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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