1995-02
. RESOLUTION NO. NE-9S-02
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT MODIFICATION
FOR A PROPOSED COMMERCIAL CENTER
LOCATED AT 333 NORTH EL CAMINO REAL
(CASE NO. 95-051 DR-MOD; APN: 257-062-23)
WHEREAS, Circuit City I Nottingham Associates applied for a Modification of Design
Review Permit No. 94-145 pursuant to Municipal Code Chapter 23.08 (Design Review) to allow
for the construction of a 5,000 square foot commercial structure and for the addition of a patio
area on the west side of a previously approved structure (Building 1) within the commercial
center for property having 7.85 net acres and located in the General Commercial (GC) Zoning
District at 333 North E1 Camino Real; and
WHEREAS, the New Encinitas Community Advisory Board conducted a Public Hearing
on the application request on March 21, 1995 and all those desiring to speak, did speak; and the
Board considered without limitation:
1. The Agenda Report for the March 21, 1995 New Encinitas CAB meeting;
. 2. The application for Design Review Permit Modification which includes the Site
Plan, Floor Plan, Building Elevations, Landscape Plan, and Conceptual Grading
Plan (a Grading Permit has been issued for the project pursuant to Design Review
Permit 94-145) consisting of 5 sheets dated received by the City on March 2,
1995;
3. The adopted General Plan, Zoning Code and associated Land Use Maps;
4. Written evidence and oral testimony received at the Public Hearing; and
WHEREAS, the New Encinitas Community Advisory Board made the required fmdings
pursuant to Section 23.08.070 of the Encinitas Municipal Code:
(See Exhibit "1 ")
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. NOW THEREFORE, BE IT RESOLVED that the application for Design Review
Permit Modification is hereby approved subject to the following conditions:
A. STANDARD CONDffiONS:
1. This approval will expire on November 22, 1996, two years after the approval
of the original Design Review Permit (94-145), unless the conditions have been
met or an extension of time has been approved pursuant to the Municipal Code.
2. This approval may be appealed to the Planning Commission within 15 calendar
days from the date of this approval.
3. All Conditions of Resolution NE-94-05 (Design Review Permit 94-145) shall be
implemented to the satisfaction of the Community Development Director.
B. COMMUNITY DEVELOPMENT DEPARTMENT: The developer shall contact the
Community Development Department regarding compliance with the following
conditions:
1. This Design Review Permit Modification is approved as set forth on the plans
received by the City with the application material on March 2, 1995 consisting
. of the Site Plan, the Conceptual Grading Plan (a Grading Permit has been issued),
the Landscape Plan, the Elevation Plans, the Floor Plans and Sectional Drawings
(five sheets) which are on file with the Community Development Department.
The Board has authorized Community Development Department staff to review
and approve alternative material to be used for the awnings within the
Commercial Center. The alternate awning material shall be of a color and fabric
which is complementary to the design of the commercial structures to the
satisfaction of the Community Development Director. Any discrepancy between
the applicant and staff over what constitutes awning material which is
complementary to the design of the center shall be forwarded to the Board for
resolution.
2. Wall signs shall be consistent with each other in color and material and shall
complement the exterior building materials of the Commercial Center. Signage
shall be submitted for Building Permit review and issuance prior to their
installation. All wall signage, including canopy signs (if applicable) shall
conform to the area limitations established by the approved Sign Program for the
commercial center.
3. Tempered-glass panels shall be used along the enclosure walls of the patio areas
since plexi-glass panels tend to turn opaque over time.
. cd/cro/a:l0/sr9s0S1.nel(3-21-9S)
. 4. Parking stalls shall be a minimum of 18 feet in length. Two foot overhangs into
landscaped areas may be utilized to meet this requirement. In order to maintain
the minimum of 24 feet for the lane in between the parking stalls, a two foot
overhang will also be required for the four parking stalls directly to the north of
the proposed structure and west of the trash enclosure and the landscaped end-
strip.
5. The exposed portions of the retaining wall shall be stucco-coated to match the
building's exterior and color.
6. All roof and ground mounted mechanical equipment shall be screened from view
adjacent to the structure to the satisfaction of the Community Development
Director. Trash bin areas shall be enclosed with decorative block walls or other
material and shall be provided view obscuring gates acceptable to the Community
Development Director.
7. Landscape plantings within the commercial center shall conform to the Landscape
Plan reviewed and approved by the New Encinitas CAB. All plant materials shall
be maintained in a healthy and growing condition at all times. An automated
irrigation system with underground pipes for all landscaped areas shall be in place
prior to occupancy of the commercial structures. Landscaped islands shall be
provided a 12 inch concrete walkway adjacent to parking stalls. A landscaped
. berm shall be installed along EI Camino Real to screen the parking area and
vehicles from view. All irrigation systems shall be maintained in an orderly
working condition acceptable to the Community Development Director. All
parking stalls adjacent to any wall or other obstruction shall be a minimum of
11.5 feet in width.
8. The applicant shall pay development fees at the established rate. Such fees may
include, but shall not be limited to: Permit and Plan Checking Fees, School
Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees and Park Fees.
Arrangements shall be made to the satisfaction of the appropriate department or
agency to pay the impact fees prior to Building Permit issuance or Final
Occupancy approval.
C. FIRE PREVENTION DISTRICT: The developer shall contact the Fire Protection
District regarding compliance to the following conditions:
1. ADDRESS NUMBERS: Address numbers shall be placed in a location that will
allow them to be clearly visible from the street fronting the Structure. The height
of numbers shall conform to Fire District standards. Address numbers shall be
placed upon the monument sign to the satisfaction of the Fire District.
.
. 2. COMBUSTIBLE MATERIALS: Prior to delivery of combustible building
materials on the project site, water and sewer systems shall satisfactorily pass all
required tests and be connected to the public water and sewer systems. In
addition, the first lift of asphalt paving shall be in place to provide a permanent
all weather access for emergency vehicles. Said access shall be maintained to the
satisfaction of the Fire District.
3. FIRE HYDRANTS AND FLOWS: Fire hydrants shall be installed as required
for Tentative Map application 94-191 as specified in Resolution No. NE-94-05.
4. AUTOMATIC FIRE SPRINKLER SYSTEMS: Structures shall be protected by
automatic fire sprinkler systems installed to the satisfaction of the Encinitas Fire
District.
5. FEES: Prior to Final Occupancy approval, the applicant shall submit to the
Community Development Department a letter from the Fire Prevention District
stating that all development impact, plan check and/or cost recovery fees have
been paid or secured to the satisfaction of the Fire District.
D. ENGINEERING: The developer shall contact the City Engineering Department
regarding compliance to the following conditions:
1. All City Codes, regulations, and policies in effect at the time of Building Permit
. issuance shall apply. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
2. The grading of this project is defined in Chapter 23.24 of the Encinitas Municipal
Code. Grading shall be performed under the observation of a civil engineer
whose responsibility it shall be to coordinate site inspection and testing to ensure
compliance of the work with the approved grading plan, submit required reports
to the City Engineer, and to verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
3. No grading shall occur outside the limits of the project unless a letter of
permission is obtained from the owners of the affected properties.
4. A separate grading plan shall be submitted and approved and a separate grading
permit issued for the borrow or disposal site if located within the City limits.
5. All newly created slopes within the project shall be no steeper than 2: 1, unless
stability is verified by a geotechnical analysis.
.
. 6. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work prior to
Building Permit issuance or at the first submittal of a Grading Plan, whichever
occurs flfSt.
DRAINAGE CONDITIONS:
7. The developer shall exercise special care during the construction phase of this
project to prevent any offsite siltation. The developer shall provide erosion
control measures and shall construct temporary desiltation/detention basins of
type, size and location as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins or facilities so constructed
the area served shall be protected by additional drainage facilities, slope erosion
control measures and other methods required or approved by the City Engineer.
The developer shall maintain the temporary basins and erosion control measures
for a period of time satisfactory to the City Engineer and shall guarantee their
maintenance and satisfactory performance through cash deposit and bonding in
amounts and types suitable to the City Engineer.
8. A drainage system capable of handling and disposing of all surface water
. originating within the subdivision, and all surface waters that flow into the
subdivision from adjacent lands, shall be required. Said drainage system shall
include any easements and structures as required by the City Engineer to properly
handle the drainage. Concentrated flows across driveways and/or sidewalks shall
not be permitted.
STREET CONDITIONS:
9. The developer shall make an offer of dedication to the City for all public streets
and easements required by these conditions or shown on the Site Development
Plan. The offer shall be made PRIOR TO THE ISSUANCE OF ANY
BUILDING PERMIT for this project. All land so offered shall be granted to the
City free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
10. Eighteen (18) feet shall be dedicated by the developer along the property's street
frontage based on a center line to right-of-way width of 73 feet and in
conformance with the City of Encinitas Standards.
11. Reciprocal access and maintenance and/or agreements shall be provided ensuring
access to adjacent parcels to the north over private roads, drives or parking areas
and the maintenance thereof, to the satisfaction of the City Engineer.
.
. 12. The developer shall obtain the City Engineer's approval of the project
improvement plans and enter into a secured agreement with the City for
completion of said improvements prior to issuance of any Building Permits for
the project. The improvements shall be constructed and accepted for maintenance
by the City Council prior to occupancy of any building within the project. The
improvements are: Concrete curb and gutter with the curb face 53 feet from the
center line of EI Camino Real, concrete sidewalk and AC pavement as needed for
the widening of EI Camino Real along the frontage of this site. All
improvements to meet City of Encinitas standards, including street lighting. The
design and installation of a traffic signal system at the entrance to this
development is required. Connection to the development to the north is required.
13. Some improvements shown on the Site Plan and/or required by these conditions
are located offsite on property which neither the City nor the developer has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The subdivider/developer shall conform with
Section 24.16.070 of the Encinitas Municipal Code.
UTILITIES:
14. The developer shall comply with all the rules, regulations and design
requirements of the respective utility agencies regarding services to the project.
. 15. The developer shall be responsible for coordination with SDG&E, Pacific
Telephone, and all other utility agencies.
16. All proposed utilities within the project shall be installed underground including
existing utilities unless exempt by the Municipal Code.
17. The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
E. BUILDING DIVISION: The developer shall contact the Building Division regarding
compliance to the following condition:
The applicant shall submit a complete set of construction plans to the Building Division
for review. The submittal shall include structural calculations and details, complete
framing plans and details, a site plan and floor plans showing State mandated disabled
access requirements, State Energy compliance documentation and a Soils Report which
includes recommendations for the design of structural foundations. Submitted plans shall
be reviewed for compliance with State Title 24, the 1991 Editions of the Uniform
Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the
1990 Edition of the National Electrical Code. A comprehensive plan check will be
.
. conducted prior to Building Permit issuance and comments and/or changes to the
originally submitted plans may be required.
F. SHERIFF'S RECOMMENDED CRIME PREVENTION/SECURITY MEASURES:
The following conditions have been recommended by the Encinitas Sheriff s Station to
help implement Crime Prevention and Security Measures for the Commercial Center.
The applicant shall make a good faith effort to adhere to the following recommendations,
but non-adherence does not constitute non-compliance with the previously listed
Conditions of Approval:
1. Exterior Lighting: Lighting around the perimeter of the commercial structures
and parking areas is recommended to be 5 foot candles for all pedestrian
walkways including the rear access areas to the structures. A minimum of 1 foot
candle illumination is recommended in the parking area from dusk until
termination of business every operating day. Measurements are averages at
surface level. All lighting devices lower than 8 feet from the ground should have
vandal resistant covers.
2. Address Numbers: Address numbers should be illuminated during the hours of
darkness to be visible to the street and individual structure numbers should be
visible upon entering the center. The address numerals should be a minimum of
6 inches in height and should be a contrasting color to the surface upon which
. they are placed.
3. Landscaping: Landscaping should be planted so as not to interfere with the
visibility of address numbers, doorways and windows of the commercial
structures.
4. Bollards: To discourage "smash and grab II drive-through burglary, decorative
type bollards should be installed in front of large storefront windows and side
walls exposed to vehicular access. The bollards should be designed to not restrict
pedestrian and wheelchair access while impeding cars and trucks.
5. Window Glazing: To prevent illegal entry by window breakage, burglary
resistant glazing, or fully. tempered glass should be used for all commercial
structures. Optional window barriers composed of decorative bars with 5 inch
spacing, of steel grills, may be appropriate for some applications.
6. Rear Doors: To avoid opening rear doors to unauthorized persons, the
installation of a clear vision panel or wide angle (180 degree) door viewer, not
more than 58 inches from the bottom of the door, is recommended. If, due to
Fire Regulations, a secondary door is required to be unlocked during business
hours, the door should be audibly alarmed and marked as such.
.
. 7. Aluminum Frame Swinging Doors: The following is recommended:
(a) The jamb be so constructed or protected to withstand 1600 lbs of
pressure in both vertical distance of 3 inches and horizontal distance of 1
inch each side of the strike.
(b) A single or double door should be equipped with a double cylinder
dead bolt which provides a bolt projection exceeding 1 inch, or a hook-
shaped or expanding dog-bolt that engages the strike sufficiently to
prevent spreading. The dead bolt should have a minimum of 5-pin
tumblers and a cylinder guard.
(c) Panic hardware should provide two locking points on each door, or
on single doors, one point not to be located at either the top or bottom
rails of the door frame. The door should have an astragal constructed of
.125 inch thick steel and extend a minimum of 6 inches vertically above
and below the latch. The astragal should extend at least 1 inch beyond the
edge of the door to which it is attached.
BE IT FURTHER RESOLVED that the New Encinitas Community Advisory Board,
as Lead Agency and in its independent judgement, adopted a Negative Declaration on November
. 22, 1994 which is on me with the Community Development Department (Case No. 94-145) for
the project and De Minimis Findings in accordance with Section 711.2 of the California Fish
and Game Code have been made pursuant to this approval.
.
. PASSED AND ADOPTED this 21st day of March 1995, by the following vote, to wit:
AYES: Edde, Weinstein, Beck, Van Reusen, Felker
NAYS: None
ABSENT: None
ABSTAIN: None
£~
New Encinitas Community Advisory Board
City of Encinitas
.
ê:T~.Q
Craig R. Olson
Assistant Planner
.
. EXHIBIT "1"
RESOLUTION NO. NE-9S-02
Findings Pursuant to
Section 23.08.070 (et. seq.)
of the Encinitas Municipal Code:
Design Review Permits
(1) The project design is consistent with the General Plan, or Specific Plan and the
provisions of the Municipal Code.
&t1s: The commercial retail center is a permitted use within the General Commercial
Zoning District. The exterior design and landscaping improvements are compatible with
adjacent commercial centers and the retail square footage within the center is adequately
provided sufficient parking spaces as required by the Municipal Code.
Discussion: Available evidence has not identified any aspect of the submitted project
which does not comply with Zoning Code standards or General Plan Policies. The
Design Review Permit Modification substantially conforms to the previously approved
permit and the building designs and materials of the proposed commercial center.
. Conclusion: The New Encinitas Community Advisory Board fmds, therefore, that the
design of the project conforms to the policies and standards of the General Plan and
Municipal Code.
(2) The project design is substantially consistent with the Design Review Guidelines.
Facts: The Design Review Guidelines relate to Site Design, Building Design, Landscape
Design, Sign Design and Privacy and Security. The Design Review Permit Modification
proposes to add a 5,000 square foot commercial Structure to the previously approved
project. All aspects of Site Design, Landscape Design and Privacy and Security will be
implemented by the project's design. Building Design issues affecting the project include
consistency of the building's design with the architectural style of other buildings
adjacent to the commercial center, variety and use of exterior building materials, and the
screening of roof and ground mounted mechanical equipment.
Discussion: The project proposes to utilize a California Mediterranean architectural
theme which would be compatible with nearby commercial centers within the subject
General Commercial Zoning District. Approval of the application request requires the
screening of all roof and ground mounted mechanical equipment as conditional
requirements to implement Municipal Code standards. Sign design relates to ~e Design
Guideline issue that II Signs shall be of a size and scale with the building to which it is
.
-
. attachedll as presented in the approved Master Sign Program. The project has been
conditioned to require approval of all tenant signage in conformance with an approve
Master Sign Program for the center and Municipal Code Sign Ordinance standards.
Conclusion: The proposed project will be consistent and compatible with other
commercial centers within the community. Therefore, the New Encinitas Community
Advisory Board finds that the Design Review Permit Modification is consistent with the
intent of the Design Review Guidelines.
(3) The project design will not adversely affect the health, safety, or general welfare of the
community.
~: The project design is consistent with the Municipal Code standards and
requirements for the General Commercial Zoning District.
Discussion: No evidence has been submitted to indicate that the project design would
adversely affect the health, safety, or general welfare of the community.
Conclusion: Therefore, the Board finds that the project design will not adversely affect
the health, safety or general welfare of the New Encinitas Community.
(4) The project will not tend to cause the surrounding neighborhood to depreciate materially
. in appearance or value.
Facts: The project design tends to be compatible with the style of commercial
development within the surrounding General Commercial Zoning District.
Discussion: No evidence has been submitted to indicate that the project would materially
depreciate the appearance or value of the neighborhood.
Conclusion: Therefore, the Board finds that the project will not adversely depreciate the
appearance or value of the immediate neighborhood or the New Encinitas Community.
.
.