1988-29
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RESOLUTION NO. L88-29
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS, APPROVING
A MINOR USE PERMIT, DESIGN REVIEW AND
ENVIRONMENTAL ASSESSMENT TO ALLOW
CONSTRUCTION OF A COMMERCIAL STRUCTURE
LOCATED AT 1320 NORTH HIGHWAY 101
(CASE NUMBER ~8-242 MIN/DR/EIA)
( 130J.
WHEREAS, a request for consideration of a Minor Use Permit,
Design Review, and Environmental Assessment was filed by European
Heritage Construction Company to allow construction of a 12,248
square foot commercial retail center with a 50 foot tall clock
tower exceeding the 35 foot height limitation, as per Chapter 23.08
and 30.74 of the City of Encinitas Municipal Codes and Section 4622
of the Zoning Ordinance, for the property located at 1320 North
Highway 101, also known as assessor's parcel numbers 254-222-26 and
49, legally described as;
See Attachment "A"
WHEREAS, a public hearing was conducted on the application on
september 29, October 13, October 27, 1988 and January 12, 1989;
and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas considered:
1. The staff reports dated September 22, October 7, October
22, 1988 and January 5, 1989;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
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5. The proposed General Plan, Local Coastal Plan, the Zoning
Code and maps.
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas made the following findings pursuant to Municipal Codes:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-242
MIN/DR/EIA is hereby approved subject to the following conditions:
SEE ATTACHMENT "C"
BE IT FURTHER RESOLVED by the Leucadia 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 12th day of January, 1989, by the
following vote, to wit:
AYES: Eldon, Goldstein, Reed
NAYS: Dean
ABSENT: Harwood ~ ft.ttt ~
Michae Goldstein,
Chairman of the Leucadia
Community Advisory Board
of the City of Encinitas
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ATTACBKBII'l' "A"
Lots 1 and 2, Block 2 of South Coast Park No.4, in the County
of San Diego, State of California, according to Map thereof
No. 2049 filed in the Office of the County Recorder of San
Diego County July 26, 1927. Excepting from said Lots 1 and
2 the interest in and to the northeasterly 20.00 ft. of said
lots as conveyed to the State of California, in the deeds
recorded as follows: Lot 1 on January 6, 1934, in Book 267,
Page 190 of Official Records, Lot 2 on August 20, 1934, in
Book 320, Page 266 of Official Records.
'--
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-- ATTACBKBII'l' "B"
A. PINDINGS FOR A USE PERMIT (SECTIOK 30.74.070, OP MUNICIPAL
CODE)
1. The location, size, design or operating characteristics of
the proposed project will be compatible with or will not
adversely affect or will be materially beneficial to adjacent
uses, residences, buildings, structures or natural resources,
with consideration given to, but not limited to:
(a) The inadequacy of public facilities, services and
utilities to serve the proposed project;
(b) The unsuitability of the site for the type and intensity
of use or development which is proposed; and
(c) The harmful effect, if any, upon environmental quality
and natural resources of the City; or
Evidence to Consider:
The location, size, design and use of the proposed
project is compatible with adjacent uses as the proposal
is to build a commercial structure which is similar to
other commercial structures in the area.
-
2. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of this Code; and
Evidence to Consider:
The proposed project will not adversely affect the
Encinitas General Plan as the specific uses are uses
allowed in the #13 General Commercial category.
3. The project complies with any other regulations, conditions
or policies imposed by this Code.
Evidence to Consider:
The proposed project complies with and will adhere to
all other applicable City codes as represented by the
submitted plans which have been reviewed at the public
hearing and by the City and found to be in compliance.
No standard or criteria has been waived.
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B. PINDINGS FOR DESIGB RBVIEW (SECTIOB 23.08 MUNICIPAL CODE)
23.08.072 REGULATORY COBCLUSIONS - GENERALLY.
4. The project design is consistent with the General Plan, a
Specific Plan or the provisions of this Code.
Evidence to Consider:
The proposed project is consistent with the present C-36
Zoning, the #13 General Commercial designation of the present
General Plan and the General Commercial designation of the
Land Use Policy Map of the City's Draft General Plan as the
proposed commercial office/retail use is allowed in these
designated zones.
5. The proj ect design is substantially inconsistent with the
Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views enjoyed by
nearby properties to the full extent practical, reflects an
acceptable level of design appearance, takes into
consideration the privacy needs of the abutting residential
- area, incorporates significant landscaping into the project,
and otherwise substantially conforms with the City's adopted
design criteria.
6. The project would adversely affect the health, safety or
general welfare of the community.
Evidence to Consider:
The applicant has submitted a traffic study which shows that
there will be no significant impacts created by the proposed
project.
7. The project would tend to cause the surrounding neighborhood
to depreciate materially in appearance or value.
Evidence to Consider:
The proposal reflects an acceptable level of design appearance
and thus will not be materially detrimental to surrounding
properties.
8. The proposed project is compatible in structural size (bulk
and mass) to adjacent properties as the proposed structure is
two stories and commercial in appearance.
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9. There is reasonable probability that the land use and design
proposed will be consistent with the General Plan proposal
being considered or studies since the proposed General Plan
is consistent with the currently adopted General Plan.
10. There is little or no probability of substantial detriment to
or interference with the future adopted General Plan if the
proposed design is ultimately inconsistent with the plan,
since the project is allowed by the proposed General Plan.
11. The proposed project is in conformance with Section 23.08.074
of the Design Review Ordinance relative to Design and Site
Layout as the proposal is to site the project within the
already "developed" areas and not to disturb any existing
mature trees and to provide for additional public right-of-
way.
12. The proposed project is in conformance with Section 23.08.076
of the Design Review Ordinance relative to Building Design in
that the structure is designed to blend in with the existing
structures by incorporating similar finish materials.
13. The proposed project is in conformance with Section 23.08.077
of the Design Review Ordinance relative to Landscape Design
in that the proposed project is preserving the existing palm
trees and is proposing to add several trees and shrubs
adjacent to the proposed structure.
14. The proposed project design does preserve significant public
views of and through the proposed proj ect to the extent
possible as the development will be located adjacent to
Highway 101 which is significantly lower in elevation than the
property adjacent to the bluffs and Pacific Ocean, and that
the Commission has determined that some of the significant
views are being maintained for neighboring properties with the
project as designed.
15. The project takes advantage of views and/or protects to the
extent possible, some of the significant views enjoyed by the
residents of nearby properties, since it is proposed to be
constructed in a location on the site so as not to block a
substantial portion of adjacent significant views.
16. The proposed design complies with all other applicable
requirements of state law and local ordinances.
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-- ATTACBKBII'l' "C"
STANDARD CONDITIONS
APPLICANT SHALL COIl'l'ACT TO DEPARTHBII'l' OP PLANNING AND
COMMUNITY DEVBLOPHBII'l' REGARDING COMPLIANCE WITH THE POLLOWING
CONDITIONS (ITBKS 1 THROUGH 30):
GENERAL CONDITIONS
1. This approval will expire on October 27, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
2. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
3. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be sent
before the authorized agency (agent) to determine why the
City of Encinitas should not revoke this permit.
- 4. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
5. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
6. 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.
7. 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.
8. This approval shall become null and void if building
permits are not issued for this project within two
year(s) from the date of project approval.
9. Permits or findings of exemption shall be obtained from
other agencies as follows:
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a. Coastal Commission
10. AI~hough the Zoning Ordinance may allow certain building
he~ghts as two story structures, the U.B.C. may define
the structure as a three story building requiring an
additional exit or other improvements.
11. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
12. 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 limited 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 prior to (as applicable):
a. Building permit issuance; or
b. Final occupancy inspection.
SITE DEVBLOPHBII'l'
-
13. The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
14. Revised (if applicable) site plans and building
elevations incorporating all conditions of approval or
required modifications shall be submitted to and found
satisfactory by the Planning and Community Development
Department prior to issuance of building permits or any
other applicable approvals.
15. Trash receptacle(s) shall be enclosed by a 6 foot high
decorative masonry wall with view-obstructing gates
(individual units may have storage in garages if so
designated on plans). Design and location shall be
subject to review and approval by the authorized agency
(agent).
16. All roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required and approved by the authorized agency (agent).
17. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
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contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
18. Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
19. Building elevations, materials and colors are approved
as submitted or modified.
20. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
21. A plan shall be submitted for approval by the Director
of the Planning and Community Development Department and
the Encinitas Fire Protection District regarding the
treatment of the site during the construction phase, and
the circulation and parking of construction workers'
vehicles and any heavy equipment needed for the
construction of the project. said Plan shall identify
any temporary fencing, temporary parking and circulation,
project access and the like.
- PARKING AND VEHICULAR ACCESS
22. Parking lot layout shall meet the standards of the Zoning
Ordinance and the off street Parking Design Manual.
23. Parking lot lights shall be low pressure sodium, Shielded
and have a maximum height of eighteen (18) feet from the
finished grade of the parking surface and be directed
away from all property lines, adjacent streets and
residences.
24. Driveways shall meet the standards of the Zoning
Ordinance, Publ ic Works Standards, and the off street
Parking Design Manual.
LANDSCAPIBG
25. A detailed landscape and irrigation plan shall be
submitted to and approved by the authorized agency
(agent) prior to the issuance of building permits.
26. All required plantings shall be in place prior to use or
occupancy of new buildings or structures. All required
plantings shall be maintained in good growing conditions,
and whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with applicable
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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.
27. The height required for hedges or other dense landscaping
is the height to be attained within 3 years after
planting.
28. Landscaping shall be maintained in such a way so view
corridors are not blocked.
SIGNS
29. Any signs proposed for this development shall be designed
and approved in conformance with the Sign Ordinance.
30. A comprehensive Sign Program for this development shall
be submitted to the authorized agency (agent) for their
review and approval prior to issuance of building
permits.
31. Signs are approved as submitted.
APPLICANT SHALL COIl'l'ACT THB ENCIBITAS J'IRB PROTECT lOB DISTRICT
REGARDIBG COMPLIANCE WITH THE POLLOWIBG CONDITIONS (ITEMS 31
THROUGH 33):
PIRE
31. All designated emergency access roads shall be posted per
the Fire Department.
32. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. Provisions shall be made to ensure a maximum water
pressure at the fire hydrant of 150 psi. The
installation of a pressure reducing station may be
required. Required fire hydrants shall be of a bronze
type.
33. All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 24 feet wide at all times
during construction in accordance with Encinitas Fire
Protection District requirements.
APPLICANT SHALL COIl'l'ACT TO PUBLIC WORKS DEPARTHBNT REGARDING
COMPLIANCE WITH THE POLLOWING CONDITIONS: (ITEMS 34 THROUGH
51):
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GRADING
34. Grading of the subject property shall be in accordance
with the Grading Ordinance.
a. Highway 101 (street) shall be improved (no paving
required on existing traffic lanes) to centerline/a
total width of 56 feet of AC paving curb/gutter and
sidewalk within a 107 foot (dedicated right-of- way
or private easement).
b. Jason (street) shall be improved to centerline/a
total width of 20 feet of AC paving with curb/gutter
and sidewalk within a 60 foot (dedicated
right-of-way or private easement).
c. Alley (street) shall be improved to centerline/ a
total width of 20 feet of concrete paving within a
20 foot (dedicated right-of-way or private
easement).
35. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
36. The final grading plan shall be subject to review and
approval by the Public Works Department and shall be
completed prior to recordation of the final subdivision
map or issuance of building permit, whichever comes
first.
STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or
conditions affecting the property in question; and that
such modification is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity pursuant to
Municipal Code(s).)
37. All Circulation Element roads shall be dedicated and
improved to Circulation Element road standards and to
the specifications of the Director of Public Works.
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38. All interior and exterior public streets shall be
constructed to public street standards.
39. Sidewalks shall be 5 feet in width, and shall be required
on one side of Highway 101 and Jason street and shall be
located at edge of right-of-
way/adjacent to the curb.
40. 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.
41. Street improvements that include, but are not limited
to:
x a. Sidewalks f. Cross gutter
x b. Driveways x g. Alley gutter
x c. Wheel chair ramps x h. Street paving
x d. Curb and gutter x i. Alley paving
x e. Street signs j. Street lights
x k. Pavement markers
shall be completed prior to the occupancy of the units
to the satisfaction of the Director of Public of Public
Works for the following streets/alleys:
a. Highway 101
b. Jason Street
42. 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.
43. 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.
44. Street improvements and maintenance shall be made in
accordance with City Ordinance standards for:
a. Urban streets
45. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of street
trees within the public right-of-way or to have installed
specific street trees at such time that the Department
of Community Services and the Public Works Department has
identified the type, size and species of street tree to
be used.
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46. 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.
47. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 11 feet along Highway 101 adjacent to the property
for public right-of-way purposes.
Highway 101 is classified as a Major street requiring a
112 foot right-of-way or 56 feet from the official
centerline of such street.
48. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 10 feet along Jason street adjacent to the property
for public right-of-way purposes.
Jason street is classified as a local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
DRAINAGE AND PLOOD CONTROL
49. A drainage system capable of handling and disposing of
all surface water originating within the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
50. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
51. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL COIl'l'ACT TO APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE POLLOWING CONDITIONS (ITEMS 52 THROUGH
58):
UTILITIES
52. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
53. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
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54. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
55. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City
of Encinitas, Fire District, Appropriate Agency and the
Health Department of the County of San Diego.
56. Applicant shall provide a letter of availability from
the appropriate utility serving agencies prior to
granting permits or approval of final map.
57. That all required improvements conform to City Standards.
58. The Director of Public works or his designee or the
authorized agency (agent) has the authority to waive or
modify any conditions within this document.
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