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2018-02 - EG r.rry Dir 0 a NOTICE OF DECISION Encinitas Development Services Department 0, A DEVE11 PIRMENTSFROCES II EPARTMEill' ............................... ........ ........ ............... Project Name: Garden View Parking Reduction Request: A Minor Use Permit to allow for the reduction of parking to accommodate medical off ice space for an existing two-story office building. Discretionary Actions: Minor Use Permit (MIN) CEQA Determination: Exempt DECISION: APPROVED ....................................................................................................................................... .......... .......... Project Number: 17-248 MIN PBD Number: 2018-02 Location: 499 N. El Camino Real Community: New Encinitas APN: 257-420-21-00 ........... Applicant: Bella Tierre Investments, LLC Representative: Chris Miller, Zoning Consultant Project Planner: Dan Halverson, Associate Planner, ............. ...... .......... Decision Date: February 8, 2018 Report Approval: ZAnna Yentile, Senior Planner ZTom Curriden, Principal Planner ................................ ........... SUMMARY AND KEY CONSIDERATIONS The project is a request for approval of a Minor Use Permit (MIN) to allow for the reduction of parking pursuant to the Encinitas Municipal Code (EMC) Section 30.54.020(k) to accommodate new medical is space inside an existing two-story office building. The project site is located at 499 N. El Camino Real within the Office Professional (OP) zone in the community of New Encinitas. (APN: 257-420-21) PROJECT NUMBER: 17-248 MIN FEBRUARY 8,201 PROJECT DESCRIPTION The project is proposing an approval of a Minor Use it to reduce e parking requirement for an existing ice building to I additional office space to ica ice. Minor Use Permit, with a site specific Parking Study, is required to authorize the ctio pursuant to EMC Section ( ). Based upon the results of site-specific parking study as required by that section, the applicant is requesting a nine-space reduction in arki requirement in conjunction it conversion of 9,161-square et of general office space within the center to medical office space. PROJECT ANALYSIS Background The original buit i the ro approved as an 8,030-square f t restaurant on August 27® 1992, as Case ®13 0 MUP/DR, Resolution o. PC-92-26. A medical office/clinic, allowed by right within the (Office r f ssio l) zone, as established on the site in ajor addition to the ical office building was approved on April 10, 1997, as Case No. -241 DR/EIA, Resolution DR/El No. PC-97-25. Another addition as approved December 8 2000, Case 4 otice of Decision o, DCD 2000-128. In 2003, the most recent addition was approved as Case No. 02-007 3 that brought the uil i to the current ix of medical and general office uses that operates today. Project f Characteristics: The project site is currently develo ith two-story 33,949-square foot medical and e l off ice use building with 141 parking spaces within a side roar portions of the property. project site is located wi i a community f New Encinitas and the General Plan Land Use and Zoning esi do is Office Professional ). The OP zone is intended to provide primarily forte development of professional and administrative o is s, with some accessory tail and services uses. The Community aact r Context for r e is Neighborhood Center within the community f New Encinitas. i r o nt r Community r c r context is distributed in ctivity centers corridors. Land uses are primarily retail, auto-oriented wit large surface arki lots. The project site is developed with two-story office building with surface r i i es and rear of the building. The table below summarizes t ra l Plan Designation, Zoning District, Overlay Zones, Community Chr ct on xt and other I e City plans that pertain to the project site: .... General I n: is rofe Professional ,. . . � .. ..._.._.f. ........................Plan:.........................................................................................o...�.. .. .... . ._.. .n mm........... ... ... ...................... .,... ...., ori !strict- Office rofessi n I ... .. . .............................................._.. _ _ ......... . ................................. ni v : Cultural/Natural s rc s; � ._. .. ... ,,.. ComtYCharacte r Context: �.........„.Nei.ghborhood Center .....°......................... Y..... ... ............_�_.. ......................�... None (7th.�.r...K'a Ci Plaru.`.... �, �„ rrd Law: No IVe�table State car.Fle royal Plarw �. .._ ... � ...... ..,...... .... °......°. ,2 of 11 PROJECT NUMBER: 17-248 MIN FEBRUARY8,2018 Adjacent Area: The project site is located it i community of New Encinitas. Large-lot professional and/or medical office i t s surround the ct, with the US Post is to the west, across El Camino la The table I ow summarizes the existing a 1 Plan, Zoning, Community Character a Use characteristics of the surrounding r fact sit �r ...,. , °. .... ,� .... ....... actin General Plan & Community c Use . .... _ _..° nir� District �Context ° IVorth General Commercial Neighborhood hborhocd Cntar Professional Cia Buildin...gs .... Office Professional I c th Ga naral rrifr�arcwal Neighborhood Canter Mecliical Office Buildings (GC) . ... °.......................................... ..�.° East Office Professional (OP) Neighborhood Professional Office Buildings e.. I 1 .. ........ ............. ......... West Public/Semi-Public ' b rhoo eater U.S. st Office General Dian Consistency The City f Encinitas General Plan includes a number of goals and policies that i development and land use it i the City. A discussion of how the project is consistent with applicable al Plan policies is summarized below: a 1 r Policy c nc x i f n s Policy 1® nc a project site is to within predominantly the types of commercial activities, occupied with existing is s medical office uses. which will s the community i reduction to ll existing 1 office to with a diverse economic base. converted to icall tal office use will contribute to the diversity con is base in the community. It will accommodate prof si ctitic a s and services f those Ilvin2 in the !t: s a E la m a n t P clicy 6.1 a The site is located within r commercial/office Permit commercial sas and land s are r sa tl concentrated. The pr ct is located other types of non-residential within the is e Professional (OP) General Plan Land Use development only in those s and a Designations. The OP zoning district allows for a where such I t variety of office uses. Residential development is located to presently is concentrated or the t of the rc ct site t is buffered from this property where indicated by the General n office c lax° The proposed i reduction Plan as long as such ill allow for more medical office uses within the building development does not result in the r in g study and will not result in land use conflicts land use conflicts ith with existing commercial esi nti I development that surrounding siati surrounds the site. LII:i..... tm oll 1 PROJECT NUMBER: 17-248 MIN Municipal FEBRUARY 8,2018 i proposed The e of include it i additions exterior modifications. Therefore, all existing is al characteristics of the site are maintained, and no ve ent standards are altered, beyond minor parking ratio changes based medical/ ice space uses. _ 2v Ic nt Standard... .. ... ct firs � li Y . Front r �.". c . t c an t lti sE No r Y r c a f et o c an t� existin Y .......... ... ...... .......... ®......... .......... t.............. .....�... ...... .... t ..........existing. ...........,.,.,.,,,..............................................,.,..........................,... .� .__ .... ..._.. H i hto 30 feet maximum IVY chin � tc� �xi�tln Yes ® No ® � ................�..........................................................._,m...m, � .,. ,... Lot Covers N.c...ch�n t� xistin Y ® �c .............................................................................. _.... .. Floor r Ratio- . c xi i � ............. ................................................,.. .................................., _ �mm r w , 1 space/250 mare feet 141 aces for General Office & 1 Space/200 of Medical Office use. r n-g'—Sect"I"on Below Parking With the last addition to the building in 2002, the ui in included ,1 5 square # t of medical erg 23,585 square feet of general office use, and 1,199 square feet of elevator and stair cores for total floor area of 33,949 are feet. Pursuant to ci 30.54.030 of ici I Code, parking must be provided at r ng space per each r feet of floor area for the is l office and 1 parking space per each 250 square feet of floor area for the general office use. The stair and elevator cores do not count as floor area so no parking is required or these areas. The current off icy mix for parking ism General m � _ .. .3 ..... t w w .. r e Ic I icy 1 q t 1120 4 aces required . __ .... fore Space 1..,199 N pare fit 0 �rkNn not r� r�rrd u Totals 33®949 square feet 140.`1 �.. spaces required 1r��n �spaces required ... Per Section 30.54.020K of the Encinitas Municipal Code, parking standards "may be adjusted to based on the results site-specific parking study with the issuance of a Minor Permit. Any i deviations in required e parking cep shall be recorded in covenant and shall be subject to on—going on-going review it ri ." The project applicant provided site-specific Parking Study Ace Parking Management, Inc., dated May 16, 2017, to justify the conversion of general office space into is ice space. The new proposed fixture of office space for purposes of parking is: General Office i.r.............. � c 1 1� acre f 112. . 7 .7 ...r c r ire .is is t � 112 cr ire ..... i r feet Ij i g p' , _k 3® 4 f t . .......... ..w . _ Totals .pc it 4 of V1 PROJECT NUMBER: 17-248 FEBRUARY 8,2018 The applicant's site-specific i ng Study reveals that the currently 75 percent leased building, minimum f 73 parking es percent f total aces) of the 141 spaces provided on-site were vacant and available at any given time ui the it workweek. The conversion of 9,161 square feet of general office space to medical office space would require iti a parking s (9,161 square f t / = 46 spaces) pursuant to EMC Section at 46-space requirement is well below the 73-space minimum vacancy rate observed in the site-specific Parki t , thus indicating that there will be sufficient parking available site to ate the v si of the 9,161 square feet of general office use to medical office use. Therefore, the reduced r requirement (1 41 spaces vs. 150 spaces) is warranted. Cultural Overlay Zone The project is located within Cultural Overlay e. According to the a l Plan Resource Management le nt, Figure ®3 , the r t is located in an area that has been identified for having low sensitivity for cultural resources. Additionally, the site had been previously disturbed (graded) to even two-story i building n surface i let. Since the sensitivity for cultural resources is low and the site has been previously disturbed no iti studies or analysis is required for the r os project. PUBLIC NOTICE AND PARTICIPATION Citizen Participation Citizen Participation r (CPP) notification letter was mailed on November 15, 2017, to property owners, occupants, and ei or groups within 500 feet the site. The notification e e described the r invited n interested parti the CPP meeting. The CPP meeting was held on November 28, 2017, at the i Hall Carnation Except fort the applicants, n tt the i comments were received. Public lc The Notice i do the i t Use Permit was ma2017,iled to ll property s and is within 500 feet of the project site to or who requested such oti e in ritin , in compliance with Encinitas Municipal Code Section 7 Additionally, as a courtesy, the i was posted at City Hall and on the Development i s Department's Internet site r "Public Notices" and via e-Project Source. Three i is were received in s ns to the lip notice for this project. One comment was from the lip who requested a staff report to acquire information about the r t and concerned about the vi t l decision. Staff s n via email showing e the plans and notice were posted the internet site. Staff is informed the f the li that this meeting was an administrative ea in the official oti f Decision (NOD) is the approving document that would include an in-depth decision vir e l consideration. The second t was received from of r member of the lice who is also an occupant of one of the suites in the project building. concerns raised e for the proposed r i reduction the impact to is business. He stated that he believes the i "study is 1 PROJECT NUMBER: 17-248 MIN FEBRUARY ,2018 incorrect flawed" in that e maintained only 12-23 spaces were available oft the days reported in the study. However, no evidence was submitted to if and support the claim. His letter was taken into consideration; however, the site specific Parking Study was field- verified the City's Traffic Engineer, who concurred it the findings of the stu The third comment came via email also and x r ss concerns over the process of reducing parking with i se Permit and traffic i the area. The parking reduction is for nine parking spaces and, again, ity's Traffic Engineer who concurred i the findings of the study validated the sitespecific Parking Study. Administrative Hearing An administrative hearing was held on Tuesday, January 9, 2018, for the project. Other than the applicant and representative no other members of the public attended the Administrative Hearing and o comments were received. ENVIRONMENTAL CONSIDERATIONS The project proposes to allow the reduction of parking to cco new a is is space inside xisti two-story ice building. The project is exempt from environmental review t tote California Environmental Quality Act (CEQA) Guidelines Section 15301(a). i elines Section 15301( ) exempts from i n nt l review the r ti and minor alteration of existing structures, which involve e i i I or no expansion, The project meets the criteria fortis exemption and none of the exceptions in i li es Section 15300.2 exist. DISCUSSION The proposed project is in conformance wit the ner l Plan and t rs 30.20 (Commercial Zones), and 30.54,020K (Parking e ctio n with a Minor Use Permit) of the cinit s Municipal No exterior modifications, additional square footage, or site improvements re proposed as part of this application. The project complies with all applicable deelo n standards of the Office rofessi al ( zone. The proposed medical office changes are compatible it surrounding i i s, structures and seso Through the Minor Use Permit, the project has been conditioned ro ri tely toe sure that the cs use ill not have any se impacts o the surrounding buit i s, businesses, land uses, and structures. FINDINGS Based an the findings ii Encinitas Municipal Code Section (Use Permit) and the aforementioned analysis, following has made the i with conditions: Finding for Use Permit Explanation of Finding � 1° e locati o n, s i z e, sin or T h e location, size, i a o p e tin operating characteristics f the characteristics oft o oe d medical and general proposed roect will be office uses, as conditioned, will be compatible with incompatible it r will adversely j cent uses, residences, it i s, and natural affect or will be materially resources. No exterior modification, additional square detrimental to adjacent ses, footage or site improvements ar e as a part residences, uil i „ �,. structures... or... f t w rot Il Irk utilities are i l c to s. !2 60f 11 PROJECT NUMBER: 17-248 iiV FEBRUARY 8,2018 Finding ...Use Permit Explanation Finding ... natural resources, with the project.consideration given to, but not limite to: a° The inadequacy of publl facilities, services and utilities to serve the proposed project, ., .... ° .... ........- b The unsuitabili of the site for he proposed parking reduction is for the conversion the the ty e and intensity of use or of general office space to medical office space inside development which is an existing ice center, Per the Parking t the proposed, and site is suitable for the intensity of use with the proposed reduction to the parking requirement for medical and general office uses because the site specific parking study submitted ith the application demonstrated, through obse ed parking inventory counts, that sufficient parking will be available to accommodate the conversion of general office space to medical office s ace. c. The harmful effect, it any, .. .... y ... on .. There are no environmental............... . .. ° is.. suss associated with °th environmental quality and the project. The project will not have a harmful effect natural resources of the City; on environmental quality or natural resources. It has been determined that the project is exempt from environmental review pursuant to California Environmental Quality Act ( E A) Section 15301 (a). The project meets the criteria for this exemption and none of the exceptions in CEQA Guidelines Section 15300,2 exist, .", . The impacts of the proposed The changes tote office use within the stg i xii .-.i ice project will adversely affect the park, as conditioned, is consistent with the policies of policies of the Encinitas General the General Plan and applicable ovisio s oft the Plan or the provisions of this Code; Encinitas Municipal Code. Per Section 30.54.020K of or the oinit s Municipal Code, parking standards "may be adjusted based on the results of a it -s eoi io parking study with the issuance of a Minor Use Permit. Any permitted deviations in the required number of parking spaces shall be recorded in a covenant an shall subject to on-going review monitoring." T operational o ar of risti of the s have a reviewed n yz it has been determined thathe s will continue to have sufficient parking with the proposed conversion n that the proposed otio conditioned, ill not adversely affect adjacent uses, residences, buildings, or natural resources. r jeo will be conditioned to record covenant prior to building permit issuance or initialing use in reliance of this permit. ......... 'of, 111: PROJECT UMBER; 17-24$MIN FEBRUARY 8,201 Finding for Use Permit Explanation of Finding .,..—_................ ....................................mm............................................................. 3. The project fails to comply with any The project, as conditioned, demonstrates compliance other regulations, conditions or with the applicable policies of the General Plan and policies imposed this Code. the zoning standards for the OP zone outlined in the Munid CONCLUSION The proposed roject is consistent with the General Plan and Encinitas Municipal Code. The project, as conditioned, will not have a significant effect on the environment. The proposed parking reduction to allow more medical office use within the office park meets all applicable development standards for the Office Professional (0 ) zone, will maintain existing parking spaces, and will be compatible with the surrounding area. Therefore, the project is hereby approved, based upon the findings and subject to the following conditions of approval, CONDITIONS S1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on rua 3, 2020 at ,, 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 fins 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 e appealed to the City Council within 15 days of the date of the determination. This project is conditionally approved as set forth on the application and project drawings stamped received by the City on October 17, 2017, consisting of 2 sheets including heet 01 Parking Site Plan and Sheet 02 Floor Plan of Suite B, all designated as approved by the Development Services Director on February 3, 2018 and shall not be altered without express authorization by the Development Services Department. SCA The following square footages shall be permitted with a mix of medical or general office use. The square footage of the medical office uses shall not be increased without prior City approval to ensure that adequate parking spats are provided in compliance with applicable Municipal Code requirements. • General Office: 14,424 square feet Medical• 1 ; 18,326 square feet SCB The following Engineering-related condition shall be co lets fulfi lied to the satisfaction of e Development Services Department- Prior to initiating se in reliance on this Minor Use Permit or the issuance of Certificate of cc arncy for any Tenant Improvement uilirn er it for Suites 100 and 13101, the applicant shall be responsible forte payment of Traffic of 11 PROJECT NUMBER: 17-248 MIN FEBRUARY 8,2018 Mitigation Fees resulting from the change in use from General is to Medical Off ice. G 1 STANDARD CONDITIONS- CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed tot City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.1 of the Municipal Code. G4 Prior to building permit issuancefinitiating; use in reliance of this permit, the owner shaII 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 Development Services Director. G5 The Owner(s) shall waive any claims of liability against the City and indemnify, hold harmless and defend the City and City's employees regarding any component oft City's approval, by executing an indemnity agreement in substantially the form as provided by the Development Services Department prior to building permit lissuancefinitiating use in reliance of this permit. G6 Approval of this request shall not waive compliance with any sections aft Municipal Code and all of applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G12 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 Development Services Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Development Services 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 combination thereof to the satisfaction aft Development Services ® All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Development Services Department. G13 Prior to any use of the project site pursuant t o t his permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Development Services Department. G14 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 it Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuancerinitiating use in reliance of this permit to the satisfaction of the Development Services Departments. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, Flood Control and Traff is Fees, applicable School District(s) regarding School Fees, the Fire 90f 11 PROJECT NUMBER: 17-248 MIN FEBRUARY8,2018 Department regarding Fire ii ti s cave Fees, and the applicable Utility Departments or Districts regarding Water r Sewer Fees. Required rin I be kept available and usable for the r in of owner/tenants vehi at l times, and may not be rented r conveyed separately from the office building. In the event that y of the conditions of this permit are not satisfied, the Development Services Department shall cause a noticed hearing to t before the t oiz to determine whether te City of nci it s should revoke this permit. Upon a showing of compelling u lic necessity e o st to at a noticed hearing, the i of ncinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. Nothing in is permit shall relieve the applicant from complying ih conditions and regulations generally imposed on activities similar in nature to the activity orize by this permit. Nothing in this permit s ll authorize the applicant to intensify authorized activity beyond that is is specifically escri e in this permit. 7 Any future modifications to the approved project will be reviewed relative tot the findings for substantial conor nc i use it contained in ection 30.74.105 of the Municipal Code. Modifications beyond the scope described therein ill require submittal n amendment to the use permit and approval by the t orize agency. 1 ENGINEERING CONDITIONS: REGARDING CONTACT THE DEVELOPMENT SERVICES DEPARTMENT WITH THE FOLLOWING CONDITION(S): All City Codes, regulations, n olicis in effect t the time of building/grading perm issuance shall apply. All drawings submitted for Engineering permits are required o reference the datum; the NGVD 29 datum will not be accepted. DISCLOSURES This notice constitutes a decision of the Development Services Department only for the discretionary entitlement. iti l permits, such s Building and Grading Permits, may required by the Development Services Department or other City Departments. It it property owner's and applicant's s on i ill to obtain alI necessary permits required for the o of project proposed. In accordance with the ovisio s of Municipal Code Section 1.12, the decision of the Development ices Department may be appealed to the City Council 15 calendar as of the date of this et r do appeal must be filed, accompanied by filing fee, prior to on e 15 1" cal@Udar day following to of this Notice of cisio . Any filing of 1 of 11 PROJECT NUMBER: 17-248 IN FEBRUARY 8® 201 appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Cede Section 1.12.020(10(1) until such time as an action is taken on the appeal. If you have any questions regarding this determination, please contact Dan Halverson, I �,,�� r r� '�I , �,E t�,��'"i or contact Associate fanner, at 760.633.2711 car b email at i��l! � ,' �� the Development Services Department, 505 South Vulcan Avenue® Encinitas, CA 92024 at 760m 633-2710or email ati ' ;x SIGNATURE Ro a'L it I ,ne 11 of 11