2019-23RESOLUTION NO. PC 2019-23
(CASE NO. 18-172 MUP/DR/CDP; APN: 294 - 411 ®)
WHEREAS, the Planning Commission conducted a noticed public hearing on the application on
June 6, 2019, at which time all those desiring to be heard were heard.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
APPROVES Case No. 184172 MUP/DR/CDP based on the following Environmental Determination and
Findings:
Section 1. California Environmental Quality Act (CEQA) Determination
Section 2, Discretionary Actions Findings
- i i i i 'i i 'i i , i �h i --' , I � i I,,
Finding for Major Use Permit,
, & , , . ................ . .....
plan tion of Finding
consideration given to, but not limited to:
Existing public facilities exist or conditioned to be
a., The inadequacy of public facilities,
constructed to serve the proposed project.
services airid Olities to serve the
se
b. The unsuitability of the site for the
e project, w th t e implementation of the
pe and intensity of use or
conditions of approval, will result in a project that is
development which is proposed,
Suitable for the site.
c. The harmful effect, if any, upon
The project, with the conditions of approvall, will not
environmentM quality and natura�
have a harmful effect upon tl--ie envlronmental quality
resources of the City,-
and natural resources of the City., The project was
considered under the Certified Final EnvironmentW
Impact
No. 98-306
"T"WDR/CDP). Therefore, the project has been
determfined to be exempt from environmental review
as per
Guidelines Section 15332,
7TIie proposec use, as conditioned, is consist—ent,wit"fi-
the policies of the General Mari[ and applicable
provisions of the RR-2 zone, wherein a park requires
the approvW of a Major Use Permit. The design
characteristics ol the proposed neighborhood park
has been reviewed airi�d ana�yzed and it has been
determined that the use, as conditioned, will not
adversely affect the policies of the General Plan or
De§jr ,. ,
1 The project design is inconsistent with the
General Plan and/or the provisions of the
Municipal Code.
inconsistent wit1h the Design Review
��;
Filno n four
.., m,u n IReview ,
IF � t � Fin di
ti .. , ., m
.�... .. ,
The Proposed project deshgn and site improvement
elements tints will enhance the imago,, of the property
and contribute pon itiv lly to the urrr..)unrndirng
rnighboarhod,.
.. ..
p r U % �id adversely "m
,
... w
...3°
evidence b u u � d uty
submitted o
old.
hetn „safety general n�nUf
demonstrate that n project
rq,:)wmnrnnu pity.
adversely affect the heallth, safety,, or general
welfare of the community. 'The project has been
conditioned appropriately to ensure that the health,
safety„ and general welfare of the communfty is
rnnainntalirnad,„
.......................................................................................,..................... ....... „,.µ....................
. The project would ld c u,u the surrounding
No evidence has been submitted or received toy
neighborhood to dapreo,Ruata materially in
indicate that the project will cause the surrounding
appearance or alu..mu,:m.
neighborhood to deprecWe materially in
appearance oIr value, The project will contribute
to:u the overall community crud provide
,positively
neighborhood park use withiri the community of
U...,ausadia.
Based on the findings for a Coastal Development
IP r lit as pen, Encinitas IMu i ipal Code
Section 30.80.090 (Coastal Development IP Irlumutt ) and the aforementioned analysis, Planning
Commission has made -the foHowing findings
to upp rt the approval, with conditions:
ns:
Flirndin fo lr Coastal Develm narnt P rrmnit
. The project is consistent with the certified
a t.Jr P r'rrnitro C '�igrn
Enot
Local Coastal Program f the City of
t� �aUo�plr� lrut IP rr�nit„
Encinitas.
the Iproject conforms to the provisions of the
E ncWt s IMunicipal Coda and the c rtufli d ILo al
o wstai Program.
2„ The proposed d deved opme nt conforms with
f hog proposed project compfies with at„rpi cawe
Public Resources Conde echonn 21000 and
dav iopment standards four the subject R113-2 zoine.
fo lllo W ng ( ) in that there are no
'The project was considered under the Certified
feasible rnnNgatii un measures or feasible
Firnai Environmental Impa t Report for the Standard
aUrnaflves available chich would
Pacific Homes Fritz-Hung Subdivision dated May
substantially iessen any significant adverse
2000 (Casa No. 98-306 TWDR/ IP). Therefore,
impact that the activity may have on the
the pro p ect has been determined to be e pt from
environment.
arnvirornmeri ai review as per California
Environmental Quality Act ( IF ) Guidelines
Section 15332.
. For projects; involving irng development
The proposed project is io cat d on Olympus Str ot
between the sea or other body of water
between Piraeus ,street and Caudor Street, to wIhich is
and the nearest public road„ approval shah
not between the first pubHc road avid the Pacific
!include specific finding that such
Ocean.
development is in conformity with the
public access and pii.jblic recreation
poHcies of Section 0200 at„ seq. of the
Coastal Act.
all of which are herein incorporated by reference. I
BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings
hereinbefore adopted by the Planning Commission, Case No. 18-172 MUP/DR/CDP is hereby
approved subject to the conditions in Exhibit B hereto.
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EXHIBIT "B"
Resolution . PC 201 9-23
Case No. 1 -17 UP /D1 ' DP
APPp¢ ntp City of Encinitas Parks rnd Recreation ID artmm°m nt
Location: 701 Oiympus Street ( P ., 254 - 411.54)
SC1 SPECIFIC CONDITIONS:
'This project is ndition llly approved as set forth on the PPUo tuorm and project drawings stamped
received by the City on IMay 29, 20,19, consisting of 24 sheets for time iMajor Use Permit, Design
Review P ermit and Coastal Development Permit Project plans, all designated pProv d by the
Planning Commission on June 6, 2019, and shall all rnot be It r d without express authorization by
the Development Ser0ces Department.
SCAB The toilowing conditions , h0 be completed and/or fupfnpp d to the satisfaction of the
Development Services Department,
,. A Southern California Coastal Water Research Project channei assessment shall be
submitted d .rid approved by the DeveV oprnent Services Department in murder to utflize the
power flow threshold.
3. Aa Storm Water Maintenance plan shall be prepared to ensure the professional maintenance,
repair, and replacement f the t rm water uwu liity BMP faciiities as necessary into
perpetuity. Throe covenant shafl also det lV the anticipated costs for the required
maintenance.
M
. The existing survey monuments ent s shown on heap 14249 shall be referenced irn the grading
plain and shall be protected in.-place., If any monument ent i disturbed or destroyed it shall be
replaced by a licensed hind surveyor and a Corner Record Ih all be filed with the you n of
aim Diego and shall be submitted to the Development Services Department pri or to project
completion.
The temporary corn true tion trafler shall comply with the provisions of Chapter 30.46 of the
IMu nicipal Coda and shall be removed from the subJect property upon completion of
construction of the proposed project.
. Ground- nnou.urnt d mechanical and electrical equipment shalh The screened through use of a wall,
fence, landscaping, berim, or combination orn th eiraat to the satisfaction of the Development
ent
Services Department.
ent.
10. hark shall be closed from dusk until dawn.
11.. Landscap1ing shall contain native and drought tolerant plants, where feasible and practical.
124 Park boundaries adjacent to residential property shall be delineated through fencing and the
fence delineation along the south lot lima, west of the radin , of Lest 15 shall be a visually
riper) fence or low landscaped to allow -h r unobstructed views of the park from Olympus
Street.,
SCB The following coindifions shall be ompleted and/or fulfilled to the satisfaction of the San
Dieguito Water District ( IDW D):
1,. The ualbject property is root currenfly being served.
2, The installation of a backflow prevention devise (RP) shall be required adjacent to the
landscape mater meter in accordance with SDWID standards.
,. The v I p r shall !install the water system according to Water Agencies' (WAS) standards.
4. Water rneters small the located in front of the parcel they are serving and outside of any
existing or proposed travel sways Gust of relocation is the responsibility f the owner
Appurtenances shape not be placed in roadside ditches.
. The owner shall show app existing and proposed water facilities on improvement ro / r
grading llama for the approval of SDWD,
. The owner small comply with the SDWD fees, charges, rules and regulations.
5TANDAIRD CONDITIONS:
CONTACT THE II)EVE L MIFN RVI IE DEPARTMENT REGARDING MI II ,,,,D t @ °1 Tl--1
FOILLOWING CONDITION(S).
2 This approval may be appealed ' t the City Council within 15 calendar days from the data of this
approval in accordance with Chapter 1. 12 of the Il unl 1pal Code.
Approval of this request small not waive ornlplua.rn with any secfions of the Municipal Code and all
inner applicable City reguiations in effect at the tlrnna of Bu iidiirn Permit issuance a nll ap cpfl ally
waived herein.
51
Nnet d pedestals, ducts and other facifities may be placed above ground provided they are
screened with landscaping,
U1 At all firnes during the effective period f this permit, the it sp irn plNe party shall obtaiirn and maintain
h valid force and effect, each and every license and pen-nit required ley a governmental agency for
the operation of the authorized activity,
M
I i 1 Any future modifications to the approved project will the reviewed relative to ft'ie findings for
substantial conformance with a design review perrrnit contained in Section 23.08.140 of the
Municipal .l Code. Modifications beyond the scope described th r 1n may it qU I re submittal of an
amendment to the design review p rmit and approval by the uthorized agency.
R3 Ail project grading shall conform with the approved plains. If ino grading is proposed our the
approved d 1pi n k or subsequent grading plans are inconsistent wwith the grading shown on the
approved plans, a design review permit for such grading shah be obtained from the authorized
agency of the City prior to issuance of grading or buaillding permits.
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CONTAar THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COIMPI IANCE Irl-I T IIEEE
FOLL.OWING CONDITION:
E1 ENGINEERING ERI I ITI NS.
CONTACT THE EVEL PME T SERVICES DI E',IFI TI I T REGARDING COMPLIANCE 1TI °I THE
IFOLLOW914G CONDITIONS:
The grading for this project is defined irn Chapter 23.24 of the Encinitas l u,uinUpai Code. Grading
hall be performed under the observation of a civil engineer whose responsibility shall The to
coordinate site inspection and testing to ensure complWice of the work with the approved grading
Ipl rn and submit required reports to the Ii evew oprnn nt Services Department to verify compliance
with Chapter 23,.24 of the (Encinitas Municipal ipal ode.
EG5 No grading shall occur outside the liirNts of the project unless letter of perrni ssion is obtained from
the owners of the affected properties.
M
ESW1 Storm Water Pollution Control Conditions
Grading projects with a disturbed area of greater than 1 acre MU t also meet additional
requirements -from the State Water Resources ontr l Board ( 'VII I ). Those diti n l
requirements IrICIUde fulling a Notice Intent (NOI) and preparing t rm t r Pollution
Prevention Ran (SWPFIFI) for review n ppr v u by the Clity.