1994-05
. RESOLUTION NO. NE-94-05
RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A TENTATIVE PARCEL HAP, A VARIANCE,
DESIGN REVIEW AND MINOR USE PERMITS AND
A SIGN PROGRAM FOR THE CONSTRUCTION
OF A PROPOSED COMMERCIAL CENTER
TO BB LOCATED AT 333 NORTH EL CAMINO REAL
(CASE NO. 94-191 TPM/V and 94-145 DR/MIN/SPRG; APN: 257-062-23)
WHEREAS, Circuit City / Nottingham Associates applied for
Tentative Parcel Map, Variance, Design Review and Minor Use Permit
approvals and for a Sign Program approval pursuant to Municipal
Code Chapters 24.01 (Subdivisions), 30.78 (Variance), 23.08 (Design
Review), 30.74 (Use Permits) and 30.60 (Signs) for the subdivision
of the property and the construction of a single story, 66,682
square foot retail center and for a proposed monument sign to
exceed the eight foot height standard to 12 feet and for
coordination of all signs within the center for property having
7.85 net acres and located in the General Commercial (GC) Zoning
District at 333 North EI Camino Real; and
WHEREAS, the New Encinitas Community Advisory Board conducted
a Public Hearing on the application requests on October 18 and
. November 22, 1994 and all those desiring to speak, did speak; and
the Board considered without limitation:
1. The Agenda Reports for the October 18 and November 22,
1994 New Encinitas CAB meetings;
2. The Tentative Parcel Map, Variance, Design Review and
Minor Use Permit applications and the Sign Program
submittal including the site Plan, Conceptual Grading
Plan, Landscape Plan, Elevation Plans, Floor Plans and
sectional Drawings (nine sheets), the Sign Program text
and elevation plans revised and dated received by the
City on November 8, 1994; and related material dated
received by the City on September 7, 1994 with the
application;
3. The adopted General Plan, Zoning Code and associated Land
Use Maps;
4. Written evidence and oral testimony received at the
Public Hearings; and
I . cd/cro/a:9/sr9414S.ne2(11-16-94)
. WHEREAS, the New Encinitas Community Advisory Board made the
required findings pursuant to section 66474 of the Subdivision Map
Act and sections 30.78.030, 23.08.070, 30.74.070 and 30.60.100B 4
of the Encinitas Municipal Code:
(See Exhibit n1n)
NOW THEREFORE, BE IT RESOLVED that the applications for
Tentative Parcel Map, Variance, Design Review and Minor Use
Permits, and Sign Program approval are hereby approved subject to
the following conditions:
A. STANDARD CONDITIONS:
1. This approval will expire on November 22, 1996, two years
after the approval of this project, 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. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
. and effect, each and every license and permit required by
a governmental agency for the operation of the authorized
activity.
4. 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.
5ò In the event that any of the conditions of this permit
are not satisfied, the Community Development 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.
6. 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.
7. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit and the application
plans on file with the Community Development Department.
. cd/cro/a:9/sr94145.ne2(11-16-94)
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. B. COKKUNITY DEVELOPKENT DEPARTKENT: The developer shall contact
the Community Development Department regarding compliance to
the following conditions:
1. The Design Review Permit is approved as set forth on the
plans received by the city with the application material
on September 7, 1994 and as revised on the plans dated
received by the City on November 8, 1994 consisting of
the Tentative Parcel Map (one sheet), the site Plan, the
Conceptual Grading Plan, the Landscape Plan, the
Elevation Plans, the Floor Plans and sectional Drawings
(nine sheets), and the sign Program text and exhibits (20
pages) which are on file with the Community Development
Department. Revisions to the location of the Pad "A"
stand alone structure and to the entry drive to EI Camino
Real to align with the access to the commercial center to
the west may be approved by the City Engineer and
community Development Director without further review by
the Community Advisory Board should all other Municipal
Code standards be implemented by the revised design.
2. Wall signs shall be consistent with each other in color
and material, shall conform to the approved plans, shall
complement the exterior building materials and 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.
3. Within 90 days of the issuance of a Building Permit
pursuant to this approval, the applicant shall submit
revised drawings and text amendments for the Sign Program
for the subject shopping center. Said Sign Program shall
contain drawings of the typical tenant wall and/ or window
and canopy signage (if applicable), the monument sign,
and a copy of the revised Sign Program text and this
Resolution of Approval. All wall signage within the
center shall be consistent with the area square footage
limitations established by the approved Sign Program and
shall complement the commercial structures and their
color schemes to the satisfaction of the community
Development Director. Item C.2.b-Sign Type B-1 of the
Sign Program (page 4) shall be revised to indicate that
the Shop A tenant may have an additional wall sign on the
north or west building elevation, but not both; in
addition to the wall sign on the south elevation. Item
F.2 of the Sign Program (page 6) shall be revised to
read:
"Except as provided herein and for signs to
identifY hours of operation. buildina address.
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. etc., no advertising placards, banners, pennants,
names, insignia, trademarks, or other descriptive
material, shall be affixed or maintained upon
either the interior or exterior of the glass panes
and supports of the show windows and doors, or upon
the exterior walls of the buildings unless such
sians are aooroved bY the City oursuant to
Municioal Code Sian standards in effect at the time
of aoolication for oermit(s) from the city."
4. 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.
5. 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 be grouped as shown on the revised site
. Plan and shall be provided a 12 inch concrete walkway
adjacent to parking stalls. A landscapped 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.
6. A licensed surveyor shall verify the height of the
structures at the time of framing inspection to certify
that the height does not exceed the height measurements
specified on the approved plans.
7. 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.
8. Prior to Building Permit issuance, a plan shall be
submitted for approval by the Director of Community
.
. Development and the Encinitas Fire Protection District
regarding the treatment of the site during the
construction phase, the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project, and the
mitigation of potential impacts the construction may pose
to surrounding residents.
9. The processing of Tentative Parcel Maps (TPM) is
permitted by Code to be conducted administratively at the
staff level. However, since there is an associated
Variance request, the TPM is subject to the Board's
review. The Board authorizes the administrative review
and approval of the Final Parcel Map by staff.
C. PIRE PREVENTION DISTRICT: The developer shall contact the
Fire Protection District regarding compliance to the following
conditions:
1. ACCESS ROADWAYS: Fire apparatus access roadways shall
have an unobstructed paved width of not less than twenty-
four (24) feet and an unobstructed vertical clearance of
not less than 13 feet 6 inches.
2. 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. Note: Address
numbers shall be placed upon the monument sign to the
satisfaction of the Fire District.
3. 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.
4. OBSTRUCTIONS: All traffic lanes shall be a minimum of
twenty-four (24) feet wide and shall be maintained free
and clear of obstructions at all times during
construction in accordance with the Uniform Fire Code.
5. FIRE HYDRANTS AND FLOWS: The applicant shall submit a
letter from the Encinitas Fire Protection District to the
Community Development Department stating the District's
satisfaction with the type, number and location of fire
hydrants. A letter from the water agency serving the
area shall be provided to the District which states that
.
. the required fire flow is available. Fire hydrants shall
be of a bronze type. A two-sided blue reflective road
marker shall be installed on the road surface to indicate
the location of the fire hydrant for approaching fire
apparatus. Four fire hydrants shall be installed in
accordance with the site plan marked by the Fire District
and on file with the Community Development Department.
6. AUTOMATIC FIRE SPRINKLER SYSTEMS: Structures shall be
protected by automatic fire sprinkler systems installed
to the satisfaction of the Encinitas Fire District.
7. FEES: Prior to Final Parcel Map recordation or Final
Occupancy as determined by the Fire Marshal, 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 Encini tas 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
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. of California to perform such work prior to Building
Permit issuance or at the first submittal of a Grading
Plan, whichever occurs first.
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.
18. The applicant shall pay development fees at the
established rate as stipulated in Condition B7 of this
Resolution. Traffic Impact Fees shall be paid prior to
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. issuance of a certificate of Occupancy for any building
within the project.
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.
BB IT FURTHER RBSOLVED that the New Encinitas Community
Advisory Board, as Lead Agency and in their independent judgement,
finds this project will not have a significant impact on the
environment and directs staff to prepare a Negative Declaration for
. the project and De Minimis Findings in accordance wi th section
711.2 of the California Fish and Game Code. The following
mitigations are required:
1. The developer shall demonstrate conformance with the
Geotechnical Investigation during grading operations to
the satisfaction of the City Engineer.
2. Loading dock operations shall be limited to daytime hours
between 7 a.m. and 9 p.m. as defined by the City of
Encinitas Noise Ordinance. Delivery truck speed when on
the property shall be limited to 15 m.p.h. to reduce the
noise impact of truck movement. A sign to this effect
shall be posted to the satisfaction of the Community
Development Director near the delivery dock to be visible
to delivery drivers.
3. Landscaping removed on the eastern slope during the
project's construction shall be replaced to the
satisfaction of the Community Development Director.
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. PASSED AND ADOPTED this 22nd day of November 1994, by the
following vote, to wit:
AYES: Edde, Weinstein, Beck, Van Reusen, Felker
NAYS: None
ABSENT: None
ABSTAIN: None
Æ'~
. inia Felker, Chair of the
New Encinitas Community Advisory
Board, City of Encinitas
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ATTEST:
~c>t. O~
Craig R. Olson
Assistant Planner
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. EXHIBIT n1n
RESOLUTION NO. NE-94-05
Pindinqs Pursuant to
section 23.08.070 (et. seq.)
of the Encinitas Kunicipal Code:
Desiqn Review Permits
(1) The project design is consistent with the General Plan, or
Specific Plan and the provisions of the Municipal Code.
Pacts: 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 other than those
identified aspects related to project signage which can be
corrected by adherence to the Conditions of Approval
stipulated within this Resolution and the Variance to interior
Side Yard Setback requirements approved for this application.
. Conclusion: The New Encinitas Community Advisory Board finds,
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.
Pacts: The Design Review Guidelines relate to site Design,
Building Design, Landscape Design, Sign Design and Privacy and
Security. The project proposes construct a commercial
shopping center. 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
wi th nearby commercial centers wi thin the subj ect 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 the Design
Guideline issue that "Signs shall be of a size and scale with
the building to which it is attached" as presented in the
approved Master sign Program. The project has been
condi tioned 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 project design 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.
Facts: 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.
.
. Findings Pursuant to
Chapter 30.74.070 (Use Permits)
of the Encinitas Kunicipal Code:
1. The location, size, design and operating characteristics
of the proposed project will be compatible with and will not
adversely affect and will not be detrimental to adjacent uses,
residences, buildings, structures or natural resources, with
consideration given to, but not limited to:
a. The adequacy of public facilities, services and utilities
to serve the proposed project;
b. The suitability 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.
Facts: The application includes a Minor Use Permit request
for the proposed monument sign to be increased in height from
eight feet on its eastern side to twelve feet on the western
side. The monument signage area measures 17 feet in width
with stucco borders on each side which match the exterior
materials used within the center. The base of the monument
. sign will angle into the slope near the street frontage. The
sign's base is shown to have the same exterior ceramic tile
materials as used within the center.
Discussion: The approximately 170 square foot monument sign
conforms to the allowable sign area established by the
Municipal Code which permits the sign to measure no more than
175 square feet. The monument sign will be double faced and
lit from the interior. The monument sign has been relocated
to the northerly side of the entry drive so as not to pose a
sight distance problem for motorists turning right onto
northbound EI Camino Real.
Conclusion: Therefore, the Board finds that adequate public
facilities, services and utilities are available to the site
to provide for the type of signage provided for by the Master
Sign Program. No evidence has been received during the
planning review process to indicate that the project'ssignage
would have a significant adverse impact upon adjoining
properties or public facilities.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the provisions
of the Municipal Code; and
.
. 3. The project complies with all other regulations,
conditions or policies imposed by the Municipal Code.
Facts: The monument sign conforms with, or has been
conditioned to conform with, the requirements of the City's
Sign Ordinance in that a Major Sign Program has been approved
in conjunction with the project.
Discussion: The additional height of the monument sign is
required to adequately identify tenants within the commercial
center.
Conclusion: Therefore, the Board finds that the Minor Use
Permit approval for the monument sign to measure a maximum of
12 feet in height will not adversely affect the policies of
the Encinitas General Plan or the provisions of the Municipal
Code; and that the monument sign complies with all other
regulations, conditions or policies imposed by the Municipal
Code.
.
.
. Findings Pursuant to
section 30.60.100B 4 (Sign Programs)
of the Encinitas Kunicipal Code:
Sign Programs shall integrate with the architecture of the building
complex, including such elements as size, color, location, and
construction materials. The Sign Program is to encourage
excellence in design allowing for creativity and art in signage.
A Sign Program may be approved which varies from the specific
limitations of the Sign Ordinance if the Community Advisory Board
finds that unusual circumstances such as architecture and site
design are present.
Facts: The project signage conforms with, or has been
conditioned to conform with, the requirements of the City's
Sign Ordinance in that a Master Sign Program has been approved
for the project.
Discussion: Wall mounted, internally illuminated, channel
letter style signage is indicated on the Building Elevation
plans and in the Master Sign Program. The Community Advisory
Board has determined that the standards established by the
approved Sign Program for the square footage allowed for wall
signs and any future canopy signs shall be implemented.
. Conclusion: Therefore, the Board finds that the Sign Program
is complementary to the architecture of the building complex,
including such elements as size, color, location, and
construction materials.
.
. Pindings for Approval of a Tentative Parcel
Map for Subdivision of Property
Pursuant to Section 66474 of the state Kap Act
(A) That the proposed map is consistent with the General Plan.
Pacts: The application proposes four commercial parcels
having net acreages in excess of 10,000 square feet as
required by the General Commercial Zoning District standards.
The parcels are configured and designed in such a manner as to
permit future development which would conform to current
development standards except as provided by the approved
Variance. Access is provided to each parcel.
Discussion: The project conforms to the Municipal Code and
General Plan requirements for the General Commercial Zoning
District.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds the Tentative Parcel Map is consistent with the
General Plan.
(B) That the design or improvement of the proposed subdivision is
consistent with the General Plan.
Pacts: The Tentative Parcel Map proposes lot sizes consistent
. with the lot area requirements for the General Commercial
Zoning District. The parcels indicated on the Tentative
Parcel Map are configured in such a way as to accommodate
future commercial development to conform to required setbacks
except as provided in the associated Variance request. All
other design requirements for future structures on the
proposed parcels can be accommodated by the design of the
Tentative Parcel Map.
Discussion: The Tentative Parcel Map reviewed for the
proposed subdivision indicates that the project is designed to
conform to Zoning Code standards and is consistent with
General Plan provisions for the General Commercial Zoning
District.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds that the Tentative Parcel Map's design is
consistent with the General Plan.
(C) That the site is physically suitable for the type of
development.
Facts: The Tentative Parcel Map proposes to provide lot sizes
that conform to the requirements of the General Commercial
Zoning District. A Geotechnical Report prepared by ROBERT
.
. PRATER ASSOCIATES (dated January, 1994 and on file with the
Community Development Department) concludes that no
significant geotechnical conditions that cannot be corrected
by adherence to acceptable soil preparation techniques are
present that would preclude the development of the site for
future commercial structures. No evidence has been submitted
during the project review period to indicate that the site is
not physically suitable for future development. The parcels
are provided adequate access and the site is physically suited
to provide for development pursuant to General Commercial
Zoning District standards.
Discussion: Water, Sewer, Fire, Police and other services can
be provided for the type of future development which may be
permitted by the General Commercial Zoning District.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds that the site is physically suitable to
accommodate the future development of four commercial parcels
accordance with the State Map Act.
(D) That the site is physically suitable for the proposed density.
Facts: The Tentati ve Parcel Map proposes four commercial
parcels and the General Commercial Zoning District does not
specify any density constraints for the type of development
. proposed other that net acreage, width and depth, parking
requirements, etc. which are consistent with commercial
development.
Discussion: Density constraints are not applicable for the
proposed project.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds that the Tentative Parcel Map conforms to the
standards of the General Commercial Zoning District and that
density is not applicable to the project.
(E) That the design of the subdivision or the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or
wildlife or their habitat.
Facts: An Environmental Initial Assessment (EIA) has been
conducted for the project in conformance with the California
Environmental Quality Act (CEQA).
Discussion: The EIA has concluded that a Negative Declaration
may be adopted for the project and the mitigations recommended
by the EIA have been required as conditions of the project's
approval.
.
. Conclusion: The New Encinitas Community Advisory Board, in
its independent judgment, has reviewed the project EIA and
finds that a Negative Declaration can be adopted pursuant to
CEQA Guidelines and that the mitigations which have been made
conditions of the project approval will reduce environmental
impacts below a level of significance. Furthermore, the Board
finds that the project will not have an adverse impact on
wildlife resources as defined by section 711.2 of the state
Fish and Game Code and directs staff to prepare "De Minimis
Findings" and a certificate of Fee Exemption.
(F) That the design of the subdivision or type of improvements is
not likely to cause serious public health problems.
Facts: All services and utilities are available to be
extended to the project site.
Discussion: The Tentative Parcel Map proposes to create four
parcels for future commercial development. No evidence has
been submitted to indicate that a serious public health
problem would occur should commercial structures be
constructed or commercial uses be conducted on the subject
property.
Conclusion: Therefore, the New Encinitas Community Advisory
. Board finds that the design of the subdivision and future
commercial development on the site can be adequately serviced
with necessary utilities and the project will not cause any
serious public health problems.
(G) That the design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public at
large, for access through or use of, property within the
proposed subdivision.
Facts: The Tentati ve Parcel Map indicates that adequate
access to each of the four commercial parcels can be provided
in conformance with city standards. All other known easements
for utilities or access are indicated on the Tentative Parcel
Map.
Discussion: The design of the Tentative Parcel Map will not
conflict with any easements for utilities or roadways. The
Tentative Parcel Map has been conditioned to require all
access easements and utilities to be shown on the Final Parcel
Map in accordance with City standards and the servicing
utility's requirements.
Conclusion: Therefore, the New Encinitas Community Advisory
Board finds that the design of the subdi vision and future
.
. improvements will not conflict with any public easements nor
hinder access to, or the use of, property within the proposed
subdivision.
.
.
. Findings Pursuant to section 30.78.030
of the Municipal (Zoning) Code
Related to Variances
A. A Variance from the terms of the zoning ordinance shall be
granted only when, because of the special circumstances applicable
to the property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance
deprives such property of privileges enjoyed by other property in
the vicinity and under identical zoning classification.
Facts: The application requests a Variance to allow for a
zero lot line setback between the proposed Pet Metro and
circuit City structures.
Discussion: The applicant's statement of Justification
contends that the intent of the subdivision is for financing
purposes and that the retail center would, in every other way,
operate as if it were held under a single ownership. The ten
foot setback from the side property line required by Code
would create a twenty foot separation between the Circuit City
structure and the Pet Metro structure. The applicant contends
that such an area would be difficult to landscape due to
insufficient sunlight, could present a hiding area for
. criminal activities, and would be a collection area for
litter.
Conclusion: The New Encinitas community Advisory Board finds
that the strict application of the zoning ordinance requiring
a ten foot setback from the interior property line would tend
to create unnecessary adverse conditions on the site which can
be eliminated by the Variance approval and that future
development, in all other aspects, would appear the same as
other commercial development within the General Commercial
Zoning District.
B. Any variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized will not
constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which
such property is situated.
Facts: The Variance allows for a zero side yard setback
between two commercial structures.
Discussion: No special conditions are necessary since the
Variance approval does not authorized and will not constitute
a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and in the
.
General Commercial Zone since the Variance will not create a
4IÞ situation which is not commonly found within other commercial
developments.
Conclusion: Therefore, the New Encinitas community Advisory
Board finds that the Variance is warranted since the Variance
approval does not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the
vicinity and zone in which the property is situated.
C. A variance will not be granted for a parcel of property which
authorizes a use or acti vi ty which is not otherwise expressly
authorized by the zoning regulation governing the parcel of
property.
Facts: The General Commercial Zoning District permits
commercial development as a right.
Discussion: The project proposes the development of a
commercial center which is typically associated with the type
of commercial structures proposed in the Design Review Permit
application.
Conclusion: Therefore, the New Encinitas Board finds that the
Variance does not authorize a use or activity which is not
otherwise expressly authorized by the zoning regulation
. governing the parcel of property.
D. No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
1. Could be avoided by an alternate development plan; which
would be of less significant impact to the site and
adjacent properties than the project requiring a
variance;
2. Is self-induced as a result of an action taken by the
property owner or the owner's predecessor;
3. Would allow such a degree of variation as to constitute
a rezoning or other amendment to the zoning code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Facts: The project conforms in all other aspects with the
development standards of the General Commercial Zoning
District and all other applicable standards required by the
Municipal Code except for the encroachment into the interior
Side Yard Setback as approved by this Resolution.
.
I
. Discussion: An alternative design that would not require
Variance approval is not practical for this property and would
be of greater adverse impact to surrounding residents since
such a design would create a twenty foot separation between
the circuit City structure and the Pet Metro structure. Such
an area would be difficult to landscape due to insufficient
sunlight, could present a hiding area for criminal activities,
and would be a collection area for litter.
Conclusion: Therefore, the New Encinitas Board finds that the
project does not impose any significant adverse impacts to the
site and adjacent properties and that the Variance is not
self-induced as a result of an action taken by the property
owner or the owner's predecessor. The project does not allow
such a degree of variation as to constitute a rezoning or
other amendment to the Zoning Code nor has any evidence been
submitted to indicate that the project would authorize or
legalize the maintenance of a private or public nuisance.
.
.