1989-02
"
RESOLUTION NO. NE89-02
.
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD
8 OF THE CITY OF ENCINITAS, APPROVING A
MINOR USE PERMIT, DESIGN REVIEW AND
CERTIFYING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT TO ALLOW
CONSTRUCTION OF A COMMERCIAL STRUCTURE
LOCATED AT 1465 ENCINITAS BOULEVARD
(CASE NUMBER 88-310 MIN/DR/EIA)
WHEREAS, a request for consideration of a Minor Use Permit,
Design Review, and Environmental Assessment was filed by Jeffrey
D. Sterk to allow construction of a 15,288 square foot commercial
retail center pursuant to Chapters 23.08 and 30.74 of the City of
Encinitas Municipal Codes and Interim Ordinance 87-80, for the
property located at 1465 Encinitas Boulevard, also known as
assessor's parcel numbers 259-550-17 and 18, legally described as;
See Attachment "A"
8 WHEREAS, public hearings were conducted on the application on
November 7, December 5, 1988 and January 16, 1989; and
WHEREAS, the New Encinitas Community Advisory Board of the
City of Encinitas considered:
1. The staff reports dated November 1, and November 30, 1988
and January 10, 1989;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
5. The proposed General Plan, Local Coastal Plan, the Zoning
Code and maps.
WHEREAS, the New Encinitas Community Advisory Board of the
City of Encinitas made the following findings pursuant to Municipal
8 Codes:
SEE ATTACHMENT "B"
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NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
.
Advisory Board of the City of Encinitas that application 88-310
8 MIN/DR/EIA is hereby approved subject to the following conditions:
SEE ATTACHMENT "c"
BE IT FURTHER RESOLVED by the New Encinitas Community Advisory
Board of the City of Encinitas that this project will not have a
significant effect on the environment and a negative declaration
is hereby certified, pursuant to the California Environmental
Quality Act (CEQA).
PASSED AND ADOPTED this 16th day of January, 1989, by the
following vote, to wit:
AYES: Bagg, Barton, Colgan, Quinn, Razovsky
NAYS: N/A
8 ,~
Cary Bar on,
Chairman of e New Encinitas
community Ad isory Board
of the City of Encinitas
ATTEST:
Bill Weedman, Senior Planner
8
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ATTACHMENT "A"
8 PARCEL A:
Parcels 1 and 2, in the City of Encinitas, County of San
Diego, State of California, as shown on Page 13328 in Book of
Parcels Maps, filed in the Office of the County Recorder of
San Diego County, June 8, 1984.
PARCEL B:
An easement for ingress and egress over a portion of Lot 1 in
the City of Encinitas, County of San Diego, State of
California, according to Map No. 8563, filed in the Office of
the County Recorder of San Diego County, May 4, 1977, more
particularly described as follows:
Beginning at the most Northwesterly corner of said Lot 1, said
corner also on the South right of way line of Encinitas
Boulevard, as shown on said Map, thence Easterly along the
Northerly line of said Lot 1 and the South right of way line
of Encinitas Boulevard South 87°32'50" East 66.15 feet to a
point on a 60.00 foot radius curve that is non-tangent having
a radial bearing through said point South 68°59'45" East;
thence Southwesterly 28.67 feet along said curve concave
Northwesterly having a central angle of 27°22'26" to a point
on a 60.00 foot tangent reverse curve; thence Southerly 51.31
8 feet along said curve concave southeasterly having a central
angle of 49°00'00"; thence South 0°37'19" East 201.50 feet;
thence South 89°22'41" West 5.51 feet to a point on a 42.00
foot radius curve that is non-tangent having a radial bearing
through said point South 81 ° 43' 08" East; thence Southwesterly
40.85 feet along said curve concave Northwesterly having a
central angle of 55°43'12" to a point on the Westerly line of
said Lot 1; thence North 0°37'19" West 304.95 feet to the
POINT OF BEGINNING.
8
BWj05jCABI0-1147WP55(1-23-89\1)
ATTACHMENT "B"
8 A. FINDINGS FOR A USE PERMIT (SECTION 30.74.070, OF MUNICIPAL
CODE)
1. The location, size, design or operating characteristics of
the proposed project will be compatible with or will not
adversely affect or will be materially beneficial to adjacent
uses, residences, buildings, structures or natural resources,
with consideration given to, but not limited to:
(a) The inadequacy of public facilities, services and
utilities to serve the proposed project;
(b) The unsuitability of the site for the type and intensity
of use or development which is proposed; and
(c) The harmful effect, if any, upon environmental quality
and natural resources of the City; or
Evidence to Consider:
The location, size, design and use of the proposed
project is compatible with adjacent uses as the proposal
is to build a commercial structure which is similar to
other commercial structures in the area.
2. The impacts of the proposed project will not adversely affect
8 the policies of the Encinitas General Plan or the provisions
of this Code; and
Evidence to Consider:
The proposed project will not adversely affect the
Encinitas General Plan as the specific uses are uses
allowed in the #13 General Commercial category.
3. The project complies with any other regulations, conditions
or policies imposed by this Code.
Evidence to Consider:
The proposed project complies with and will adhere to
all other applicable City codes as represented by the
submitted plans which have been reviewed at the public
hearing and found to be in compliance. No standard or
criteria has been waived.
8
BWjO5jCAB10-1147WP56(1-23-89\1)
B. FINDINGS FOR DESIGN REVIEW (SECTION 23.08 MUNICIPAL CODE)
8 23.08.072 REGULATORY CONCLUSIONS - GENERALLY.
4. The project design is consistent with the General Plan, a
Specific Plan or the provisions of this Code.
Evidence to Consider:
The proposed project is consistent with the present C-36
Zoning, the #13 General Commercial designation of the present
General Plan and the General Commercial designation of the
Land Use Policy Map of the City's Draft General Plan as the
proposed commercial office/retail use is allowed in these
designated zones.
5. The project design is substantially consistent with the Design
Review Guidelines.
Evidence to Consider:
The project design is substantially consistent with Design
Review Guidelines as it incorporates several of the design
elements of existing structures on adjacent parcels; and that
the proposal preserves some significant views enj oyed by
nearby properties to the full extent practical, reflects an
acceptable level of design appearance, takes into
8 consideration the privacy needs of the abutting residential
area, incorporates landscaping into the proj ect, and otherwise
substantially conforms with the City's adopted design
criteria.
6. The project will not adversely affect the health, safety or
general welfare of the community.
Evidence to Consider:
The applicant has submitted a traffic study which shows that
there will be no significant impacts created by the proposed
project.
7. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to Consider:
The proposal reflects an acceptable level of design appearance
and thus will not be materially detrimental to surrounding
properties.
8
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8. The proposed project is compatible in structural size (bulk
and mass) to adjacent properties as the proposed structure is
single story and commercial in appearance, and is similar to
8 the existing structures on adjacent parcels.
9. There is reasonable probability that the land use and design
proposed will be consistent with the General Plan proposal
being considered or studies since the proposed General Plan
is consistent with the currently adopted General Plan.
10. There is little or no probability of substantial detriment to
or interference with the future adopted General Plan if the
proposed design is ultimately inconsistent with the plan,
since the project is allowed by the proposed General Plan.
11. The proposed project is in conformance with Section 23.08.074
of the Design Review Ordinance relative to Design and Site
Layout as the proposal is to site the structure within the
already "developed" areas and to grade the site to be
compatible with the developed site to the east.
12. The proposed project is in conformance with section 23.08.076
of the Design Review Ordinance relative to Building Design in
that the proposed structure is designed to blend in with the
existing structures by incorporating similar finish materials.
13. The proposed project is in conformance with Section 23.08.077
of the Design Review Ordinance relative to Landscape Design
8 in that the proposed project is proposing to add several trees
and shrubs adjacent to the proposed structure.
14. The proposed project design does preserve significant public
views of and through the proposed proj ect to the extent
possible as the development will be located adjacent to the
west property line which is significantly lower in elevation
than the property to the south, and that the Board has
determined that some of the significant views are being
maintained for neighboring properties with the project as
designed.
15. The project takes advantage of views and/or protects to the
extent possible, some of the significant views enjoyed by the
occupants of nearby properties, since it is proposed to be
constructed in a location on the site so as not to block a
substantial portion of adjacent significant views.
16. The proposed design complies with all other applicable
requirements of state law and local ordinances.
8
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ATTACHMENT "C"
8 I. SPECIFIC CONDITIONS
1. That the site plan be amended to show deletion of
landscaped medians in entry drive area, and appropriate
street trees to the satisfaction of the City Engineer or
designee be located at 25 feet on center adjacent to
Encinitas Boulevard.
2. That a commercial type bronze fire hydrant be placed on
site as located by the Encinitas Fire Department.
3. That appropriate traffic directional signs be placed on
site to the satisfaction of the City Engineer and the
Traffic Engineer.
4. That the hours of operation be limited from 6 a.m. to 2
a.m. (20 hours in any 24 hour period).
5. That restaurant services for sit down dining be limited
to no more than 1,528 square feet total on site due to
parking limitations.
6. That the project proponent provide evidence to the
satisfaction of the Director of Planning and Community
8 Development that the proposed structure is not being
built over parcel lines or cause parcels 1 and 2 of
Parcel Map 13328 to be merged pursuant to the State Map
Act and the Municipal Code in effect at the time of
application for merger.
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 7 THROUGH 38):
GENERAL CONDITIONS
7. This approval will expire on January 16, 1991, two years
after the approval of this project unless the conditions
have been met or an extension has been approved by the
authorized agency (agent).
8. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
9. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency (agent) to determine why the City
8 of Encinitas should not revoke this permit.
Upon a showing of compelling public necessity
10.
demonstrated at a noticed hearing, the City of Encinitas,
BW/05/CABI0-1147WP59(1-23-89\1)
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
8 11. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
12. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
13. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance.
14. This approval shall become null and void if building
permits are not issued for this proj ect wi thin two
year(s) from the date of project approval.
15. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
8 16. The application is approved as modified and shall not be
altered without authorized agency (agent) review and
approval.
17. For a new commercial or industrial development, or
addition to an existing development, the applicant shall
pay development fees at the established rate. Such fees
may include, but not be I imi ted to: Permit and Plan
Checking Fees, Water and Sewer Service Fees, School Fees,
Traffic Fees and Drainage Fees. These fees shall be
paid prior to (as applicable):
a. Building permit issuance; or
b. Final occupancy inspection.
8
BWj05jCABI0-1147WP510(1-23-89\1)
. SITE DEVELOPMENT
8 18. The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
19. Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
20. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized agency
(agent) pursuant to Design Review unless written
information is provided by the post office to state
otherwise.
21. Trash receptacle(s) shall be enclosed by a 6 foot high
decorative wall with view-obstructing gates (individual
units may have storage in garages if so designated on
plans). Design and location shall be subject to review
and approval by the authorized agency (agent).
22. All roof appurtenances, including air conditioners, shall
8 be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required and approved by the authorized agency (agent).
23. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
24. Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
25. Building elevations, materials and colors are approved
as modified.
26. Applicant shall submit to the Planning and Community
Development Department a security construction plan for
review and approval by the authorized agency (agent).
Said Plan shall identify any temporary fencing, temporary
parking and circulation, project access and the like.
27. Any change to the natural drainage or concentration of
8 drainage shall be adequately handled and shall not impact
adjacent properties.
BW/05/CAB10-1147WP5 11(1-23-89\1)
28. A plan shall be submitted for approval by the Director
of the Planning and Community Development Department and
the Encinitas Fire Protection District regarding the
8 treatment of the site during the construction phase, and
the circulation and parking of construction workers'
vehicles and any heavy equipment needed for the
construction of the project.
PARKING AND VEHICULAR ACCESS
29. parking lot layout shall meet the standards of the Zoning
Ordinance and the off street Parking Design Manual.
30. Parking lot lights shall be low pressure sodium, Shielded
and have a maximum height of eighteen (18) feet from the
finished grade of the parking surface and be directed
away from all property lines, adjacent streets and
residences.
31. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
32. Parking area shall be screened from adjacent properties
and/or public view with a combination of a decorative
wall and/or landscaping. Said screening shall be
reviewed and approved by the authorized agency (agent).
8 LANDSCAPING
33. A detailed landscape and irrigation plan shall be
submitted to and approved by the authorized agency
(agent) prior to the issuance of building permits.
34. The landscape plan shall meet the standards of the Zoning
Ordinance, Grading Ordinance and off street Parking
Design Manual.
35. All required plantings shall be in place prior to use or
occupancy of new buildings or structures. All required
plantings shall be maintained in good growing conditions,
and whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All
landscaping shall be maintained in a manner that will not
depreciate adjacent property values and otherwise
adversely affect adjacent properties.
36. Landscaping shall be maintained in such a way so view
corridors are not blocked.
SIGNS
8 37. Any signs proposed for this development shall be designed
and approved in conformance with the Sign Ordinance.
BW/05/CAB10-1147WP5 12(1-23-89\1)
38. A comprehensive Sign Program for this development shall
be submitted to the authorized agency (agent) for their
review and approval prior to issuance of building
8 permits.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 39
AND 40):
FIRE
39. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
40. All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 24 feet wide at all times
during construction in accordance with Encinitas Fire
Protection District requirements.
8 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 41 THROUGH
55):
GRADING
41. Grading of the subject property shall be in accordance
with the Grading Ordinance.
42. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
43. The final grading plan shall be subject to review and
approval by the Publ ic Works Department and shall be
completed prior to recordation of the final subdivision
map or issuance of building permit, whichever comes
first.
STREETS AND SIDEWALKS
8 (The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or
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. conditions affecting the property in question; and that
. such modification is necessary for the preservation and
enjoyment of a substantial property right of the
8 applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity pursuant to
Municipal Code(s).)
44. All Circulation Element roads shall be dedicated and
improved to Circulation Element road standards and to
the specifications of the Director of Public Works.
45. Recorded reciprocal access and maintenance and/or
agreements shall be provided ensuring access to all
parcels over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the Director
of Public Works.
46. Said private easement shall be an unobstructed road.
47. Street improvements that include, but are not limited
to:
x a. Sidewalks x f. Cross gutter
x b. Driveways g. Alley gutter
c. Wheel chair ramps h. Street paving
x d. Curb and gutter i. Alley paving
e. Street signs j. Street lights
k. Pavement markers
8 shall be completed prior to the occupancy of the units
to the satisfaction of the Director of Public of Public
Works for the following streets/alleys:
a. Encinitas Boulevard
48. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
49. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall
be obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
50. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of street
trees within the public right-of-way or to have installed
specific street trees at such time that the Department
of Community Services and the Public Works Department had
identified the type, size and species of street tree to
be used.
8 51. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
BW/05/CAB10-1147WP5 14(1-23-89\1)
..
~
. DRAINAGE AND FLOOD CONTROL
8 52. storm drains will be required at locations specified by
the Director of Public Works and in accordance with
standard engineering practices.
53. A drainage system capable of handling and disposing of
all surface water originating within the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
54. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
55. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 56 THROUGH
60):
UTILITIES
56. All proposed utilities within the project shall be
8 installed underground including existing utilities unless
exempt by the Municipal Code.
57. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
58. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
59. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City
of Encinitas, Fire District, Appropriate Agency and the
Health Department of the County of San Diego.
60. That all required improvements conform to City Standards.
8
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