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
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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.
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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)
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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
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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
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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.
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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.
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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 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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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