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2012-60 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2012-60 December 12,2012 This letter is to inform you that the Planning and Building Director has approved your application for the following Administrative Permit for properiy located in the City of Encinitas: 12-156 MIN (Center for Martial Arts/Mark Pattison) — A request for a Minor Use Permit to allow an approximately 2,621-SF inartial arts studio in an existing one-story, 5,393-SF, office professional building. No new signage or building square footage is proposed with this application. This property is located at 2122 Encinitas Boulevard, Suite 101 (APN 258-231-51) in the community of Olivenhain, zoned Office Professional (OP), and outside of the Coastal Zone. Project Description and Discussion: The subject suite is located within an existing 5,393-SF office professional building built under the County of San Diego prior to the City's incorporation in 1986. Pursuant to Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix), a martial arts studio located within the Office Professional (OP) zone requires the issuance of a Minor Use Permit. No administrative permit is required for the existing accounting firm in the building as it is a permitted use in the OP zone. Although no new signage or building square footage is proposed with this application, the building entry located at the southwest corner of the building will be remodeled. Because the entry renovation is considered a minor exterior alteration when compared to the building, the entry work is exempt from design review per Chapter 23.08 (Design Review). Except to the east where office professionaUcommercial uses are located near the intersection of Rancho Santa Fe Road and Encinitas Boulevard, single-family residential uses zoned Rural Residential-2 (RR-2) which permits a ma�cimum density of 2.0 dwelling units per acre surround the almost one-acre project site. Being lower than Encinitas Boulevard generally, the project site has direct access to and from Encinitas Boulevard over a gunite channel located within a 20-foot wide flowage easement that runs parallel to the frontage property line and separates the building from Encinitas Boulevard. A hand rail separates pedestrians on the sidewalk from the gunite channel along the property frontage. Trees and hedges along the street frontage screen the property from the view from Encinitas Boulevard. Parking Standard As stated previously, with the 2,621-SF inartial arts studio, the balance of the 5,393-SF building is occupied by a 2,772-SF accounting firm. Pursuant to Chapter 30.54 (Off-Street Parking), PBDIJD\\T1NOD\12-156 MIN Martial Arts NOD.doc Page 1 of 11 office professional uses (the accounting firm) and a martial arts studio are applied different parking standards. The required number of parking space for each use follows: Parking Standard Summarized Tenant Spaces Area Parking Standard per Required Parking Chapter 30.54 Spaces (Off-Street Parkin� Accounting Firm 2,772 SF 1 spaces/250 SF 11.09 Office Professional Martial Arts Studio 2,621 SF 1 spaces/200 SF 13.01 Dance Studio TOTAL Spaces Required 24.1 spaces TOTAL Spaces shown on Site Plan 25 spaces The martial arts studio and accounting firm will require 25 parking spaces. The proposed site plan shows a total supply of 25 parking spaces (including one ADA van-compliant parking space), which is an increase of six spaces from the original 19 parking spaces, to account for the martial arts studio. The six new parking spaces are located within an existing paved azea behind a fenced gate along the eastern property line. Therefore, the office professional site as proposed requires no additional parking in accordance with the Off-Street Parking Ordinance (Chapter 30.54) of the Municipal Code. In accordance with the Municipal Code, a bicycle rack for at least 3 bicycles and 4 motorcycle parking spaces are included in the parking lot design. The applicant will restripe the existing parking lot to meet current standards and would meet the design standards of the City's adopted Off-Street Parking Design Manual. Development Standards With approval of the Minor Use Permit application, the martial arts studio complies with all the applicable development standards of the OP zone. Since the project involves a minor use permit for a martial arts studio that is moving into an existing building, no additional square footage or changes in structural height proposed. The total height of the existing building is approximately 14 feet as measured from the adjacent existing/finished grade to the highest point. A maaLimum height of 30 feet is permitted in the OP zone. A maximum 6-foot tall wall and/or fence encloses the project site to adequately screen the parking area and minimize any noise or visual impacts to the surrounding residential properties. The OP zone requires that a minimum 15% of the project site must be landscaped for new projects. However, the project site includes existing landscaping (trees and a grass lawn) that covers approximately 43% of the project site, which far exceeds the minimum 15% standard per the underlying OP zone. The applicant has proposed new landscaping improvements (approximately 914 SF of new lawn, new groundcover, and a new walkway) in the area between the parking lot and Encinitas Boulevard resulting in the landscaping percentage of the project site PBD�.JD\\T1NOD\12-156 MIN Martial Arts NOD.doc Page 2 of 11 being increased to approximately 45%. The new installation of 934 SF of landscaping for the commercial/office professional building is less than the 1,000 SF thereby exempting the project from Chapter 23.23 (Water Efficient Landscape Regulations). No signage is proposed with this application. All future signage will be reviewed for consistency with Chapter 30.60(Signs) of the Encinitas Municipal Code. No construction is required other than the necessary interior tenant improvements required to support the proposed martial arts studio (and accounting firm). While tenant improvement work for the accountant firm portion of the building was permitted by Building Permit #12-1241 approved on October 30, 2012, tenant improvements for the marital arts studio will be permitted under a separate permit and be reviewed in accordance with all applicable Building and Fire codes through the standard plan-checking process. All applicable utilities and services are in place to support this development. Staff has determined that the project will not have an adverse effect on adjacent uses, natural resources, or any policy or provision of the Encinitas General Plan or Municipal Code. Public Participation The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter 23.06 of the Municipal Code. A public meeting was held on Wednesday, November 14, 2012 at the project site. All property owners and tenants within 500 feet of the project site were notified. Except for the applicants, there were no other attendees. The architect received one phone call inquiring whether a multi-family development was proposed to which the applicant responded no. The owner also received a letter of support from the nearest commercial neighbor. A standard public notification to all property owners and tenants within 500 feet of the project site was issued for the Minor Use Permit application, which allowed for a minimum 10-day comment period. No comments were received prior to the Administrative Public Hearing. The Planning and Building Department conducted an Administrative Public Hearing on Monday, October 15, 2012. With only staff present, the applicants, and one neighboring property owner in support at the public hearing, no objections or comments were received prior to the close of the Administrative Public Hearing. This approval is based on the following findings: FINDINGS FOR A USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, PBD\JD\5T1NOD\12-156 MIN Martial Arts NOD.doc Page 3 of 11 residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed proj ect; b. The unsuitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The application is a request for a Minor Use Permit to allow an approximately 2,621-SF inartial arts studio in an existing one-story, 5,393-SF, office professional building. No new signage or building square footage is proposed with this application. The existing office professional building is fully developed and all required parking and circulation improvements are in place. All applicable utilities and services are in place to support this development. Discussion: The Planning and Building Department has conducted an analysis of the application and has not identified any significant adverse impact to the subject property or surrounding properties which could result from the proposed use. Except to the east where office professionaUcommercial uses are located near the intersection of Rancho Santa Fe Road and Encinitas Boulevard, single-family residential uses zoned Rural Residential-2 (RR-2) which permits a maximum density of 2.0 dwelling units per acre surround the almost one-acre project site. All public utilities are in place to serve the project and there are no environmental issues associated with the project and it is exempt from environmental review pursuant to CEQA Guidelines Section 15301. Conclusion: The Planning and Building Director finds that the proposed project is compatible with the existing uses on the subject property and neighboring properties, and will not adversely affect or be materially detrimental to adjacent uses or natural resources. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts: The application is a request for a Minor Use Permit to allow an approximately 2,621-SF inartial arts studio in an existing one-story, 5,393-SF, office professional building. No new signage or building square footage is proposed with this application. The existing office professional building is fully developed and all required parking and circulation improvements are in place. All applicable utilities and services are in place to support this development. PBDUD\\T�NOD\12-156 MIN Martial Arts NOD.doc Page 4 of 11 Discussion: With the approval of the Minor Use Permit application as conditioned, the proposed use complies with all applicable development standards. All applicable utilities and services are in place to support this development. The proposed use will have no adverse impact on the policies of the General Plan or provisions of the Municipal Code. Conclusion: The Planning and Building Director finds that the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. With approval of the Minor Use Permit application as conditioned, the project as proposed will comply with all regulations, conditions, and policies of the Municipal Code. Environmental Review: The project has been deternuned to be exempt from environmental review pursuant to Sections 15301 of the California Environmental Quality Act(CEQA) Guidelines,which exempts the permitting of existing facilities that involve negligible or no expansion of the existing use. This approval is subject to the following conditions: SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on December 12, 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. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on November 2, 2012, consisting of one sheet including Sheet A0.2 (Site Plan), all designated as approved by the Planning and Building Director on December 12, 2012 and shall not be altered without express authorization by the Planning and Building Department. SCA The following shall be completed to the satisfaction of the Engineering Services Department. 1. All existing and proposed trash enclosures shall be fitted to comply with Storm Water Best Management Practice requirements including the trash enclosure that is proposed as relocated. The trash enclosure shall have an impervious, non- combustible roof that will not allow rain water to enter the enclosure. The dumpster shall be lockable and locked when not in use. A berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of storm water through the trash enclosure area. The berm can be PBDWD\\T�NOD\12-156 MIN Martial Arts NOD.doc Page 5 of 11 designed wide and flat to allow rolling of the dumpster in and out. The enclosure shall be self-contained OR may have a drain that discharges through an adequately-sized oil/grease separator and then is filtered through a City-approved hydrocarbon filter and discharged into the public sanitary sewer system not to planters or the storm drain system. A separate building permit may be required forthis structure. 2. The area of any pavement or other impervious surface that is removed and replaced as part of the proposed site improvements shall be subject to Storm Water Quality Treatment requirements. The runoff from these areas shall be routed to landscaped areas or other approved Best Management Practices prior to collection into the stormdrain system or discharging into the street. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to the building permit issue,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 hannless and defend the City and City's employees relative to the action to approve the project. GS 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. 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. PBD\JD\\71NOD\12-156 MIN Martial Arts NOD.doc Page 6 of 11 SIGNS S 1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60 or the adopted sign program for the office professionaUcommercial center. Signage shall be reviewed and approved under separate permits. USE PERMITS U1 At all times during the effective period of this pernut, the responsible party shall obtain and maintain in valid force and effect, each and every license and pernut 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 pernut. 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 pernut shall relieve the applicant from complying with conditions and regulations generally imposed upon activities similaz in nature to the activity authorized by this pernut. US 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. LANDSCAPING 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 imgation lines shall be installed and maintained underground (except drip irrigation systems). PBD\JD\\l1NOD\12-156 MIN Martial Arts NOD.doc Page 7 of 11 L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City's Off-street Parking and Design Manual incorparated 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 owner, assigns or any successors in interest in the property. The maintenance progam 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. LS All masonry freestanding, retaining walls, or similar visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering Services and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. 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. F1 FIRE CONDITION(S): CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single- Family residential driveways; serving no more than four single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access PBD\JD\\TNOD\12-156 MIN Martial Arts NOD.doc Page 8 of 11 roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F13 ADDRESS NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 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 coverinQ to the satisfaction of the Encinitas Fire Department. 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 Draina�e 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 PBD\JD\\T1NOD\12-156 MIN Martial Arts NOD.doc Page 9 of 11 Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. EDS The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ES 1 Street Conditions ESS 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. ESW1 Storm Water Pollution Control Conditions ESWS 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. This notice constitutes a decision of the Planning & Building Department only. Additional permits, including Building Permits, may be required by the Building Division or other City Departments. It is the property owner's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed to the City Council within fifteen (15) calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 15�h calendar day following the date of this notice of decision. PBDIJD\1T1NOD\12-156 MIN Martial Arts NOD.doc Page 10 of 11 If you have any questions regarding this determination, please contact J. Dichoso at the Planning and Building Department by telephone at (760) 633-2681. �_�� �o''-������zc� / Patrick Murphy Planning& Building Director PBD\JD\\'f�NOD112-156 MIN Martial Arts NOD.doc Page 11 of 11