pay the Traffic
Mitigation fee, interest for the past due amount, and any associated collection
costs. The applicable fee will be based on the current Traffic Mitigation Fee per
peak hour trip at the time of payment: As of the adoption of this specific
condition, currently this fee is $601/student x 49 students = $29,449.00.
SCG Any reduction from the 125 onsite parking spaces as shown on the site plan in
accordance with PC Resolution No 90-22 (approved on May 17, 1990) may
require a Major Use Permit Modification or a new use permit, and the applicant
shall contact the Planning and Building Department prior to undertaking any
such modification. Any substantiated evidence of parking problems may result in
a public hearing to be held by the Planning Commission to consider whether the
use permit should be modified or revoked to address the said parking shortfall,
including the possible reduction in the number of preschool students as approved
under this Major Use Permit.
SCH Prior to initiation of the daycare/preschool use in reliance of this permit, the
applicant shall complete construction of the four (4) foot sound wall along the
southern and a portion of the western perimeter of the playground perimeter as
shown on the approved site plan dated October 19, 2009 and as recommended by
the Noise Impact Analysis completed by Giroux and Associates dated September
22, 2009 to the satisfaction of the Planning and Building Department.
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SCI . Prior to initiation of the daycare/preschool use in reliance of this permit, the
applicant shall demonstrate the completion of an open space restriction over the
steep slopes on the subject property as delineated on the site plan pursuant to
California Coastal Commission File No. 06-90-160,, or the applicant shall cause to
have an open space restriction placed on the property to fulfill the requirements of
City of Encinitas Chapter 30.34 (Hillside/Inland Bluff Overlay) for steep slope
preservation. This shall be completed to the satisfaction of the Planning and
Building Director.
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 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 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.
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.
SIGNS
S l Any signs proposed for this development shall be designed and approved in
conformance with Encinitas Municipal Code Chapter 30.60.(Signs).
USE PERMIT
U1 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 of the authorized activity.
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.
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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 activities 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 of an amendment to the use permit and approval by
the authorized agency.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F20 FIRE ALARM SYSTEM: A California State Fire Marshal listed fire alarm
system is required and shall be designed and installed per NFPA 72, California
Fire Code and Encinitas Fire Department requirements.
E1 . 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
NAVD 88 datum; the NGVD 29 datum will not be accepted.
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