1990-24
RESOLUTION NO. OE90-£i
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT TO ALLOW CONSTRUCTION OF A
45,000 SQ. FT. PROFESSIONAL OFFICE COMPLEX
LOCATED NORTH OF ENCINITAS BLVD. APPROX.
300 FT. EAST OF SAXONY RD.
(CASE NUMBER 88-367DR/EIA)
WHEREAS, a request for consideration of a design review permit
was filed by Mr. Les Young to allow construction of a proposed
45,000 sq. ft. professional and medical office complex on two
existing legal lots totalling approx. 2.6 acres in area in the GC
and OP zones per Chapter 23.08 of the City of Encinitas Municipal
Code, for the property located north of Encinitas Blvd approx. 300
ft. east of Saxony Rd., designated as Tax Assessor's Parcels No.
258-111-06 and 258-111-30, legally described as:
A portion of the West half of the Northeast quarter of the
Northwest quarter of Section 15, Township 13 South, Range 4 West,
San Bernadino Meridian, in the County of San Diego, State of
Cal ifornia, according to the United States Government Survey.
Office of the County Recorder; and
WHEREAS, a public hearing was conducted on the application on
August 20, September 27, and October 25,1990, and;
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated August 14, Sept. 19, and October
19, 1990;
2. The application and project plans submitted by the
applicant dated received Oct. 17, 1990;
3. The Final EIR from A.D. Hinshaw and Associates dated July
19, 1990;
4. Letters received from CalTrans, San Dieguito United
Methodist Church, and Rick Engineering;
5. Oral evidence submitted at the hearing;
6. Written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08 of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 88-
367DR/EIA is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
The Encinitas Planning commission has certified the Final EIR for
the project as complete on August 28, 1990 pursuant to the City of
Encinitas CEQA Implementation Guidelines, and that with
incorporation of the mitigation measures set forth therein, the
project will result in no significant adverse environmental
impacts.
PASSED AND ADOPTED this 25th day of October,
following vote, to wit:
1990,
by the
AYES: Birnbaum, Rotsheck, Tobias
NAYS: None
ABSENT: Steyaert
ABSTAIN: None
í7L {, /6~
Peter Tobias, Chairman of
the Old Encini tas Community
Advisory Board
ATTEST:
~~
Tom Currl en
Associate Planner
ATTACHMENT "A"
FINDINGS FOR DESIGN REVIEW (CHAPT. 23.08 MUNICIPAL CODE)
(Case # 88-367DR)
The following findings must be made by the Board to warrant
approval of the design review permit pursuant to Chapter 23.08
of the Encinitas Municipal Code:
A. The project design is inconsistent with the General
Plan, a Specific Plan or the provisions of this Code.
Evidence to: General professional office type uses and
medical office use are both allowed by right under Chapt.
30.09 of the Municipal Code and in the Land Use Element
of the General Plan p. LU-32. Subject to the standard
conditions of approval contained in the attache draft
resolution, the project will conform with all provisions
of the Municipal Code and Zoning Code.
The project site is within the Scenic Corridor Overlay
Zone identified in the Resource Management Element of
the General Plan due to its proximity to I-5. In
accordance with Policy 4.9 of the Resource Management
Element, as well as Sect. 30.34.080 (B) of the Municipal
Code, the project is found to adequately consider "...
the overall visual impact of the proposed project and
conditions or limitations on project bulk, mass, height,
archi tectural design, grading, and other visual factors".
B. The project design is substantially inconsistent with
the City's Design Review Guidelines.
Evidence: In accordance with the discussion contained
in the staff reports dated August 14, September 19, and
October 19, 1990, and the testimony received at the
public hearing, the Board has determined that project
design is compatible with the site and neighboring
development, will not result in the loss of any
significant views presently enjoyed by other properties,
is landscaped to provide for adequate screening and
shading of parking areas as well as softening the
building mass, and is otherwise in substantial compliance
with the Design Review Guidelines contained in Chapter
23.08 of the Encinitas Municipal Code.
C. The project would adversely effect the health, safety,
or general welfare of the community.
Evidence: A portion of the site requires annexation to
the Encinitas Sanitary District, proceedings for which
have already been begun by the applicant through the
sanitary District and LAFCO. Upon approval of that
annexation, upon which this approval is conditioned, all
public services and utilities will be in place to serve
the project and staff has identified no aspect of the
project which could adversely effect the health, safety,
or general welfare of the community.
D. The project would cause the surrounding neighborhood
to depreciate materially in appearance or value.
Evidence: It is the opinion of staff and the Old
Encinitas Community Advisory Board that the project
substantially conforms with the City's adopted design
criteria, is compatible in design and scale with
surrounding development and would thus not cause any
material depreciation to the appearance or value of the
surrounding areas.
RESOLUTION NO. OE-9~~24
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Applicant:
Young
Case No:
88-367 DR/EIA
Subject:
Proposed 45,000 sq.
complex
ft. professional office
Location:
North of Encinitas Blvd. approx. 300 ft. east
of Saxony
1.
SPECIFIC CONDITIONS
A.
A mitigation monitoring program has been established by
the Final EIR prepared by A. D. Hirshaw and Associates
dated July 19, 1990 in accordance with Section 21.081.6
of the Public Resources Code. The applicant shall
provide for compliance with the mitigation measures
contained therein to the satisfaction of the Community
Development Departments, as set forth below:
IMPACT:
The geotechnical report prepared for the proj ect
site indicates that specified grading practices will
need to be employed during grading, including the
preparation of subgrade soils, compaction and method
filling, cut and fill slopes and surface and
subsurface drainage, and structural foundations, or
unstable subsurface conditions may result.
MITIGATION:
The recommendations contained in the geotechnical
report should be adhered to.
MONITORING:
Prior to issuance of grading permits, the applicant
will provide proof of hiring a qualified soils
engineer who will ensure that all recommendations
contained with the geotechnical report are followed
by inspecting the site periodically during the
development phase.
IMPACT:
On-site runoff could impact the proposed structure.
TC/jmjCRO9-671WP5
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 1 of 9
MITIGATION:
MONITORING:
IMPACT:
MITIGATION:
MONITORING:
B.
Pad drainage should be designed to direct surface
waters away from the proposed structure and into
approved drainage facilities. A minimum 2 percent
gradient should be maintained for earth areas and
drainage patterns approved at the time of final
grading should be maintained throughout the life of
the proposed structure.
Prior to the issuance of grading permits the
applicant will provide proof of hiring a qualified
soil engineer who will ensure that appropriate
drainage recommendations are followed during final
grading.
Grading on the
sedimentation.
site could
lead to
erosion and
The applicant shall have interim and final erosion
and sediment control plans prepared in accordance
wi th the City of Encini tas Grading, Erosion and
Sediment Control Ordinance.
Prior to issuing a grading permit, the Encinitas
Department of Public Works shall approve the
applicant's interim and final erosion control plans.
The developer shall incorporate the traffic operational
improvements contained in the Final EIR prepared for the
project by A. D. Hirshaw Associates to be verified by the
Community Development Department prior to final occupancy:
4)
1)
2)
The driveway at Encinitas Boulevard shall be restricted
to a right turn in and out only. This will eliminate a
Level of Service E (AM peak hour) and Level of Service
F (PM peak hour) at the Calle Magdalena/Project Driveway
intersection (see Table 2.1.3).
Adequate signing shall be provided on-site to direct
traff ic to parking areas. Wi th two entrances to the
site, signs directing traffic to appropriate parking
areas will result in better on-site traffic movement.
3)
stop signs shall be placed at the project driveway
intersections with Encinitas Boulevard and Saxony Road.
This will allow for improved safety conditions for
traffic leaving the site. The driveway at Encinitas
Boulevard shall have wide flares to facilitate the right-
turns in and out of the project site.
The applicant shall dedicate right of way for the
widening of Encinitas Boulevard as required by the
Encini tas Department of Public Works. This will give the
TC/jmjCRO9-671WP5
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 2 of 9
F.
Department of Public Works the necessary right-of-way
needed for the planned widening of Encinitas Boulevard
and its subsequent upgrade to Prime Arterial status,
thereby increasing the amount of traffic Encinitas
Boulevard can accommodate (see also condition 9A).
5)
The northbound Interstate 5 off-ramp shall be restriped
to allow both lanes to turn right onto Encinitas
Boulevard. The outside turn lane on the off-ramp will
allow the traffic to access the left-hand turn lane for
Saxony Road at the Encinitas Boulevard/Saxony Road
intersection. By enabling traffic to access the left-
hand turn lane at the Encinitas Boulevard/Saxony Road
intersection, this traffic will be able to utilize the
Saxony Road entrance to the project site (see Figure
2.1. 7) . This entrance will be critical to efficient
circulation if there is no median opening on Encinitas
Boulevard at the Encinitas Boulevard/Project
Driveway/Calle Magdalena intersection, as is recommended
above.
C.
Permittee will construct the following improvements to the
ultimate street width locations prior to City's issuance of
occupancy for the project:
1. Install type G curb and gutter
2. Install standard street lights
3. Install concrete curb and gutter
4. Install concrete drive approach
D.
Prior to permit issuance, all of the subject property shall
be annexed to the Encinitas Sanitary District.
E.
The applicant shall execute and record reciprocal access and
maintenance agreements with the property adjacent to the east
in order to provide for pedestrian and vehicular access
between the properties at such time as development of the
adjoining property occurs. Said agreements shall be found
satisfactory by the Community Development and Public Works
Departments prior to building permit issuance.
Prior to permit issuance, the applicant shall execute and
record reciprocal access and maintenance agreements
establishing access to Encinitas Blvd. for the property
adjacent to the west (APN#258-111-07)and allowing the subject
property co-use of driveways and parking areas located on that
adjacent site to the satisfaction of the Community Development
and Public Works Departments.
TC/jm/CRO9-671WP5
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 3 of 9
I1.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
This approval will expire in two years, on October
11, 1992, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of this
approval.
B.
C.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
D.
Approval of this request shall not waive compliance
wi th any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at
the time of Building Permit issuance unless
specifically waived here.
E.
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 unless specifically waived here.
F.
This approval shall become null and void if building
permits are not issued for this project within two
years from the date of project approval.
G.
permi ts from other agencies will be required as
follows:
Coastal Commission
H.
Prior to issuing a final inspection on framing, the
applicant shall provide a survey from a licensed
surveyor or a registered civil engineer verifying
the building height is in compliance with the design
review permit and at no greater than 30 feet from
the lower of finished or natural grade.
1.
Al though the Zoning Ordinance may define certain
building heights as two story structures, the
Uniform Building Code may define the structure as
a three story building requiring an additional exit
or other improvements.
TC/jm/CRO9-671WP5
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 4 of 9
J.
Project is approved as submitted/modified as
evidenced by the site plans, elevations, grading
plans, and landscape plans consisting of 8 sheets
received by the City of Encinitas on October 17,
1990 and signed by a City Official as approved by
the Old Encinitas Community Advisory Board on
October 25, 1990 and shall not be altered without
Planning and Community Development Department review
and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
C.
D.
E.
TC/jm/CRO9-671WP5
SITE DEVELOPMENT
A.
site shall be developed in accordance with the
approved site plans which are dated and signed as
approved on October 25, 1990 by the Old Encinitas
Community Advisory Board and which are on file in
the Planning and Community Development Department
and the conditions contained herein.
B.
All roof appurtenances, including air conditioners,
shall be architecturally integrated, shielded from
view and sound buffered from adj acent properties and
streets as required and approved by the Department
of Planning and Community Development.
Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and
Community Development.
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:
Building permit issuance.
A plan shall be submitted for approval by the
Director of Planning and Community Development and
the Encinitas Fire Department regarding the security
treatment of the site during the construction phase,
the on- and off-site circulation and parking of
construction workers' vehicles and any heavy
equipment needed for the construction of the
project.
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 5 of 9
3.
4.
5.
SIGNS
A.
PARKING AND VEHICULAR ACCESS
A.
Parking lot layout shall meet the standards of the
Zoning Ordinance and the off street Parking Design
Manual.
B.
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.
C.
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
LANDSCAPING
A.
A detailed landscape and irrigation plan shall be
submitted to and approved by the Planning and
Community Development Department/Community Advisory
Board prior to the issuance of building permits.
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 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.
B.
Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance and shall be subject to approval by the
Community Development Department/Community Advisory
Board.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6.
FIRE
A.
TC/jm/CRO9-671WP5
Prior to delivery of combustible building materials
on 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 adequate, permanent access
for emergency vehicles. Said access shall be
maintained to the satisfaction of the Fire District.
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 6 of 9
B.
The applicant shall install a fire alarm system
satisfactory to the Encinitas Fire Protection
District prior to final occupancy.
c.
Elevators shall be Gurney size (inside dimensions
6'8" x 4 '3", with clear opening width of 42"
minimum) .
D.
Developer shall provide two (2) on site fire
hydrants and a standpipe system to the satisfaction
of the Encinitas Fire Protection District.
E.
structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
F.
Prior to final recordation, the applicant shall
submit a letter from the Fire District stating that
all development impact, plan check and/or cost
recovery fees have been paid or secured to the
satisfaction of the District.
G.
An Emergency lighting system shall be installed to
the satisfaction of the Encinitas Fire Protection
District prior to final occupancy.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7.
GRADING
A.
B.
c.
D.
TC/jm/CRO9-671WP5
The developer shall obtain a grading permit prior
to the commencement of any clearing or grading of
the site.
The grading for 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 verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission
is obtained from the owners of the affected
properties.
A separate grading plan shall be submitted and
approved and a separate grading permit issued for
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 7 of 9
8.
A.
B.
C.
the borrow or disposal site if located within the
city limits.
E.
All slopes within this project shall be no steeper
than 2: 1.
F.
A soils/geological/hydraulic report (as applicable)
shall be prepared by a qualified engineer licensed
by the state of California to perform such work at
first submittal of a grading plan.
G.
Prior to hauling dirt or construction materials to
any proposed construction site within this project
the developer shall submit to and receive approval
from the City Engineer for the proposed haul route.
The developer shall comply with all conditions and
requirements the City Engineer may impose with
regards to the hauling operation.
Drainaqe Conditions:
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.
A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto 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.
TC/jm/CRO9-671WP5
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 8 of 9
9.
10.
D.
The drainage system shall be designed to ensure that
runoff resulting from a 10-year frequency storm of
6 hours or 24 hours duration under developed
conditions, is equal to or less than the runoff from
a storm of the same frequency and duration under
existing developed conditions. Both 6 hour and 24
hour storm durations shall be analyzed to determine
the detention basin capaci ties necessary to
accomplish the desired results.
street Conditions
A.
30' shall be dedicated by the developer along the
subdivision frontage based on a center line to
right-of-way width of 81 feet and in conformance
with City of Encinitas standards.
B.
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.
C.
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.
utilities
A.
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
B.
The developer shall be responsible for coordination
with S.D.G. &E., Pacific Telephone, and Cable TV
authorities.
C.
All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
D.
The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
TC/jm/CRO9-671WP5
(10/29/90/2)
CASE NUMBER: 88-367 DR
Page 9 of 9