2018-09 Revised (EG)REVISED RESOLUTION NO. PC 2018-09A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSIONAPPROVING A MINOR USE PERMIT, DESIGN REVIEW PERMIT ANDCOASTAL DEVELOPMENT PERMIT FOR A NEW OUTDOOR PATIO ANDSIGNAGE, CONSTRUCTION OF AN EXTERIOR FACADE UPDATE,INSTALLATION OF NEW LANDSCAPING, AND SITE IMPROVEMENTS ATAN EXISTING RESTAURANT BUILDING, LOCATED AT 266 NORTH ELCAMINO REAL.(CASE NO. 16-133 MIN/DR/CDP; APN: 259-121-21-00)WHEREAS, Starbucks Coffee submitted an application for a Major Use Permit, DesignReview Permit and Coastal Development Permit to authorize a drive-thru restaurant use andassociated on-site circulation improvements and directional signage, the construction of a newoutdoor patio area and signage, the construction of an exterior facade update and theinstallation of new landscaping, and site improvements at an existing restaurant building,located at 266 North El Camino Real, legally described in Exhibit A;WHEREAS, the Planning Commission conducted a duly noticed public hearing onFebruary 15, 2018 and approved Case No. 16-133 MUP/DR/CDP and adopted PlanningCommission Resolution No. PC 2018-09;WHEREAS, the City subsequently determined that the requirement for the Major UsePermit for the drive thru was unnecessary because the property has a fundamental vested rightto continue to operate the previously established drive-thru as a legal nonconforming use;WHEREAS, on May 9, 2018, the City of Encinitas City Council considered the case lawoutlined in the letter received from Sheppard Mullin Richter and Hampton LLP, during theirclosed session discussions;WHEREAS, the Planning Commission conducted a duly noticed public hearing on June21, 2018 to consider the revised application without the Major Use Permit component for thedrive-thru use; andWHEREAS, the Planning Commission reviewed the revised Planning CommissionResolution No. PC 2018-09 for a Minor Use Permit, Design Review Permit and CoastalDevelopment Permit for a new outdoor patio and signage, the construction of an exterior facadeupdate, installation of new landscaping, and site improvements.NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commissionhereby APPROVES Case No. 16-133 MIN/DR/CDP, based on the following EnvironmentalDetermination and Findings:Section 1. California Environmental Quality Act DeterminationThe project has been determined to be exempt from environmental review pursuant to CaliforniaEnvironmental Quality Act (CEQA) Guidelines Section 15301 (a). This CEQA Guideline Sectionexempts existing facilities which involve the interior or exterior alteration of things such asinterior partitions, plumbing and electrical conveyances. The key consideration for thisexemption is whether a project involves negligible or no expansion of an existing use. Currently,
the existing restaurant building totals 2,550 square feet. The project also proposes thedemolition of 150 square feet. The project also includes a new outdoor patio area totaling 321square feet. The new 321-square foot patio area consists of 176 square feet of existing buildingarea that has been converted to new patio space, and 145-square foot of new patio space. Withthe proposed demolition and conversion, the proposed interior building area will be 2,224square feet. The project will result on less building area then what is existing. Therefore, theproject meets the criteria for the exemption. None of the exceptions listed in Section 15300.2exist for the proposed project.Section 2. Discretionary Action(s) FindingsBased on the findings for a Use Permit as per Encinitas Municipal Code Section30.74.070 (Use Permit), the Planning Commission has made the following findings tosupport the approval, with conditions:Finding for Use PermitExplanation of Finding1. The location, size, design oroperating characteristics of theproposed project will beincompatible with or willadversely affect or will bematerially detrimental toadjacent uses, residences,buildings, structures or naturalresources, with considerationgiven to, but not limited to:a. The inadequacy of publicfacilities, services andutilities to serve theproposed project,The location, size, design or operating characteristicsof the proposed project will not be incompatible with,or adversely affect, or be materially detrimental toadjacent uses, residences, buildings, structures ornatural resources, as discussed below.The Camino Village Plaza shopping center wasconstructed prior to the City's incorporation in 1986.All public utilities are in place to serve the project andthere are no environmental issues associated with theproject.b. The unsuitability of the sitefor the type and intensity ofuse or development whichis proposed, andThe site is suitable for the type and intensity ofdevelopment proposed. The existing building area willbe reduced by approximately 326 square feet. Theexisting building area is 2,550 square feet, and withthe proposed demolition and conversion, theproposed interior building area will be 2,224 squarefeet. The project will result in less building area thanwhat is existing on the project site to date.The proposed wall signs and menu board signage aresuitable for the type and intensity of developmentproposed on-site. The signage is in scale with thebuilding and is compatible with the surroundingbuildings and uses. The height, length and area of thesigns are proportional to the height and length of thebuilding walls and metal canopy, on which they arebeing placed. The menu board signs are setback fromthe public street and softened with low landscapeplantings.
Finding for Use PermitExplanation of FindingThe proposed outdoor patio use is also a suitable usefor the site. The patio will be located within an existingcommercial shopping center, where non-residentialdevelopment is presently concentrated. A wide rangeof commercial activities, including general retail,restaurant, and other service-oriented usescharacterize the land uses within the shopping center.The outdoor patio will be compatible with the existingcommercial uses, and as conditioned, will notnegatively affect or conflict with the residentialdevelopment that is located to the west of the projectsite. The outdoor dining patio is located approximately570 feet away from the nearest residentialdevelopment.The project has been conditioned appropriately toensure that the proposed use will not have anyadverse impacts on the surrounding uses orneighborhood.c. The harmful effect, if any,upon environmental qualityand natural resources of theCity;The project will not have a harmful effect onenvironmental quality or natural resources. Theproject scope involves a minor alteration to an existingstructure. The project is exempt from environmentalreview pursuant to California Environmental QualityAct (CEQA) Guidelines Section 15301 (Class 1-Existing Facilities), subsection (a), of the CaliforniaEnvironmental Quality Act (CEQA) Guidelines, whichexempts minor exterior alterations to existingstructures. The project meets the criteria for theexemption. None of the exceptions listed in Section15300.2 exist for the proposed project.2. The impacts of the proposedproject will adversely affect thepolicies of the EncinitasGeneral Plan or the provisionsof this Code; orThe proposed use, as conditioned, is consistent withthe applicable policies of the General Plan andprovisions of the Encinitas Municipal Code.3. The project fails to comply withany other regulations,conditions or policies imposedby this Code.The outdoor area shall also comply with EMC Chapter9.32 (Noise Abatement and Control) and Chapter30.40 (Performance Standards).
Based on the findings for a Design Review Permit as per Encinitas Municipal CodeSection 23.08.080 (Design Review) and the aforementioned analysis, the PlanningCommission has made the following findings to support the approval, with conditions:Finding for Design ReviewExplanation of Findinga. The project design is inconsistent with theGeneral Plan, a Specific Plan or theprovisions of this Code.The project is consistent with the applicablepolicies of the General Plan. The project islocated in the General Commercial zone, andas intended by the General Plan, the project isa commercial use and located in an areawhere other commercial uses areconcentrated. The project will authorize a newrestaurant tenant to occupy a building that hasbeen sitting vacant for some time. The projectwill contribute to the elimination of blighted orunderutilized commercial properties along ElCamino Real, consistent with the goals andpolicies of the General Plan.The project is consistent with the developmentstandards in the Municipal Code includingChapter 30.20 (Commercial Zones), andChapter 30.80 (Coastal Development Permit).The project meets all of the applicabledevelopment standards for the GeneralCommercial (GC) zoning district includingsetbacks, lot coverage, floor area ratio, off-street parking requirements, landscaping, andbuilding height.b. The project design is substantiallyinconsistent with the Design ReviewGuidelinesThe project design is consistent with the City'sDesign Guideline recommendations.The project updates the existing buildingarchitecture with a more contemporary design.The building massing and scale is reducedthrough breaks in the wall planes and the use ofvarious building materials, which help providearchitectural interest, shadows and visual relief.The project's varied composition of buildingmaterials (i.e. natural wood, neutral stucco witha darker stucco base element, metal awnings,and metal roof elements etc.), contribute to themodern architectural design theme.The new outdoor patio achieves human scale atthe ground level. The proposed fencing, pottedlandscaping, and horizontal metal awningscontribute to the human scale of the project.Additionally, the outdoor area will be used for
Finding for Design ReviewExplanation of Findingopen-air dining and gathering, activating theshopping center and creating a transitionbetween indoor and outdoor uses. The newoutdoor space will contributes to the positiveimage for the shopping center as viewed fromthe street.The project proposes new wall signs, a canopysign, and menu board signs that are in scalewith the proposed development. The design ofthe proposed signage is visually tied togetherthrough the use of a coordinated color scheme(i.e. all channel letters are white, which ties inwith the white and green Starbucks logo, alldrive-thru signs are black with white lettering).The signage design complements the neutralcolor scheme of the building.The installation of updated landscaping aroundthe perimeter of the building complements themodern architectural design of the building. Theselected plant palette provides pops of color,texture and interest to complement thearchitectural elevations.c. The project would adversely affect thehealth, safety, or general welfare of thecommunity.The proposed use is compatible with theimmediately surrounding uses. No evidence thathas been submitted or discovered wouldsuggest that the proposed project wouldadversely affect the health, safety, or generalwelfare of the surrounding uses, residences orstructures.The project has been conditioned appropriatelyto ensure compatibility between the proposeduse and the surrounding uses, and to preservethe health, safety and general welfare of thecommunity.Additionally, the project is exempt from therequirements of CEQA, and no adverse impactsto the environment are anticipated.d. The project would tend to cause thesurrounding neighborhood to depreciatematerially in appearance or value.The proposed project is compatible with thesurrounding structures and uses. The neutralcolor scheme and building materials willcomplement the surrounding buildings withinthe shopping center. The proposed facadechange will give the vacant restaurant buildinga modernized and updated image, while
Finding for Design ReviewExplanation of Findingmaintaining a design that is complementary tothe adjacent buildings and structures.No evidence has been identified or receivedthat would suggest that the proposed projectwould cause the surrounding neighborhood todepreciate materially in appearance or value.The project will eliminate a vacant buildingfrom the unoccupied commercial buildingstock within the City, which contributes to theelimination of blighted or underutilizedcommercial properties along El Camino Real.Based on the findings for a Coastal Development Permit as per Encinitas Municipal CodeSection 30.80.090 and the aforementioned analysis, the Planning Commission has madethe following findings to support the approval, with conditions:Findings for Coastal Development PermitExplanation of Finding1. The project is consistent with the certifiedLocal Coastal Program of the City ofEncinitas; andThe project is consistent with policies of theCity's certified Local Coastal Program,consisting of the General Plan and MunicipalCode.Adherence to the development standards of theGeneral Commercial (GC) zone provided in theEncinitas Municipal Code, and the goals andpolicies of the General Plan ensure consistencywith the City's adopted Local Coastal Program.The project complies with all applicable goalsand policies of the General Plan and the City'sMunicipal Code, therefore the project isconsistent with the Local Coastal Programrequirements.2. The proposed development conforms withPublic Resources Code Section 21000 andfollowing (CEQA) in that there are nofeasible mitigation measures or feasiblealternatives available which wouldsubstantially lessen any significant adverseimpact that the activity may have on theenvironment; andNo potentially significant adverse impacts to theenvironment will result from the project. Theproject is exempt from environmental reviewpursuant to Section 15301 (a) of the CaliforniaEnvironmental Quality Act (CEQA) Guidelines.
Findings for Coastal Development PermitExplanation of Finding3. For projects involving developmentbetween the sea or other body of waterand the nearest public road, approval shallinclude a specific finding that suchdevelopment is in conformity with thepublic access and public recreationpolicies of Section 30200 et. seq. of theCoastal Act.The development is not located between thesea or other body of water and the nearestpublic road.The above environmental determination and findings are supported by the minutes, maps, andexhibits, all of which are herein incorporated by reference.BE IT FURTHER RESOLVED that based on the Environmental Determination andFindings hereinbefore adopted by the Planning Commission, Case No. 16-133 MIN/DR/CDP ishereby approved subject to the conditions in Exhibit B hereto.PASSED AND ADOPTED this 21st day of June, 2018 by the following vote, to wit:AYES:NOES:ABSTAIN:ABSENT:ATTEST:r•/ichael Glenn 0'Grady,^0hair/RoSap'uComisionicretaryNOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limitsfor legal challenges.
EXHIBIT "A"Rev/secf Resolution No. PC 2018-09Case No. 16-133 MIN/DR/CDPLEGAL DESCRIPTIONThat certain real property located in the City of Encinitas, County of San Diego, State ofCalifornia, more particularly described as follows:THAT PORTION OF PARCEL 2 OF PARCEL MAP NO 4274, IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTYRECORDER OF SAN DIEGO COUNTY AS FILE NO 75-335576 ON NOVEMBER 28, 1975, INBOOK OF PARCEL MAPS AT PAGE 4274, MORE PARTICULARLY DESCRIBED ASFOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEINGON THE WESTERLY LINE OF EL CAMINO REAL, 113.00 FEET WIDE AS SHOWN ON SAIDMAP; THENCE ALONG THE SOUTH LINE OF PARCEL 2, NORTH 88 DEGREES 49 FEET 15INCHES WEST 671.45 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONGTHE WEST LINE OF SAID PARCEL 2, NORTH 16 DEGREES 6 FEET 0 INCHES WEST647.11 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING ARADIUS OF 430.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 5 DEGREES 37FEET 7 INCHES EAST SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF VIAMONTORO, 60 FEET WIDE, DESCRIBED IN DEED RECORDED JULY 16, 1979 AS FILE NO79-293577, OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID CURVE AN ARCLENGTH OF 52.13 FEET THROUGH A CENTRAL ANGLE OF 6 DEGREES 56 FEET 46INCHES TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING ARADIUS OF 245.62 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 12 DEGREES 33FEET 53 INCHES WEST; THENCE CONTINUING ALONG SAID REVERSE CURVE AN ARCLENGTH OF 30.42 FEET THROUGH A CENTRAL ANGLE OF 7 DEGREES 5 FEET 42INCHES TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING ARADIUS OF 120.76 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 5 DEGREES 28FEET 11 INCHES EAST; THENCE ALONG SAID REVERSE CURVE AN ARC LENGTH OF22.41 FEET THROUGH A CENTRAL ANGLE OF 10 DEGREES 37 FEET 49 INCHES,THENCE CONTINUING ALONG THE SOUTHERN LINE OF VIA MONTORO, 65.00 FEETWIDE AS DESCRIBED IN DEED RECORDED MAY 23, 1995, AS INSTRUMENT NO. 95-0215030, OFFICIAL RECORDS, NORTH 73 DEGREES 54 FEET 0 INCHES EAST 517.00FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING ARADIUS OF 20.00 FEET; THENCEALONG SAID TANGENT CURVE AN ARC LENGTH OF31.42 FEE THROUGH A CENTRAL ANGLE OF 90 DEGREES 0 FEET 0 INCHES TO A POINTON SAID AFOREMENTIONED WESTERLY LINE OF EL CAMINO REAL; THENCE ALONGSAID WESTERLY LINE SOUTH 16 DEGREES 6 FEET 0 INCHES EAST 814.38 FEET TOSAID AFOREMENTIONED SOUTHEAST CORNER OF PARCEL 2 AND POINT OFBEGINNING.APN: 259-121-21-00
Applicant:Location:EXHIBIT "B"Rewsed Resolution No. PC 2018-09Case No. 16-133 MIN/DR/CDPStarbucks Coffee266 North El Camino Real (APN: 259-121-21-00)SC1 SPECIFIC CONDITIONS:SC2 At any time after two years from the date of this approval, on June 21, 2020, at 5 p.m., orthe expiration date of any extension granted in accordance with the Municipal Code, theCity may require a noticed public hearing to be scheduled before the authorized agency todetermine if there has been demonstrated a good faith intent to proceed in reliance on thisapproval. If the authorized agency finds that a good faith intent to proceed has not beendemonstrated, the application shall be deemed expired as of the above date (or theexpiration date of any extension). The determination of the authorized agency may beappealed to the City Council within 15 days of the date of the determination.SC5 This project is conditionally approved as set forth on the application and project drawingsstamped received by the City on January 18, 2018, consisting of 16 sheets including SheetG-0001 (General Information), Sheet G-0002 (Composite Site Plan), Sheet A-1000 (OverallSite Plan), Sheet A-1001 (Architectural Site Plan), Sheet A-1101 (Building Floor Plan),Sheet A-1501 (Building Roof Plan), Sheets A-2001 and A-2002 (Exterior Elevations), SheetA-3001 (Building Sections), Sheet A-5001 (Architectural Site Details), Sheet 1-1101(Demolition Plan), Sheet A-1102 (Interior Floor Plan), and Sheets IR-1.0, IR-2.0, L-1.0, andL-2.0 (Landscape and Irrigation Plans), and the Sign Plan stamped received by the City onJanuary 18, 2018, all designated as approved by the Planning Commission on June 21,2018, and shall not be altered without express authorization by the Development ServicesDepartment.SCA The following Planning related condition shall be completed/fulfilled to the satisfaction of theDevelopment Services Department:1. The restaurant at all times shall comply with Chapter 9.32 (Noise Abatement andControl) and Chapter 30.40 (Performance Standards) of the Encinitas Municipal Code,as it relates to noise thresholds as measured at the property line.SCB The following Engineering related conditions shall be completed/fulfilled to the satisfactionof the Development Services Department:1. The applicant shall be responsible for the payment of any and all applicable impactfees resulting from the outdoor dining including but not limited to Traffic MitigationFees and Flood Control Fees. The fees shall be assessed and paid as part of thebuilding permit for tenant improvements.2. Should the construction of the outdoor dining patio and ADA parking improvementsrequire the removal and reconstruction of more than 500 square feet of impervioussurface area, a structural BMP treatment facility shall be provided or theimprovements may be constructed of a permeable material. The site plan shallquantify the impervious areas removed and replaced.
SCC The following condition shall be completed/fulfilled to the satisfaction of the Parks andRecreation Department:1. All City street trees shall be protected in place per the Urban Forest ManagementPlan.G1 STANDARD CONDITIONS:CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCEWITH THE FOLLOWING CONDITION(S):G2 This approval may be appealed to the City Council within 15 calendar days from the date ofthis approval in accordance with Chapter 1.12 of the Municipal Code.G4 Prior to building permit issuance, the owner shall cause a covenant regarding realproperty to be recorded. Said covenant shall set forth the terms and conditions of this grantof approval and shall be of a form and content satisfactory to the Development ServicesDirector.G5 The Owner(s) shall waive any claims of liability against the City and indemnify, holdharmless and defend the City and City's employees regarding any component of the City'sapproval, by executing an indemnity agreement in substantially the form as provided by theDevelopment Services Department prior to building permit issuance and theDevelopment Services Director is hereby authorized to execute the same.G6 Approval of this request shall not waive compliance with any sections of the MunicipalCode and all other applicable City regulations in effect at the time of Building Permitissuance unless specifically waived herein.G8 Prior to issuing a final inspection on framing, the applicant shall provide a survey from alicensed surveyor or a registered civil engineer verifying that the building height is incompliance with the approved plans. The height certification/sur/ey shall be supplementedwith a reduced (8 Vi in. x 11 in.) copy of the site plan and elevations depicting the exactpoint(s) of certification. The engineer/surveyor shall contact the Development ServicesDepartment to identify and finalize the exact point(s) to be certified prior to conducting thesurvey.G11 All retaining and other freestanding walls, fences, and enclosures shall be architecturallydesigned in a manner similar to, and consistent with, the primary structures (e.g. stucco-coated masonry, split-face block or slump stone). These items shall be approved by theDevelopment Services Department prior to the issuance of building and/or grading permits.G12 All roof-mounted equipment and appurtenances, including air conditioners and theirassociated vents, conduits and other mechanical and electrical equipment, shall bearchitecturally integrated, and shall be shielded from view and sound buffered to thesatisfaction of the Development Services Department. Note: All rooftop equipmentshall be assumed visible unless demonstrated otherwise to the satisfaction of thePlanning & Building Department, and adequate structural support shall beincorporated 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 of the Development ServicesDepartment. All exterior accessory structures shall be designed to be compatible with theprimary building's exterior to the satisfaction of the Development Services Department.G 13 Prior to any use of the project site pursuant to this permit, all conditions of approvalcontained herein shall be completed or secured to the satisfaction of the DevelopmentServices 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 Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be madeprior to building permit issuance to the satisfaction of the Development ServicesDepartments. The applicant is advised to contact the Development Sen/ices Departmentregarding Park Mitigation Fees, Flood Control and Traffic Fees, applicable SchoolDistrict(s) regarding School Fees, the Fire Department regarding Fire Mitigation/CostRecovery Fees, and the applicable Utility Departments or Districts regarding Water and/orSewer Fees.G15 A plan shall be submitted for approval by the Development Services Department and theFire Department regarding the security treatment of the site during the construction phase,the on- and off-site circulation and parking of construction workers' vehicles, and any heavyequipment needed for the construction of the project.G18 In accordance with the provisions of the Off-Street Parking Design Manual, all parkingspaces (except handicapped spaces) shall be delineated by double-line striping consistingof 4-inch wide painted white lines one to two feet apart, and all parking areas with morethan one row of parking spaces shall have directional signs or painted directional arrowswhere one way travel is necessary to guide traffic, all of which shall be indicated in buildingplans and found satisfactory by the Development Services Department prior to finalapproval of the project's building permit. Adjacent to the sides of the parking lot landscapeislands, stalls shall be provided with a 12-inch wide concrete strip adjacent to the island'scurb.G21 Decorative use of neon or LED tubing or banding, such as tubing around windows or doorsor banding around the building exterior, shall not be allowed unless approved throughsubsequent design review permit modification(s). Temporary window signs are limited to25% of window area in accordance with Section 30.60.060 (N) of the Municipal Code.G22 All utility connections shall be designed to coordinate with the architectural elements of thesite so as not to be exposed except where necessary. Locations of pad mountedtransformers, meter boxes, and other utility related items shall be included in the site plansubmitted with the building permit application with an appropriate screening treatment.Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may beplaced above ground provided they are screened with landscaping.G24 Any wall, fence or combination thereof exceeding six feet in height and facing anyneighboring property or visible from the public right-of-way shall be subject to design reviewpursuant to Section 23.08.040 .A. 1 of the Encinitas Municipal Code. Where a minimum twofeet horizontal offset is provided, within which screening vegetation is provided to the
satisfaction of the Development Services Department, the fence/wall may not beconsidered one continuous structure for purpose of measuring height and may beexempted from design review provided none of the offset fences or walls exceed six feet inheight pursuant to Section 23.08.030.B.1.LANDSCAPINGL1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient LandscapeProgram), which requires a landscape and irrigation plan to be prepared by a Statelicensed landscape designer. The requirements for the plans are listed in Chapter 23.26.The landscape and irrigation plans including the required signature block of the Statelicensed landscape designer must be submitted as part of the building permit application forthe project.L2 All required plantings and automated irrigation systems shall be in place prior to use oroccupancy of new buildings or structures. All required plantings and automated irrigationsystems shall be maintained in good condition, and whenever necessary, shall be replacedwith new materials to ensure continued compliance with applicable landscaping, buffering,and screening requirements. All landscaping and irrigation systems shall be maintained ina manner that will not depreciate adjacent property values and otherwise adversely affectadjacent properties. All irrigation lines shall be installed and maintained underground(except drip irrigation systems).L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Codeand the City's Offstreet Parking and Design Manual incorporated by reference therein.L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the areabetween the front property line and the street) shall be permanently maintained by theowner, assigns or any successors in interest in the property. The maintenance programshall include normal care and irrigation of the landscaping; repair and replacement of plantmaterials and irrigation systems as necessary; and general cleanup of the landscaped andopen areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscapingand the site in general may result in the setting of a public hearing to revoke or modify theapproval. This condition shall be recorded with the covenant required by this Resolution.SIGNSS3 Signs are approved as submitted and as shown in the approved project plans. Anyalteration/addition to the approved signs not exempted in Municipal Code Chapter 30.60may require a permit amendment, and the applicant should contact the Planning & BuildingDepartment prior to undertaking any such modification.USE PERMITSU1 At alt times during the effective period of this permit, the responsible party shall obtain andmaintain in valid force and effect, each and every license and permit required by agovernmental agency for the operation of the authorized activity.U2 In the event that any of the conditions of this permit are not satisfied, the DevelopmentServices Department shall cause a noticed hearing to be set before the authorized agencyto determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the Cityof Encinitas, acting through the authorized agency, may add, amend, or delete conditionsand regulations contained in this permit.U4 Nothing in this permit shall relieve the applicant from complying with conditions andregulations generally imposed upon activities similar in nature to the activity authorized bythis permit.U5 Nothing in this permit shall authorize the applicant to intensify the authorized activitybeyond that which is specifically described in this permit.U6 The hours of operation are not limited, but shall be reviewed and may be limited by thePlanning Commission should substantiated complaints arise pertaining to the hours ofoperation.U7 Any future modifications to the approved project will be reviewed relative to the findings forsubstantial conformance with a use permit contained in Section 30.74.105 of the MunicipalCode. Modifications beyond the scope described therein will require submittal of anamendment to the use permit and approval by the authorized agency.DESIGN REVIEWDR1 Any future modifications to the approved project will be reviewed relative to the findings forsubstantial conformance with a design review permit contained in Section 23.08.140 of theMunicipal Code. Modifications beyond the scope described therein may require submittalof an amendment to the design review permit and approval by the authorized agency.DR3 All project grading shall conform with the approved plans. If no grading is proposed on theapproved plans, or subsequent grading plans are inconsistent with the grading shown onthe approved plans, a design review permit for such grading shall be obtained from theauthorized agency of the City prior to issuance of grading or building permits.B1 BUILDING CONDITION(S):CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THEFOLLOWING CONDITION(S):B2 The applicant shall submit a complete set of construction plans to the Building Division forplancheck processing. The submittal shall include a Soils/Geotechnical Report, structuralcalculations, and State Energy compliance documentation (Title 24). Construction plansshall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),section details, exterior elevations, and materials specifications. Submitted plans mustshow compliance with the latest adopted editions of the California Building Code (TheUniform Building Code with California Amendments, the California Mechanical, Electricaland Plumbing Codes). Commercial and Multi-residential construction must also containdetails and notes to show compliance with State disabled accessibility mandates. Thesecomments are preliminary only. A comprehensive plancheck will be completed prior topermit issuance and additional technical code requirements may be identified and changesto the originally submitted plans may be required.
F1 FIRE CONDITIONS:CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THEFOLLOWING CONDITION(S):F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addressesshall be placed on all new and existing buildings and at appropriate additional locationsas to be plainly visible and legible from the street or roadway fronting the property fromeither direction of approach. Said numbers shall contrast with their background, andshall meet the following minimum standards as to size: 4" high with a ^" inch strokewidth for residential buildings, 8" high with a 1/^" stroke for commercial and multi-familyresidential buildings, 12" high with a 1" stroke for industrial buildings. Additionalnumbers shall be required where deemed necessary by the Fire Marshal, such as rearaccess doors, building corners, and entrances to commercial centers.F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering tothe satisfaction of the Encinitas Fire Department.E1 ENGINEERING CONDITIONS:CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCEWITH THE FOLLOWING CONDITION(S):E2 All City Codes, regulations, and policies in effect at the time of building/grading permitissuance shall apply.E3 All drawings submitted for Engineering permits are required to reference the NAVD 88datum; the NGVD 29 datum will not be accepted.EG1 Grading ConditionsEG14 A grading permit shall be obtained for this project unless the proposed grading is exemptunder section 23.24.090 of the Municipal Code. If the proposed grading is exempt frompermit requirement, the Owner shall provide a precise site plan prior to approval of abuilding permit. The building site plan shall provide design for drainage improvements,erosion control, storm water pollution control, and on-site pavement.ED1 Drainage ConditionsED2A An erosion control system shall be designed and installed onsite during all constructionactivity. The system shall prevent discharge of sediment and all other pollutants ontoadjacent streets and into the storm drain system. The City of Encinitas Best ManagementPractice Manual shall be employed to determine appropriate storm water pollution controlpractices during construction.EDS The owner shall pay the current local drainage area fee prior to issuance of the buildingpermit for this project or shall construct drainage systems in conformance with the MasterDrainage Plan and City of Encinitas Standards as required by the Engineering ServicesDirector.ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.
ESW1 Storm Water Pollution Control ConditionsESW9 For storm water pollution control purposes, all runoff from all roof drains shall dischargeonto grass and landscape areas prior to collection and discharge onto the street and/orinto the public storm drain system. Grass and landscape areas designated for stormwater pollution control shall not be modified without a permit from the City. A note to thiseffect shall be placed on the Permit Site plan.