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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" BW/05/CAB10-1147WP5 3(1-23-89\1) 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 BW/05/CAB10-1147WP54(1-23-89\1) 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 BW/O5/CABI0-1147WP57(1-23-89\1) 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 BW/05/CABI0-1147WP58(1-23-89\1) 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 BW/05/CABIO-1147WP513(1-23-89\1) . 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 BW/05/CAB10-1147WP515(1-23-89\1)