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2010-19RESOLUTION NO. PC 2010-19 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR AN EXISTING RESTAURANT ESTABLISHMENT TO MODIFY THE EXTERIOR DESIGN TREATMENT OF THE ENTIRE BUILDING AND ASSOCIATED IMPROVEMENTS FOR A PROPERTY LOCATED AT 1108 SOUTH COAST HIGHWAY 101 (CASE NO. 10-071 ADR/CDP; APN: 258-316-01, -02, -03) WHEREAS, a request for consideration of a Design Review Permit and Coastal Development Permit was filed by Eric Leitstein of "101" to allow for an existing restaurant establishment to modify the exterior design treatment of the entire building and construct associated improvements, in accordance with Chapters 23.08 (Design Review), Chapter 4.0 of the Downtown Encinitas Specific Plan (Design Recommendations), and Chapter 30.80 (Coastal Development Permit) of the Municipal Code, for the property located in the Downtown Encinitas Specific Plan, Downtown Commercial Mixed 1 (D-CM-1) zone and Coastal Zone of the City of Encinitas, legally described as: (SEE ATTACHMENT "A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on October 21, 2010, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: The October 21, 2010 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, Downtown Encinitas Specific Plan and associated Land Use Maps; 3. Any oral evidence submitted at the hearing; 4. Colored elevations and material board received by the City of Encinitas on June 14, 2010; 5. Project drawings consisting of seven sheets including a Site Plan (Sheet AS-1), Floor Plan (Sheet A1.0), Floor Plan (Sheet Al. 1), Site Photo Survey (Sheet AS- 2), Elevations (Sheets A2.2 and A2.3) all stamped received by the City of Encinitas on September 7, 2010; a Roof Run-Off Plan stamped received on September 22, 2010; colored elevations and material board stamped received by the City of Encinitas on June 14, 2010; and PBD/TGM/tAreso1utions\rpc10-071 ADRCDP - 1- WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application No. 10-071 ADR/CDP subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project is exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Section 15301. Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's detennination. PASSED AND ADOPTED this 21St day of October, 2010, by the following vote, to wit: AYES: Felker, Shannon, Steyaert NAYS : O'Grady ABSENT: Brandenburg ABSTAIN: None 9-~ I Mark Steyaert, Ch ' of the Encinitas Planning Commission ATTEST: P trick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD/TGM/tAresolutions\rpc 10-071 ADRCDP - 2- ATTACHMENT "A" Resolution No. PC 2010-19 Case No. 10-071 ADR/CDP LEGAL DESCRIPTION PARCEL A: LOT 1 IN BLOCK 11 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 12, 1883. EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED JANUARY 21, 1937 IN BOOK 606, PAGE 360 OF OFFICIAL RECORDS. PARCEL B: LOT 2 IN BLOCK 11 OF ENCINITAS, IN THE COUNTY, OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 12, 1883. EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED APRIL 8, 1936 IN BOOK 482, PAGE 408 OF OFFICIAL RECORDS. (APNS: 258-316-01, -02, -03) PBD/TGM/t:\resolutions\rpc 10-071 ADRCDP - 3- ATTACHMENT "B" Resolution No. PC 2010-19. Case No. 10-071 ADR/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: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts/Discussion: The Design Review Permit and Coastal Development Permit request was filed to allow for an existing restaurant establishment to modify the exterior design treatment of the entire building. No changes to the existing alcohol beverage license are being proposed with this application. No usage of an exterior patio to the south of the existing restaurant building is being requested at this time. The subject property is located in the Commercial Mixed 1 (D-CM-1) zone of the Downtown Encinitas Specific Plan and the Coastal Zone of the City of Encinitas. The subject application was reviewed for conformance with the General Plan, Local Coastal Program, and Chapters 23.08 (Design Review), Downtown Encinitas Specific Plan, Chapter 4.0 of the Downtown Encinitas Specific Plan and 30.80 (Coastal Development Permit) of the Municipal Code. A review of the application has been conducted by the Planning and Building Department and by the Planning Commission. All applicable standards of the Municipal Code, General Plan, and Downtown Encinitas Specific Plan have been found to be satisfied by the subject application (as condition) and project drawings. Conclusion: Therefore, the Planning Commission finds that the project design is consistent with the General Plan, Downtown Encinitas Specific Plan, and the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Recommendations of the Downtown Encinitas Specific Plan. Facts: Chapter 4.0 of the Downtown Encinitas Specific Plan contains Design Recommendations pertaining to design, site layout, building design, landscape design, privacy, and security with which the authorized agency must find the project substantially consistent in order to grant approval. Additionally, Section 4.5.2 (General Commercial Recommendation for Compatibility and Context) of the Downtown Encinitas Specific Plan (DESP) has specific design recommendations for commercial developments within the D-CM-1 zone. Discussion: The. scale and bulk of the project within the Downtown Encinitas Specific Plan is consistent with the proportions of the existing buildings in the area as noted in the PBD/TGM/tAresolutions\ pc 10-071 ADRCDP - 4- General Commercial Recommendations Section 4.5.2.C (Scale and Bulk). The proposed new fagade at the front east elevation as seen from South Coast Highway 101 has been designed of tasteful natural materials. Exterior wall planes (as encouraged by Section 4.5.2.C.1 of the DESP) are further offset by utilizing two (2) different tones of paint, corrugated metal paneling, weathered steal paneling, reclaimed wood trellis features and various accent elements to breakup the massing of the project. The proportion, size and shape of the renovated building are compatible with existing structures in the same area as encouraged by Section 4.5.2.C.9. As per Section 4.5.2 (General Commercial Recommendation for Compatibility and Context) of the Downtown Encinitas Specific Plan (DESP), the project provides a modern design, raising the building vertically near the center of the existing building along the South Coast Highway 101 street frontage to a height of 21.5 feet. This design also maintains the horizontal elements of the existing restaurant fagade as seen from South Coast Highway 101 and West J Street. The project provides significant wall articulation at the pedestrian street level, by utilizing the existing plaster on the building on the north and south elevations while adding a modern corrugated metal panel to the center front portion of the restaurant building as an accent piece and various reclaimed wood trellis features to be placed along the east and north elevations. The stucco will be painted a sand color on the south elevation and a brick-red color on the north elevation and part of the west elevation. A review of the application has been conducted by the Planning and Building Department and by the Planning Commission. All applicable standards of the Municipal Code, General Plan, and goals of the Downtown Encinitas Specific Plan have been found to be satisfied by the subject application (as conditioned) and project drawings. Conclusion: Therefore, the Planning Commission finds that the project design is substantially consistent with the Design Recommendations of the Downtown Encinitas Specific Plan. C. The project would adversely affect the health, safety, or general welfare of the community. Facts: The application requests to allow for an existing restaurant establishment to modify the exterior design treatment of the entire building. The project lies within the Downtown Commercial Mixed 1 (D-CM-1) zone within the Downtown Encinitas Specific Plan and the Coastal Zone. Discussion: The restaurant as designed is a continuation of the pre-existing restaurant use (which is permitted by right) with no proposed modification to the existing footprint of the building or change in use at this time. The restaurant use will be in compliance with Municipal Code requirements. As the restaurant use is permitted by right in the DESP, under the provisions of Section 3.3.30a of the Downtown Encinitas Specific Plan, a proportional share of the on-street parking shall be counted towards the required number of parking spaces for non-residential uses for a development site within the subject zone. No additional parking is required for this use until such time this restaurant use expands beyond the scope of work contained herein PBD/TGM/t:\resolutions\rpc 10-071 ADRCDP - 5- by means of additional restaurant floor area or outdoor dining areas on the private property. The parking is compliant with DESP provisions. Additionally, no additional traffic trips will be generated from this permitted use, since there is no physical expansion beyond the existing restaurant configuration. A Noise Impact Analysis prepared by Eilar Associates, Inc. was received by the City of Encinitas on October 13, 2010 to review the potential noise impacts of the restaurant. An onsite inspection was conducted by Eilar Associates, Inc. to verify conditions and the existing noise environment at all property lines of the existing restaurant facility. The nearest sensitive receiver is a residence located at 1153 Second Street which is approximately 260 feet to the southwest of the restaurant, according to the report. Sensitive receivers include residential and other land uses with sleeping facilities as such. Neighboring properties to the north, south, east and west are all commercial properties. As per Chapter 9.32, (Noise Abatement and Control), and Chapter 30.40, (Performance Standards), of the Encinitas Municipal Code, the property line noise limit for nighttime (the hours between 10:00 p.m. and 7:00 a.m.) is 50 decibels and 55 decibels for the hours between 7:00 a.m. and 10:00 p.m. The nighttime property line noise limit is 45 decibels at the nearest residential property line and 50 decibels for the nighttime limit. As designed, the proposed restaurant will be in compliance with the daytime and nighttime limits with 35.7 decibels at the north property line, 40.3 decibels at the south property line, 49.4 at the east property line and 38.5 at the west property line when the mixed use/multi-family standard is a 50 decibel limit at the nearest receiving property lines for nighttime. The nearest residence to the south would receive a maximum hourly dBA of 30.6. This is assuming that live amplified music would be present within the restaurant establishment which it currently is not proposed at this time. Additionally, the applicant has proposed mass-loaded vinyl to the wall assemblies and insulation, and the walls are much thicker than a typical wall assembly used. As the study has shown, noise levels at all surrounding property lines are expected to remain in compliance with all applicable Municipal Code requirements related to noise. The project was routed to the Encinitas Sheriff's Division to review the application. No comments were received related to the existing restaurant having crime-related incidents or continuous complaints due to noise or other nuisances at the subject property. Additionally, the Sheriff's had no additional conditions to add to this project. The exterior patio will not be used at this time. Smoking is not permitted on-site within the restaurant or on the exterior patio area as per Chapter 11.09 of the Encinitas Municipal Code. The project has been determined to be exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Section 15301.. Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Conclusion: Therefore, the Planning Commission finds that the project will not adversely affect the health, safety, or general welfare of the community. PBD/TGM/tAresolutions\rpc 10-071 ADRCDP 6- d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The subject site is located in the Downtown Encinitas Specific Plan area on the southwest corner of South Coast Highway 101 and West J Street. The existing restaurant (formerly known as "When-In-Rome", now proposed as "101") is proposing to use the existing restaurant space without expanding the existing use. The only physical changes to the building at this time include the changes on the exterior of the building and updating the interior of the building. The surrounding neighborhood consists of a commercial restaurant directly to the north (zoned D-CM-1), an existing dance studio/office complex exists across the alley to the west (zoned D-CM-2), an existing retail store and parking lot exist to the north across West J Street and also to the west across South Coast Highway 101 (both zoned D-CM-1). Discussion: The existing restaurant as shown will be enhanced from the current condition to a more modern design. The project provides significant wall articulation at the pedestrian street level, by utilizing the existing plaster on the building on the north and south elevations while adding a modern corrugated metal panel to the center front portion of the restaurant building as an accent piece and various reclaimed wood trellis features to be placed along the east and north elevations. The stucco will be painted a sand color on the south elevation and a brick-red color on the north elevation and part of the west elevation. The existing wood siding on the west elevation will also be painted a sand tone color. Steel weathered panels are shown at the base of the front west elevation to add additional contrast to the project. The project utilizes the rear alley for access as encouraged by the Specific Plan. The landscape palette remains unchanged; however functional Best Management Practices (BMP's) for storm water treatment are being proposed to treat the storm water on-site. The project is compatible in design and function with adjacent uses surrounding it. A Noise Impact Analysis prepared by Eilar Associates, Inc. was received by the City of Encinitas on October 13, 2010 to review the potential noise impacts of the restaurant. An onsite inspection was conducted by Eilar Associates, Inc. to verify conditions and the existing noise environment at all property lines of the existing restaurant facility. As designed, the restaurant will be in compliance with the daytime and nighttime limits of the Municipal Code. The project was routed to the Encinitas Sheriff's Division to review the application. No comments were received related to the existing restaurant having crime related incidents or continuous complaints due to noise or other nuisances at the subject property. Conclusion: Therefore, the Planning Commission finds that the project will not cause the surrounding neighborhood to depreciate materially in appearance or value. PBD/TGM/tAresolutions\rpc 10-071 ADRCDP - 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 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 project lies within the Commercial Mixed 1 (D-CM-1) zone within the Downtown Encinitas Specific Plan. The application includes a request for a Design Review Permit and Coastal Development Permit for an existing restaurant establishment to modify the exterior design treatment of the entire building. No changes to the existing alcohol beverage license are being proposed with this application. No usage of an exterior patio to the south of the existing restaurant building is being requested at this time. Discussion: With approval of the Design Review Permit the project conforms to the Encinitas Municipal Code. The project has been determined to be exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Section 15301. Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; the project site has no value as habitat for endangered, rare or threatened species; the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The subject site is located on fully disturbed property consisting of a parking lot and an existing 5,497-square-foot commercial structure and 400-square-foot storage shed. The site is located adjacent to the. South Coast Highway 101 and West J Street rights-of-way in the Downtown Encinitas Specific Plan, which is not 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) no mitigation measures will be implemented or required with the project since no significant adverse impacts have been PBD/TGM/t:\resolutions\rpe 10-071 ADRCDP - 8- identified that the activity may have on the environment; 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. PBD/TGM/t: \resolutions\ pc 10-071 ADRCDP - 9- ATTACHMENT "C" Resolution No. PC 2010-19 Case No. 10-071 ADR/CDP Applicant: Eric Leitstein; "101" Location: 1108 South Coast Highway 101 (APN: 258-316-01, -02, -03) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, October 21, 2012 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 consisting of seven sheets including a Site Plan (Sheet AS-1), Floor Plan (Sheet A1.0), Floor Plan (Sheet Al. 1), Site Photo Survey (Sheet AS-2), Elevations (Sheets A2.2 and A2.3) all stamped received by the City of Encinitas on September 7, 2010; a Roof Run-Off Plan stamped received on September 22, 2010; colored elevations and material board stamped received by the City of Encinitas on June 14, 2010, all designated as approved by the Planning Commission on October 21, 2010, and shall not be altered without express authorization by the Planning and Building Department. SCA The plans to satisfy the following conditions shall be approved and secured to the satisfaction of the Engineering Services Department prior to issuance of the building permit: 1. The owner/applicant shall provide standard storm water treatment BMP/IMPS to treat the runoff generated by the new roof area and as much of the existing roof as possible. The roof and all downspouts from this replaced roof shall drain to landscaping or another City approved BMP/IMP. 2. The roof drains shall not be directly connected to the proposed sidewalk underdrain pipes. The roof runoff shall flow through the planters before discharging off-site. The roof runoff shall flow through the planters before discharging off-site. Special attention shall be taken during construction to ensure that the roof drains are not directly connected. 3. Prior to the issuance of a building permit, the owner/applicant shall obtain from the Engineering Services Division a permanent Encroachment Permit and record an Encroachment Maintenance and Removal Covenant for the existing awning as well as the existing ground level lighting and brick surrounding the building. PBD/TGM/t:\resolutions\rpc 10-071 ADRCDP _10- SCB The following conditions shall be completed/fulfilled to the satisfaction of the San Dieguito Water District prior final Certificate of Occupancy of building permit: 1. An approved reduced pressure backflow device must be installed and certified, prior to final inspection. SCC Parking lot lighting and security lighting for the commercial uses shall be appropriately shielded so as not to spill over to adjacent properties. Free standing light standards shall be no taller than eighteen (18) feet measured from adjacent grade. SCD The outdoor patio area to the south of the restaurant building shall not be used without first obtaining required permits, which may include a Use Permit and/or Design Review Permit modification. For advisory purposes, any future use of the exterior patio will be limited to 10:00 p.m. Additional permits may be necessary for use of this outside area. SCE The owner/applicant shall file and record a Certificate of Compliance to merge all three underlying lots, prior to Certificate of Occupancy for said building permit for the exterior improvements. Said Certificate of Compliance shall be recorded with the County Recorder's Office to the satisfaction of the Planning and Building Department. SCF Any change or reconfiguration to the existing parking lot layout (shown on the approved site plan dated October 7, 2010), shall be approved by the Planning and Building Department prior to any modification or restriping of the parking lot being permitted. SCG The owner/applicant shall maintain the fire sprinkler system throughout construction to the satisfaction of the Fire Department. SCH No live entertainment is proposed at this time. For advisory purposes, any future live amplified entertainment conducted with openings to the public right-of-way or to adjacent properties may require a Minor Use Permit and/or additional acoustical analysis under the provisions of the Downtown Encinitas Specific Plan. Specific Conditions added by the Planning Commission at the October 21, 2010 Public Hearing: SCI The four roll-up windows shown on the east elevation of the approved project plans dated September 22, 2010, shall be closed shut at 10:00 p.m. until closing every night of the week and shall not be opened until the start of business the following day to the satisfaction of the Planning and Building Department. SCJ The exit shown on the south elevation shall be an emergency exit only, with signage posted on the inside and outside clearly demonstrating the intent of this exit. Panic- hardware and-any required alarm(s) shall be installed on this exit to the satisfaction of the Fire Department and Planning and Building Department. SCK Two. 24-inch box trees shall be installed in front of the south-facing elevation of the building to the satisfaction of the Planning and Building Department prior to Certificate of Occupancy of the building permit. These trees shall be shown on a landscape plan submitted with the building permit plancheck set of plans for the exterior elevation changes to the satisfaction of the Planning and Building Department. PBD/TGM/t:\resolutions\rpc 10-071 ADRCDP - 11- GI 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. 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's employees relative to the action to approve the project. 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. 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 '/2" x 11") 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. G10 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. G11 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 demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building 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 PBD/TGM/tAresolutions\rpc 10-071 ADRCDP -12- 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. 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. 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 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 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. 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. L1 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 project. 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). L3 All parking areas and driveways shall conform to Chapter 30.54 of the Municipal Code and . the City's Off-street Parking and Design Manual incorporated by reference therein. 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 PBD/TGM/t:\resolutions\-pc 10-071 ADRCDP -13- 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. 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. 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. 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. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F13 ADDRESS NUMBERS: STREET 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: 4" high with a 3/8" stroke for residential buildings, 8" high with a '/z" stroke for commercial and multi-family residential buildings, 12" high with a 1" stroke for industrial 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. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. PBD/TGM/t:\resolutions\rpc 10-071 ADRCDP -14- B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(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. 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. EG1 Grading Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. ED1 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. PBD/TGM/t:\resolutions\rpc 10-071 ADRCDP - 15- 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. ES10 Improvements 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. EU1 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 ESW5 The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A 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. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Permit Site plan. PBD/TGM/t:\-esolutions\ppc 10-071 ADRCDP -16-