1996-02
RESOLUTION NO. CA 96-02
A RESOLUTION OF
THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW PERMIT, MINOR USE PERMIT,
AND COASTAL DEVELOPMENT PERMIT APPLICATION FOR AN
ANIMAL CLINIC AND LAW OFFICE DEVELOPMENT IN THE OP ZONE
FOR PROPERTY LOCATED AT 1205 RUBENSTEIN DRIVE
(CASE NUMBER 96-021 DR/MIN/CDP)
WHEREAS, a request for Design Review, Minor Use Pennit and Coastal Development Pennit
application was filed to allow an animal clinic and law office development, consisting of a two
story building of2150 sq. ft. in the OP Zone, in accordance with Chapters 23.08,30.74, and 30.80
of the City of Encinitas Municipal Code, for the property located at 1205 Rubenstein Avenue,
legally described as:
That portion of Lot 1, Ridgeway Heights, in the City of Encinitas, County of San Diego,
According to Map thereof No. 21639, filed in the Office of the County Recorder of San Diego
County, and as more fully described in Exhibit "A" of subject Grant Deed document no. 1995-
0530548.
WHEREAS, a public hearing was conducted on the application on February 27, 1996, by the
Cardiff Community Advisory Board; and
WHEREAS, the Board considered:
1.
2.
3.
4.
5.
The February 27, 1996, staff report to the Community Advisory Board with attachments;
Application dated received January 26, 1996;
Project plans consisting of four sheets, dated received by the City January 26, 1996;
Oral evidence submitted at the hearing;
Any written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the following findings pursuant to Chapters
23.08,30.74 and 30.80 of the Encinitas Municipal Code:
(SEEAITACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Cardiff Community Advisory Board of the
City of Encinitas hereby approves application 96-021 DR/MIN/CDP, subject to the following
conditions:
(SEE AITACHMENT "B")
NOW, THEREFORE BE IT ALSO RESOLVED that the Cardiff Community Advisory Board
of the City of Encinitas hereby detennines that the project is exempt &om Environmental Review
as per CEQA Section 15303 (c).
PASSED AND ADOPTED this 27th day of February, 1996, by the following vote, to wit:
AYES:
Fullwood, Grossman, Sarkozy
NAYS:
None
ABSENT:
MacFall
ABSTAIN:
None
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( ')~..A ¿!./// --f'-: 'l:'4<-:'/-
Harold Grossman, Vice-Chainnan
of the of the Cardiff Community
Advisory Board
A TrEST:
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Jim Kennedy
Junior Plarmer
ATTACHMENT "A"
Resolution No. CA 96-02
Case No. 96-021 DR/MIN/CDP
Applicant: Gee
FINDINGS - DESIGN REVIEW
Findings: (Code Section, Factual Circumstances, Reasoning, Conclusion)
Section 23.08.072 of the Municipal Code provides fmdings 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 City has conducted a detailed review of the application in light of the Municipal
Code and General Plan standards for the subject OP 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 City and by the Cardiff
Community Advisory Board and all applicable standards and goals have been found to be
satisfied with the subject application. The office use is allowed by right and the animal clinic is
allowed with the issuance of a minor use pennit, pursuant to Section 30.09-340 of the Encinitas
Municipal Code.
Conclusion: The Cardiff Community Advisory Board determines that the project as proposed is
consistent with the General Plan. No specific plan is applicable.
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 an animal clinic and law office building with a total floor
area of2,100 sq. ft. The project complies with all development standards, such as lot coverage,
floor area ratio, building setbacks, building height, and landscaping requirements..
Discussion: 1) Site design: With regard to Design Guidelines 1.1 -1.11, the Board fmds 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 visually interesting primary elevation to the Rubenstein
Avenue and Santa Fe Drive frontages. The project is found to be of a scale which is not
incompatible with the surrounding residential area in bulk and mass. The site is designed
with the same sensitivity in mind, with the highest level of design given to the elevation and
landscaping oriented to the residential neighborhood off of Rubenstein Avenue, and by
placing the parking area behind the building, with all access taken off of Santa Fe Drive
The Board finds that the requirement to provide for views "from the site" is satisfied in that
the project utilizes a nonnal degree of view windows from the second story portion of the
building. The vicinity does not have significant views available.
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 adjacent streets, 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 34%), including ground cover materials
in the front and street side yards, numerous specimen trees, and a mix of ground cover
plantings, as per the project landscape plan.
Conclusion: The Board fmds that the building, site, and landscape design comply 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: The project complies with all applicable standards outlined in the Municipal Code. The
project is exempt from Environmental Review, as per CEQA Section 15303 (c).
Conclusion: The Board fmds 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 a property zoned Office Professional, and is occupied with
smaller, older residential buildings.
Discussion: The proposed project will demolish existing buildings and will redevelop the site
with entirely new construction and landscaping.
Conclusion: The Board finds that the project will create a visually interesting site and will
constitute an enhancement to the surrounding area with the improvement of a property and
building which have been vacant for several years.
FINDINGS - MINOR USE PERMIT
Section 30.74.070 of the Municipal Code provides findings applicable to use pennits.
1.
The location, size, design or operating characteristics of the proposed project will be
compatible with and will not adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural resources, with consideration
given to, but not limited to:
A.
The adequacy of public facilities, services and utilities to serve the proposed project;
B.
The suitability 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;
Facts: The Minor Use Pennit for the proposed veterinarian clinic is required as per Municipal
Code Section 30.09-340. The use pennit for the veterinarian business will generate potential
impacts to the surrounding area related to animal noise
Discussion: Surrounding the project site is a residential neighborhood, as well as other uses
(church and commercial). Therefore the potential for disturbances related to animal noises must
be considered. The Community Development Department has received infonnation from the
applicant in the fonn of a letter (dated received February 5, 1996) detailing the activities
proposed with the animal clinic. This letter states that the clinic area will have design features
which address potential noise impacts, including sound attenuating construction methods for
ward rooms I & 2 (see site plan) which are adjacent to the exterior south wall of the building.
Condition no. I-A of this resolution requires that the sound attenuating construction be utilized.
These rooms will have no operable windows. The letter states that the clinic will have hours of
7:00 am to 5:00 pm Monday through Friday, and 9:00 am to 1:00 pm Saturdays, and will have
extended hours until 7:00 pm approximately two nights per month. The animal clinic is not a
kennel and does not board animals ( as per condition no. I-B in resolution). The letter also states
that the future tenant for the animal clinic has operated at a nearby location (421 Santa Fe Drive)
for approximately 12 years, and that the no noise related complaints have been received. The
Community Development Department has received no complaints for the business located at
421 Santa Fe Drive. Therefore, the veterinarian clinic could operate at the proposed site with
negligible impact to the surrounding area with the implementation of the above noted conditions
of approval (as conditioned in the draft resolution).
Conclusion: The Board fmd the proposed veterinarian use is compatible with and will not
generate significant impacts to the surrounding area, given the implementation of the conditions
of approval.
2.
The impacts of the proposed project will not adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code;
Facts: The proposed project requires the issuance of a Design Review pennit, a Minor Use
Pennit, and a Coastal Development Pennit.
Discussion: The CAB has determined that the project is consistent with the General Plan
and meets the above noted pennitting requirements, and that the proposed development
meets all technical standards specified in the Municipal Code.
Conclusion: The Board determines that the proposed project will not adversely affect the
policies of the Encinitas General Plan or the provisions of the Municipal Code;
3.
The project complies with all other regulations, conditions or policies imposed by the
Municipal Code.
Facts: The proposed project requires the issuance of a Design Review pennit, a Minor Use
Pennit, and a Coastal Development Pennit.
Discussion: The CAB has determined that the project meets the above noted pennitting
requirements, and that the proposed development meets all technical standards specified in
the Municipal Code.
Conclusion: The Board detennines that the proposed project will not adversely affect the
policies of the Encinitas General Plan or the provisions of the Municipal Code;
This approval is subject to the following findings, pursuant to section 30.80.090 of the City of
Encinitas Municipal Code:
FINDINGS - COASTAL DEVELOPMENT PERMIT
Section 30.80 of the Municipal Code provides fmdings applicable to Coastal Development Pennit.
I. The project is consistent with the certified Local Coastal Program of the City ofEncinitas; and
2. The proposed development confonns with Public Resources Code 21000 and following in that
there no potential adverse impacts associated with the project and 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.
~: The project site is within the Coastal Zone and requires the issuance of a Coastal
Development Pennit. The application is to develop a animal clinic and law office building, as
per item 340 of Section 30.09 of the Municipal Code.
Discussion: The applicant proposes to develop a site for use as a veterinarian clinic and law
office, redeveloping an existing property, for a site located on the comer of Rubenstein Avenue
and Santa Fe Drive. 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 detennined that the applicable findings for desi~n review and
minor use permit have been satisfied with the application. The project has been found to be
exempt from Environmental Review as per CEQA Section 15303 (c).
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 surrounding area.
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 rIDding #2 is not applicable since no
significant adverse impact is associated with the project.
ATTACHMENT "B"
Resolution No. CA 96-02
Case No. 96-021 DRlMIN/CDP
Applicant: Gee
CONDITIONS
1. SPECIFIC CONDITIONS
A.
All sound-proofmg measures shall be incorporated into the building as detailed in the
project application, particularly in the letter submitted by the project architect dated
received February 5, 1996, regarding the animal clinic use. The use shall comply with
all Municipal Code standards relating to noise, including the Perfonnance Standards
contained in Chapter 30.40.
B.
No boarding or kennel type activities shall be pennitted at the project site. Occasional
overnight stays by animals shall be pennitted for medical purposes only, as detailed in
the above referenced letter.
C.
Storage of any narcotics, drugs or syringes shall be in a secure location on the interior of
the building.
2. GENERAL CONDITIONS
D.
E.
A.
This approval will expire on February 27, 1998, two years from 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 January 26, 1996, and consisting of four sheets, and signed by a City
Official as approved by the Cardiff CAB on February 27, 1996, and shall not be altered
without Community Development Department approval.
Nothing in this pennit shall relieve the applicant from 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.
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
E.
F.
G.
H.
A.
The handicapped parking space shall be a minimum of 9 ft. in width, and shall be
provided with a loading and access ramp, as per the standards delineated in the Parking
Design Manual of the Municipal Code. The handicapped space shall also be provided
with the appropriate wheel-stop. These features shall be delineated as stated herein and
shall be provided on development plans submitted to the City for building permit. Said
handicapped space shall also be provided with appropriate markings/signage, as per
Municipal Code and State standards.
B.
Prior to fmal occupancy for the project, all landscaping shall be installed as per the
approved plans, and the irrigation system shall be installed and fully functional.
C.
The 24 ft. light pole as indicated on the project site plan shall be reduced to a maximum
height of 18 ft., as per Municipal Code Section 30.20.01OH-2. Said lighting shall not
exceed intensity standards as delineated in the Municipal Code.
D.
As agreed by the applicant, two additional specimen trees, of the Mexican Fan Palm
variety, shall be installed demarking the vehicular entrance, to be placed on either side of
the driveway, in a location acceptable to the Community Development Department and
the City Engineering Department. Said trees shall be of a minimum of 24" box size.
The building and the two monument signs shall be provided with an address of a legible
SIze.
All cost recovery fees associated with the processing of this application shall be paid in
full prior to issuance of the building permit.
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.
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
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 nwnbers shall be clearly visible from the street fronting the structure. The
height of the nwnbers shall be to Fire Department standards.
B.
Prior to issuance of building permits, 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
D.
E.
A.
The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
B.
The grading for this project is defmed by Chapter 23.24 of the Encinitas 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.
C.
No grading shall occur outside the limits of the PROJECT unless a letter of permission is
obtained from the owners of the affected properties.
All newly created slopes within this project shall be no steeper than 2: 1.
A soils/geologicaI/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.
8. DRAINAGE
A.
B.
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 &om
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 pennitted.
9. STREET CONDITIONS
A.
B.
C.
D.
10. Utilities
A.
B.
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 &ee and clear of all liens and
encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated.
12 feet shall be dedicated by the developer along the subdivision &ontage of Santa Fe
Drive based upon a center line to right-of-way width of 42 feet and in confonnance with
City of Encinitas Standards, and 3 feet shall be dedicated by the developer along the
subdivision &ontage of Rubenstein Avenue based upon a center line to right-of-way
width of 27 feet and in confonnance with City of Encinitas Standards. The property
lines along the streets shall be joined by a radius of 30 feet, all as shown on the site plan.
Prior to any work being perfonned in the public right-of-way, a right-of-way
construction pennit shall be obtained &om the Director of Engineering Services and
appropriate fees paid, in addition to any other pennits required.
The developer shall submit improvement plans and obtain the Director of Engineering
Services 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: Portland Cement Concrete Curb, Gutter and
sidewalk. along the &ontage of Santa Fe Drive and Rubenstein Avenue, and Asphalt
Concrete pavement as needed to complete the street surface.
The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
The developer shall be responsible for coordination with S.D.G&E, Pacific Telephone,
and other applicable authorities.
C.
D.
E.
All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
The developer shall be responsible for the relocation and undergrounding of existing
public utilities, as required.
The developer shall be responsible for the payment of Flood Control Impact Fees and
Traffic Impact Fees prior to final approval of the project, or shall enter into a security
agreement for the payment of such fees.