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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. I illillilill!llllllll !y1111 I tA 1 1 q i�i�iliii 111 1111 1 MA 11 11,�����ll � M m 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. 41111�' 011111111111111 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.