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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) I I I . 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. . I I . 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 . . 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 . I . 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. . I . 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 . ATTEST: ~c>t. O~ Craig R. Olson Assistant Planner . . 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. . .