1995-11
RESOLUTION NO. OE 95-11
8 A RESOLUTION OF THE
OLD ENCINIT AS COMMUNITY ADVISORY BOARD
OF THE CITY OF EN CINIT AS
APPROVING A DESIGN REVIEW PERMIT
AND COASTAL DEVELOPMENT PERMIT
FOR A PROPOSED BUILT-IN SWIMMING POOL
WITH ASSOCIATED FENCING AND LIGHTING
FOR PROPERTY
LOCATED AT 451 N. HIGHWAY 101
(CASE NO. 95-215 DR/CDP; APN 256-272-15)
WHEREAS, an application for a Design Review Pennit and Coastal Development Pennit
was filed by Barry PatellEconolodge (previously Friendship Inn) pursuant to Chapter 23.08
(Design Review) and Chapter 30.80 (Coastal Development Pennit) of the City of Encinitas
Municipal Code to allow an addition of a built-in swimming pool with associated fencing and
8 lighting on the property located at 451 N. Highway 101 and legally described as;
Lots 12, 13, 14, 15, 16 and 17 in Block "L" of Seaside Gardens, according to Map thereof
No. 1800, filed in the Office of the County Recorder of San Diego County, August 6, 1924.
WHEREAS, a public hearing was conducted by the Old Encinitas Community Advisory
Board on December 21, 1995, as required by law, and all persons desiring to be heard were heard;
WHEREAS, evidence was submitted and considered to include without limitation:
a. Project Plans including Site Plan, Elevations and Landscape Plans, consisting of
two sheets dated received by the City ofEncinitas on August 21, 1995.
b. Written infonnation submitted with the application;
c. Oral testimony from staff, applicant, and public made a part of the record at said
public hearing;
8
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d. Old Encinitas Community Advisory Board agenda report (95-215 DR/CDP) for the
meeting of December 21, 1995, which is on file in the Department of Community
Development;
WHEREAS, the Old Encinitas Community Advisory Board made the following findings
pursuant to Chapter 23.08 (Design Review) and Chapter 30.80 (Coastal Development Pennit) of
the Municipal Code:
(SEE EXHIBIT "A")
NOW THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that Design Review and Coastal Development Pennit application
No. 95-215 DR/CDP is hereby approved subject to the following conditions:
(SEE EXHIBIT "B It)
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the
City of Encinitas that:
This project was found to be exempt from environmental review under Section
15061, class (b) (3) of the State CEQA Guidelines.
cd/PA/SR95215.0El (12/11/95) -8-
PASSED AND ADOPTED this 21th day of December 1995 by the following vote, to wit:
Ayes: Birnbaum, Davis and Harden
Nays: 0
Absent: None
Abstain: None
[~~
Adam Birnbaum, Chairperson of the
Old Encinitas Community Advisory Board
ATTEST:
~/~~~~~
Tom Curriden
Senior Planner
cd/PNSR95215.0El (12/11/95) -9-
EXHIBIT "A"
FINDINGS FOR APPROVAL OF A DESIGN REVIEW PERMIT
(CHAPTER 23.08 OF THE MUNICIPAL CODE)
AND COASTAL DEVELOPMENT PERMIT
(CHAPTER 30.80 OF THE MUNICIPAL CODE)
TO ALLOW A PROPOSED BUILT-IN SWIMMING POOL
WITH ASSOCIATED FENCING AND LIGHTING
Resolution No. OE-95- 11
Case No. 95-215 DR/CDP
Applicant: Barry Patel/Econolodge Lodge
(previously Friendship Inn)
Findings for a Design Review Permit Pursuant to Section 23.08.072 of the Municipal Code:
1. The project design is consistent with the General Plan, a Specific Plan, and the provisions
of this Code.
Facts: The site is designated as General Commercial on the Land Use Designation map of
the General Plan and is zoned GC (General Commercial) on the Zoning Map. The
proposed project is in conformance with the development standards (lot coverage, height,
FAR, etc.) of the GC zone found in Section 30.20.0IOA of the Municipal Code. Based on
conditions of approval and Municipal Code Section 30.20.0IOA, allowing street side yard
setbacks to be reduced if the property is located within a designated specific plan area and
the required findings can be met. Pursuant to Municipal Code Section 30.20.0IOA, the
required findings are based on existing on and off-site conditions, prevailing commercial
district character, project design, traffic/circulation, building and site design, and the like.
Discussion: Staff has reviewed the North Highway 101 specific plan area and has
determined that the standard street side yard setback along the North Highway 101 specific
plan corridor ranges from 2 - 10 feet, not 20' required for the General Commercial street
side yard setback. Therefore, the proposed street side yard setback reduction for the south-
eastern portion of the site is consistent with existing on-site conditions and the prevailing
commercial district character and design of the North Highway 101 corridor.
With the reduced setback, the fence would be outside of the street side yard setback,
whereby the height of the fence can exceed the standard four (4) feet as required by
Municipal Code section 30.30.0IOJ(4).
cd/PAlSR95215.0El (12/11/95) -10-
Conclusion: With conditions of approval and the reduction of the street side yard setback
based on Municipal Code Section 30.20.010A, the project is in conformance with the
provisions of the General Plan and the Municipal Code.
2. The project design is substantially consistent with the Design Review Guidelines.
Facts: The subject project is a Design Review and Coastal Development Permit request to
add a built-in swimming pool of 435 sq. ft. (16' x 32') with associated fencing and lighting
where the existing ceramic and tile fountain is located. The fountain is not active, but is
used as a landscape feature only.
The proposed fencing is comprised of four foot high wrought iron fencing a top of a two
foot high concrete masonry wall with six (6) foot concrete columns spaced at intervals
throughout the fencing. The columns would have l' -4" post lantern lights on top of each
column with 25 watts to be on an electrical timer during evening pool hours only (see plans
dated August 21, 1995). The columns are proposed with a beige stucco finish to match the
color of the existing motel. The color of the wrought iron is proposed to be painted a
Russet color to match the color of the existing stair railings and building facia.
Discussion: In terms of site design (Municipal Code Section 23.08.074), the project
involves negligible changes to the existing topography of the site as the fountain would be
replaced with the built-in swimming pool which would not cause a significant change in the
existing grade. The project design does consider the constraints and opportunities of the
site and is working within the existing site constraint of limited available area. No
significant view corridors are present.
The pool is proposed to be located where the existing fountain is currently located and
would minimize the disturbance of the existing vegetation by housing the vegetation in a
greenhouse and re-planting it once the pool is constructed. In addition, the ingress and
egress will not be affected, nor will parking be reduced. The proposed fence will be
screened, in part, by the proposed landscaping.
In terms of building design (Municipal Code Section 23.08.076), the existing building is not
being changed or altered. However, the proposed fencing was designed to coordinate with
the elements of the exterior building design. The columns are proposed with a beige stucco
finish to match the color of the existing motel, and the color of the wrought iron is to be
painted a Russet color to match the color of the existing stair railings and building facia.
The proposed development will be consistent and harmonious with the existing building.
In reference to the landscape design (Municipal Code Section 23.08.076), the proposed
landscape design does provide mature landscaping as the owner is proposing to remove and
then re-plant the existing, mature landscaping. The landscaping proposed for the corner of
N. Highway 101 and El Portal is low and sparse. Staff is recommending taller and more
cd/PNSR95215.0El (12/11/95) -11-
dense plants to better screen the wrought iron fencing from the view of neighboring
properties and public streets.
Conclusion: The Old Encinitas Community Advisory Board finds that the project is in
substantial compliance with the City's adopted design criteria.
c. The project would not adversely affect the health, safety, or general welfare of the
community.
Discussion: No aspect of the project has been identified which would have any significant
adverse affect on the health, safety, or general welfare of the community.
Conclusion: The Old Encinitas Community Advisory Board fmds that this project will not
adversely affect the health, safety, or general welfare of the community.
d. The project would not cause the surrounding neighborhood to depreciate materially
in appearance or value.
Conclusion: The Old Encinitas Community Advisory Board finds that the proposed
development is compatible in character with the surrounding area; therefore the project will
riot cause a material depreciation to the appearance or value of the surrounding
neighborhood.
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Findings Pursuant to
Chapter 30.80 (Coastal Development Permit)
of the Encinitas Municipal Code:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code 21000 and following in
that there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the activity may have on the
environment.
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et seq. of the Coastal
Act.
Facts: The site is designated as General Commercial on the Land Use Designation map of
the General Plan and is zoned GC (General Commercial) on the Zoning Map. The proposed
project is in conformance with the development standards (lot coverage, height, FAR, etc.)
of the GC zone found in Section 30.20.0IOA of the Municipal Code. Based on conditions
of approval and Municipal Code Section 30.20.01OJ.3, allowing side yard setbacks to be
reduced in an area designated as a specific plan area, the project conforms with the street
side yard setbacks.
Discussion: With the conditions of approval and with the reduction of the street side yard
setback pursuant to section 30.20.0IOA of the Municipal Code, in conjunction with the
Design Review Permit approval, the project is in conformance with the provisions of the
Municipal Code. Additionally, the project is fully consistent with the General Plan and
Local Coastal plan. There are no potentially significant adverse impacts associated with
this project and thus finding No.2 is not applicable. The subject site is located on N.
Highway 101 which is not the nearest public road to the sea; therefore finding No.3 is not
applicable to the project.
Conclusion: The Old Encinitas Community Advisory Board finds that 1) the project is
consistent with the certified Local Coastal Program of the City of Encinitas, 2) that required
finding No.2 is not applicable since no significant adverse impact is associated with the
project, and 3) finding No.3 is not applicable.
cd/PAlSR95215.0El (12/11/95) -13-
EXHIBIT "B"
RESOLUTION NO. OE-95-03
CONDITIONS OF APPROVAL
Applicant: Barry Pate1Æconolodge (previously Friendship Inn)
Case No. 95-215 DR/CDP
Subject: Conditions of approval for a Design Review and Coastal Development Permit
request to add a built-in swimming pool (435 sq. ft.) with associated fencing and
lighting to an existing motel located in the General Commercial zone.
Location: 451 N. Highway 101
1. SPECIFIC CONDITIONS
A. Applicant shall submit and obtain approval from the Community Development
Department of a revised landscape plan pursuant to Municipal Code chapter 23.26,
Water Efficient Landscape Program. The revised landscape plan shall include, but
not limited to, both the botanical and common name, the quantity, size and location
of all plantings prior to the issuance of building permits. Said landscape plan shall
include medium height plants to better screen the wrought iron fencing from the
view of neighboring properties and public streets.
2. GENERAL CONDIT! ONS
A. This approval will expire in two years, on December 21, 1997 at 5:00 p.m. unless
the conditions have been met or an extension has been approved by the Authorized
Agency.
B. This approval may be appealed to the Planning Commission within 15 calendar
days from the date of this approval.
C. Applicant agrees that the hours of operation of the pool will be from 8:00 am to
9:00 pm. The applicant shall observe these hours and have them posted in the pool
area at all times.
D. Approval of this request shall not waive compliance with any sections of the Zoning
Code and all other applicable City Ordinances in effect at the time of Building
Permit issuance unless specifically waived herein.
E. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
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Uniform Fire Code, and all other applicable codes and ordinances in effect at the
8 time of building permit issuance unless specifically waived herein.
F. Project is approved as submitted as evidenced by the Site Plan, Elevations, and
Landscape Plan, consisting of two sheets, dated received by the City of Encinitas on
August 21, 1995; signed by a City Official as approved by the Old Encinitas
Community Advisory Board on December 21, 1995 and shall not be altered without
Community Development Department review and approval.
G. All cost recovery fees associated with the processing of the subject application shall
be paid to the Department of Community Development prior to building permit
Issuance.
H. The applicant shall pay development fees for new construction at the established
rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees,
School Fees, Water and Sewer Service Fees, Fire Fees and Flood Control Fees,
these fees shall be paid prior to issuance of building permits.
APPLICANT SHALL CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
8 A. REVIEW AND FIRE FEES: Prior to building permit issuance, the applicant shall
pay all fees including fire fees, and plan check reviews and/or cost recovery fees to
the satisfaction of the Fire Department.
APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. Building:
A. The applicant shall submit a complete set of construction plans to the Building
Division for review. The submittal shall include structural calculations and details,
a site plan, and shall conform with Municipal Code pool fencing requirements
pursuant to Municipal Code section 30.16.01O.F(3). Please note that project review
comments are not intended to be a comprehensive plan review of applicable
Building Codes and additional comments will be made after plans have been
submitted to the Building Division for plan check.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
8
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5. ENGINEERING
A. All City Codes, regulations, and policies in effect at the time of approval shall
apply.
B. No pool water or backwash shall enter into the gutter.
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