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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. 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