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