1989-01
. '"
.
"
8 RESOLUTION NE89-01
A RESOLUTION OF NEW ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT,
DESIGN REVIEW AND ENVIRONMENTAL REVIEW
APPLICATION TO ALLOW FOR EXPANSION OF AUTO SALES FACILITY
LOCATED AT 1302 ENCINITAS BOULEVARD
(CASE NUMBER 88-232)
WHEREAS, a request for consideration of a Minor Use Permit,
Design Review and Environmental Review Application was filed by
Harloff Chevrolet to allow grading and paving of approximately 2.3
acres for parking and automobile storage area, pursuant to Chapters
30.74 and 23.08 of the City of Encinitas Municipal/Zoning Codes,
for the property located at 1302 Encinitas Boulevard, legally
described as;
Parcel 1 and westerly 52.98 ft. of Parcel 2, Parcel Map 11149
as recorded in the office of the County Recorder of the County
8 of San Diego.
WHEREAS, public hearings were conducted on the application on
September 19, 1988, October 17, 1988, December 5, 1988 and January
16, 1989.
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated September 14, October 12,
November 30, 1988, and January 11, 1989;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to the Municipal Code:
SEE ATTACHMENT "A"
8
BW/05/CM7-1270wp53(1-23-89\3) 7A-3
'
"
8 NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the City of Encinitas that the Minor Use Permit
and Design Review Permit is approved subject to the following
conditions:
SEE ATTACHMENT liB"
BE IT FURTHER RESOLVED by the New Encini tas 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
8 NAYS: N/A
ABSENT: N/A
ABSTAIN: N/A ¡J.
U1
Cary Bart, , hairman of
New Enci itas Community
Advisory Board
ATTEST:
Bill Weedman
Senior Planner
8
BW/05/CM7-1270wp54(1-23-89\3) 7A-4
'"
8 ATTACHMENT "A"
NEW ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO.
CASE 88-232
Findings for a Use Permit and Design Review
(Section 30.74.070, of Municipal Code)
An application for Use Permit shall be approved unless findings of
fact are made based upon the information presented in the
application or during the hearings which support one or more of
the following conclusions:
1. The location, size, design or operating characteristics of
the proposed project incompatible with or adversely affect or
be materially detrimental 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
8 and natural resources of the city; or
Evidence to Consider:
The project will be an expansion of an existing automobile
sales and service facility and will be below the street level.
The implementation of the project will also provide for on-
site delivery of products and parking for employees.
2. The impacts of the proposed project will adversely affect the
policies of the Encinitas General Plan or the provisions of
this Code; and
Evidence to Consider:
The project is consistent with the commercial designation of
the General Plan.
3. The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider:
No circumstances have been identified by staff or the Board
where the project fails to comply with regulations, conditions
or policies.
8
BW/05/CM7-1270wp55(1-23-89\3) 7A-5
.
8 4. The project is not involving construction of buildings;
however, the grading, landscaping and walls have been found
to be consistent with the surrounding area and will not be in
conflict with Design Review regulations. Conditions have been
incorporated into the project approval to ensure the continued
consistency with regulations.
8
8 BW/05/CM7-1270wp56(1-23-89\3)
7A-6
" .
8 ATTACHMENT "B"
CONDITIONS OF APPROVAL
Subject: 88-232 MIN/DR/EIA
Applicant: Harloff Chevrolet
Location: 1302 Encinitas Boulevard
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. 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.
B. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
C. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
8 and effect, each and every license and permit required
by a governmental agency for the operation of the
authorized activity;
D. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit;
E. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause
a noticed hearing to be set before the authorized agency
to determine why the City of Encinitas should not revoke
this permit;
F. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit;
G. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
8 BW/05/CM7-1270wp57(1-23-89\3) 7A-7
,
8 CASE NO. 88-232
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that which
is specifically described in this permit; and
I. 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.
J. 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.
K. Permits from other agencies will be required as follows:
Coastal Commission.
L. Project is approved as modified and shall not be altered
without New Encinitas Community Advisory Board review and
approval.
8 M. The existing public address system is to be modified such
that its use does not disturb the occupants of the
residential area across Encinitas Boulevard to the south
or other adjacent residential properties.
N. The applicant shall execute and cause to be recorded a
covenant to the satisfaction of the Director of Planning
and Community Development indicating that all employees
will have areas to park on the project site and every
effort will be made to keep the employees from parking
in neighboring residential and commercial areas. This
condition is necessary due to the concerns of the
neighbors and also as a matter of safety since employees
may be crossing Encinitas Boulevard as pedestrians
without benefit of utilizing a crosswalk.
O. The applicant shall not allow deliveries of automobiles
which will cause unloading of delivery trucks within the
public rights-of-way.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
8 BW/05/CM7-1270wp58(1-23-89\3) 7A-8
" .
8 CASE NO. 88-232
2 . SITE DEVELOPMENT
A. site shall be developed in accordance with the approved
site plans on file in the Community Development
Department and the conditions contained herein. Said
site plan is approved subject to the following
modifications:
(a) A six foot high masonry noise attenuation barrier
is to be constructed at the top of the crib-lock
wall at the rear of the lot. This barrier is to be
connected to, or overlap the existing facility rear
boundary barrier and extend at least 25 feet past
the adjacent apartment complex property line
(location per Figure 3, Environmental Checklist
Form, Initial study). There are to be no gaps in
the barrier and any overlap at its juncture with the
existing facility barrier are to be equal to any
break distance at that point.
(b) Lighting is to be directed downward and turned off
at 10 p.m. The minimum lighting necessary for
securi ty during the late night and early morning
8 hours is permitted.
(c) At least fifty-five parking spaces for employees are
to be located on the lower tier where two-way
circulation is provided. No overt sales promotion
shall be conducted on the remaining portions of the
site.
(d) The crib-lock wall at the rear of the lot is to be
landscaped with groundcover and screen trees planted
at its base.
(e) The entrance driveway west curb line shall be
modified to accommodate delivery truck turning
movements (specifications per Figure 4,
Environmental Checklist Form, Initial Study).
1. width of driveway at street to be 30 feet, with
transition down below 30 feet in width not to
begin closer than 60 feet from property line.
2. Grade of driveway to be less than 15%.
3. Drive approach to be constructed pursuant to
San Diego Regional standards (Drawings G-14 &
8 G-16) with a commercial width of 30 ft.
BW/05/CM7-1270wp5 9(1-23-89\3) 7A-9
.
,',
8 CASE NO. 88-232
(f) Street trees to the satisfaction of the City
Engineer shall be planted adjacent to Encinitas
Boulevard at 25 feet on center.
1. width of driveway at street to be 30 feet, with
transition down below 30 feet in width not to
begin closer than 60 feet from property line.
2. Grade of driveway to be less than 15%.
3. Drive approach to be constructed pursuant to
San Diego Regional standards (Drawings G-14 &
G-16) with a commercial width of 30 ft.
B. Revised site plans incorporating all conditions of
approval shall be submitted to and found satisfactory by
the Community Development Department prior to issuance
of building permits or grading permits.
C. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
8 contained herein shall be completed to the satisfaction
of the Director of Community Development.
D. 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 1 imi ted to: Permit and Plan
Checking Fees, Water and Sewer Service Fees, School Fees,
Traffic Fees, Drainage Fees and Park Fees. These fees
shall be paid:
a. Prior to grading permit final approval.
E. Owner(s) shall enter into a covenant waiving any claims
of liability against the City and agree(s) to indemnify
and hold harmless the City and City's employees relative
to the approved project.
F. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
3. PARKING AND VEHICULAR ACCESS
A. Parking lot lights shall be low pressure sodium, shielded
8 and have a maximum height of eighteen (18) feet from the
BW/05/CM7-1270wp510(1-23-89\3) 7A-I0
,
,
" .
8 CASE NO. 88-232
finished grade of the parking surface and be directed
away from all property lines, adjacent streets and
residences.
B. Driveways shall meet the standards of the Zoning
Ordinance, Publ ic Works Standards, and the off street
Parking Design Manual. The driveways are approved
subject to the modifications stated above.
C. Parking area shall be screened from adjacent properties
and/or public view with a combination of a decorative
wall and landscaping. Said screening shall be reviewed
and approved by the Community Advisory Board.
D. Parking shall be restricted to those areas which are
shown as pavement on the approved plot plan.
4. LANDSCAPING
A. A detailed landscape and irrigation plan shall be
submitted to and approved by the Community Development
Department prior to the issuance of building permits.
B. The landscape plan shall meet the standards of the Zoning
8 Ordinance, Grading Ordinance and off street Parking
Design Manual and is approved as submitted subject to the
modifications indicated above.
C. All required plantings shall be in place prior to use or
occupancy of new facilities. 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.
D. The height required for hedges or other dense landscaping
is the height to be attained within 3 years after
planting.
E. Landscaping shall be maintained in such a way so view
corridors are not blocked.
5. SIGNS
A. Any signs proposed for this development shall be designed
8 and approved in conformance with the Sign Ordinance. The
BW/05/CM7-1270wp511(1-23-89\3) 7A-ll
I
.
,\ .
8 CASE NO. 88-232
applicant has not submitted a sign program; therefore any
signs will need to be reviewed by separate permit
application.
6. FIRE
A. 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 Fire Department
requirements.
7. GRADING
A. Grading of the subject property shall be in accordance
with the Grading Ordinance.
B. A soils/geological/hydrolic report shall be prepared by
a qualified engineer licensed by the State of California
to perform such work:
a. At first submittal of a grading plan.
8
C. The final grading plan shall be subject to review and
approval by the Public Works Department.
8. STREETS AND SIDEWALKS
A. All Circulation Element roads shall be dedicated and
improved to Circulation Element road standards and to
the specifications of the Director of Public Works.
B. 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.
C. Said private easements shall be an unobstructed road.
D. Improvement plans prepared on standard size sheets by a
Registered civil Engineer shall be submitted for approval
by the Director of Public Works. Plan check and
inspection expenses shall be paid by the developer.
E. All exterior street improvements shall be constructed to
the satisfaction of the Director of Public Works.
8 BW/05/CM7-1270wp512(1-23-89\3) 7A-12
I
.
.. .
8 CASE NO. 88-232
F. 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.
G. 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.
H. The developer shall pay the Traffic Mitigation Fee at
the established rate at the date the final inspection or
the date the certificate of occupancy is issued,
whichever occurs later.
I. 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.
J. Applicant shall cause repairs to the public sidewalk
adjacent to the telephone pedestals fronting Encinitas
Boulevard to the satisfaction of the City Engineer
(specifically, the existing dirt around the pedestals
8 shall be replaced with concrete pavement).
9. DRAINAGE AND FLOOD CONTROL
A. Storm drains will be required at locations specified by
the Director of Public Works and in accordance with
standard engineering practices.
B. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
10. UTILITIES
A. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
B. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
8 BW/05/CM7-1270wp513(1-23-89\3) 7A-13
l
. t
..' .
8 CASE NO. 88-232
C. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
8
8 BW/05/CM7-1270wp514(1-23-89\3) 7A-14