1995-05
RESOLUTION NO. CA 95-05
A RESOLUTION OF
THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW, COASTAL DEVELOPMENT,
AND ENVIRONMENTAL INITIAL ASSESSMENT APPLICATION FOR A
MEDICAL OFFICE DEVELOPMENT IN THE P-SP ZONE
FOR PROPERTY LOCATED AT 1801 SAN ELIJO AVENUE
(CASE NUMBER 95-178 DR/CDPÆIA)
WHEREAS, a request for Design Review, Coastal Development Permit, and Environmental
Initial Assessment application was filed to allow a medical office development, consisting of an
expansion to an existing building in the P-SP Zone, in accordance with Chapter 23.08 of the City of
Encinitas Municipal Code, for the property located at 1801 San Elijo Avenue, legally described as:
Lots F and G in Block 74 of Cardiff Villa Tract, According to Map thereof No. 1469, filed in the
Office of the County Recorder of San Diego County, August 10, 1912.
WHEREAS, a public hearing was conducted on the application on November 28, 1995, by the
Cardiff Community Advisory Board; and
WHEREAS, the Board considered:
1.
The November 28, 1995, staff report to the Community Advisory Board with
attachments;
Application dated received 7-14-95;
Revised plans consisting of two sheets, dated received by the City September 11, 1995;
Oral evidence submitted at the hearing;
Any written evidence submitted at the hearing; and
2.
3.
4.
5.
WHEREAS, the Community Advisory Board made the following findings pursuant to Chapters
23.08 of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Cardiff Community Advisory Board of the
City of Encinitas hereby approves application 95-178 DR/CDP/EIA, subject to the following
conditions:
(SEE ATTACHMENT "B")
NOW, THEREFORE BE IT ALSO RESOLVED that the Cardiff Community Advisory Board
of the City of Encinitas hereby certifies the Negative Declaration for application 95-178
DR/CDP/EIA, based upon a review of the Initial Study prepared by Craig Lorenz & Associates for
the subject project.
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PASSED AND ADOPTED this 28th day of November, 1995, by the following vote, to wit:
AYES:
Fullwood, Grossman, MacFall, Sarkozy
NAYS:
None
ABSENT:
Crimmins
ABSTAIN:
None
000 MacFall, Chairman of the
Cardiff Community Advisory Board
ATTEST:
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ATTACHMENT "A"
Resolution No. CA 95-05
Case No. 95-178 DR/CDP/EIA
Applicant: Sinclair
FINDINGS - DESIGN REVIEW
Findings: (Code Section, Factual Circumstances, Reasoning, Conclusion
Section 23.08.072 of the Municipal Code provides findings applicable to Design Review:
A. The project design is not inconsistent with the General Plan, a Specific Plan or the provisions of
this Code.
Facts: The Community Development Staff has provided a detailed review of the application in
light of the Municipal Code standards for the subject P-SP Zone, and the Cardiff Community
Advisory Board has reviewed the application and is familiar with the project site.
Discussion: A review of the application has been conducted by the Community Development
Staff and the Cardiff Community Advisory Board and all applicable standards and goals have
been found to be satisfied with the subject application.
Conclusion: The Cardiff Community Advisory Board determines that the project as proposed is
consistent with the General Plan.
B. The project design is substantially consistent with the City's Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines with which the
authorized agency must find the project substantially consistent in order to grant approval.
The applicant proposes to construct a medical office building with a total floor area of 2,400 sq.
ft., and a total floor area ratio of .20.
Discussion: 1) Site design: With regard to Design Guidelines 1.1 -1.11, the Board finds that the
proposed project adequately addresses these required elements. Specifically, regarding
Guideline 1.4, the Board finds that the project adequately provides for views "to the site" in that
the project proposes design elements having substantial building wall variation, varied roof lines,
and would present a pleasing primary elevation to the street (Montgomery Avenue), creating a
project with a high degree of visual interest.
The Board finds that the requirement to provide for views "from the site" is satisfied in that the
development portion of the building site is single story and is located behind the existing
building, leaving limited potential for additional views. The Board finds that the project
adequately provides for views "through the site" since the proposed addition would be just 13.5
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ft. in height, and would be located behind an existing building of approximately 20 ft. in height,
and would therefore have an insignificant impact on any existing views through the site.
2. Building design: As previously stated, the overall project proposes design elements having
substantial building wall variation, varied roof lines, and would present a pleasing primary
elevation to the street (Montgomery Avenue), creating a project with a high degree of visual
interest, and therefore complies with Design Review Guidelines 2.1 - 2.12. Regarding
Guidelines 2.3 - 2.6, the Board finds that, as discussed above, the addition would constitute an
enhancement to the property and surrounding area.
3. Landscape Design~ The applicant proposes to add substantial landscaping to the project site,
well in excess of the 15% minimum (approximately 39%), including sod turf in the parkway
area, five specimen trees, and a mix of ground cover plantings, as per the project
site/landscape plan.
Conclusion: The Board finds that the landscape plan complies with the Design Review
Guidelines, and would constitute an enhancement to the project site and the surrounding area.
C. The project would not adversely affect the health, safety, or general welfare of the community.
Facts: An Environmental Initial Assessment has been performed for the project, and a Negative
Declaration has been filed, with no adverse comments received. No potential negative affects on
the health, safety, or general welfare of the community have been identified in conjunction with
this project.
Conclusion: The Board finds that the project would 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.
Facts: The project site consists of an un-kept property with a vacant building. The building,
though in generally sound condition, is in a state of visual disrepair. These site conditions have
been as such for many years.
Discussion: The proposed project will add onto an existing building with architecturally
pleasing design elements, will maintain and enhance the existing building, and will improve the
property with the overall development and a significant amount of landscaping. Further, the
project will effect the preservation of a historic building.
Conclusion: The Board finds that the project will create a visually interesting site and constitute
an enhancement to the surrounding area with the reclamation and improvement of a property and
building which have been vacant and lacking attention for many years.
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FINDINGS - COASTAL DEVELOPMENT PERMIT
(Section 30.80)
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 no potential adverse impacts associated with the project.
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.
Facts: The project site is within the Coastal Zone and requires the issuance of a Coastal
Development Permit. The application is to develop a medical office use, as per item 208 of
Section 30.09 of the Municipal Code.
Discussion: The applicant proposes to develop a site for use as a medical office, adding onto the
existing historic brick building located on the comer of San Elijo Avenue and Montgomery
A venue. All technical standards are satisfied with the application, such as lot coverage, FAR,
setbacks, building height, landscaping, and parking. Further, the Cardiff Community Advisory
Board has determined that the applicable findings for design review have been satisfied with the
application. An environmental initial assessment has been performed for the project and
identified
Conclusion: The Community Advisory Board finds that the project is consistent with the
Municipal Code and the LCP, and will not generate adverse impacts on the environment.
No aspect of the project has been identified which could have an adverse impact on coastal or
any natural resources. The approval of this Coastal Development Permit satisfies the
requirements of the Encinitas Local Coastal Program.
The Community Advisory Board finds that the project is consistent with the certified Local
Coastal Program of the City of Encinitas and that required finding #2 is not applicable since no
significant adverse impact is associated with the project.
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ATTACHMENT "B"
Resolution No. CA 95-05
Case No. 95-178 DR/CDP/EIA
Applicant: Sinclair
CONDITIONS
1. SPECIFIC CONDITIONS
A.
The handicapped parking space shall be provided with a loading and access ramp, as per
the standards delineated in the Parking Design Manual of the Municipal Code. This
feature shall be provided on development plans submitted to the City for building pennit.
B.
Prior to the issuance of building pennits for the project, the applicant shall submit an
irrigation plan for review and approval by the Community Development Department.
C.
The applicant may delete specimen trees trom the planting plan in order to minimize
view impact concerns. Any modifications to the landscape plan shall be reviewed by the
Community Development Department prior to issuance of any building pennits for the
project.
2. GENERAL CONDITIONS
D.
E.
A.
This approval will expire on November 28, 1997, two years trom the date of approval,
unless a building pennit has first been obtained, or an extension has been approved by
the Authorized Agency.
B.
This approval may be appealed to the authorized agent within 15 days from the date of
this approval.
C.
The project is conditionally approved as submitted as evidenced by the project plans
dated received September 11, 1995, and consisting of two sheets, and signed by a City
Official as approved by the Cardiff CAB on November 28, 1995, and shall not be altered
without Community Development Department approval.
Nothing in this pennit shall relieve the applicant trom complying with the conditions and
regulations generally imposed upon activities similar in nature to the activity authorized
by this pennit.
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 Pennit
issuance unless specified herein.
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F.
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
submittal.
APPLICANT SHALL CONTACT THE DEPARTMENT OF
DEVELOPMENT REGARDING COMPLIANCE WITH THE
CONDITIONS:
COMMUNITY
FOLLOWING
3. SITE DEVELOPMENT
A.
Prior to issuance of a building permit for the project, all conditions of approval contained
herein shall be completed to the satisfaction of the Director of Community Development.
B.
All cost recovery fees associated with the processing of this application shall be paid in
full prior to issuance of the building permit.
C.
Minor modifications to this Design Review Permit, if deemed to be in substantial
conformance with the original approval, may be approved, in writing, by the Director of
Community Development. The Director may refer any modification request to the CAB
for their review/approval in accordance with the Municipal Code.
THE APPLICANT SHALL CONTACT THE SAN DIEGUITO WATER DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
4.
Existing and proposed water facilities are to be shown on improvement plans for District
approval. The cost of installation and relocation of existing and new water facilities is
the responsibility of the applicant.
THE APPLICANT SHALL CONTACT THE ENCINITAS BUILDING DIVISION
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
5.
A Building permit is required for this project. Submit plans and specifications to the
Building Division for a complete plan check and review. Contact the Building Division
for specific questions regarding plan submittal.
APPLICANT SHALL CONTACT THE FIRE DEPARTMENT
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. A.
REGARDING
Address numbers shall be clearly visible from the street ITonting the structure. The
height of the numbers shall be to Fire Department standards. Where structures are
located off a roadway on long driveways, a monument shall be placed at the entrance
where the driveway intersects the main roadway. Permanent address numbers shall be
affixed to this monument.
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B.
Prior to issuance of building pennits, the applicant shall submit a letter from the Fire
Department stating that all development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the Department.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. GRADING
A.
The developer shall obtain a grading pennit prior to the commencement of any clearing
or grading of the site.
B.
The grading for this project is defined by Chapter 23.24 of the Encinitas Municipal
Code. Grading shall be perfonned 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.
C.
No grading shall occur outside the limits of the development site unless a letter of
pennission is obtained from the owners of the affected properties.
D.
All newly created slopes within this project shall be no steeper than 2: 1.
E.
A soils/geological/hydraulic/ report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perfonn such work:
a. Prior to building pennit issuance; or
b. At first submittal of a grading plan.
8. DRAINAGE
A.
The developer shall exercise special care during the construction phase of this project to
prevent any off-site siltation. The developer shall provide erosion control measures and
shall construct temporary desiltationl 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 perfonnance through cash
deposit and bonding in amounts and types suitable to the City Engineer.
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B.
C.
The developer shall pay the current local drainage area fee prior to approval of the final
map for this project or shall construct drainage systems in confonnance with the Master
Drainage Plan and City of En cinit as Standards as required by the City Engineer.
Concentrated flows across driveways and/or sidewalks shall not be pennitted.
9. STREET CONDITIONS
A.
B.
c.
D.
E.
10. Utilities
A.
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 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.
A comer fillet with a radius of 20 feet shall be dedicated by the developer at the comer of
San Elijo Avenue and Montgomery Avenue in confonnance with City of Encinitas
Standards.
Prior to any work being perfonned in the public right-of-way, a right-of-way
construction pennit shall be obtained from the City Engineers office and appropriate fees
paid, in addition to any other pennits required.
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 pennit within this project. The improvements shall be
constructed and accepted for maintenance by the City Council prior to occupancy of any
building pennit for any unit within the project. The improvements are: On San Elijo
Avenue, 20 feet of AC pavement, Curb and Gutter, with the curb face 20 feet from
centerline, concrete sidewalk, all according to the standard street section of an
Augmented Local Circulation Element street. On Montgomery Avenue, 18 feet of AC
pavement, Curb and Gutter, with the curb face 18 feet from centerline, concrete
sidewalk, all according to the standard street section of a local street. The required radius
of the curb at the comer is 30 feet. Right of way to accommodate the curb radius must
be dedicated.
Some improvements shown on the Tentative Map and/or required by these conditions
are located offsite on property which neither the City nor the developer has sufficient
title or interest to pennit the improvements to be made without acquisition of title or
interest.
The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
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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.
E.
The developer shall be responsible for the payment of Flood Control Impact Fees and,
and Traffic Impact Fees prior to final occupancy.
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