1995-04
. RESOLUTION NO. NE-9S-04
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT
FOR AN EXTERIOR CHILDREN'S PLAYGROUND
IN ASSOCIATION WITH AN EXISTING RESTAURANT USE
FOR PROPERTY LOCATED AT 242 NORTH EL CAMINO REAL
(CASE NO. 95-072 DR; APN: 259-121-18)
WHEREAS, Julian Josephson / Burger King Restaurant applied for a Design Review Permit
pursuant to Municipal Code Chapter 23.08 (Design Review) to allow for the construction of a
+/-900 square foot exterior children's playground area in association with an existing restaurant
2use within the Wiegand Plaza II Commercial Center in the General Commercial (GC) Zoning
District at 242 North EI Camino Real; and
WHEREAS, the New Encinitas Community Advisory Board (CAB) conducted a Public
Hearing on the application request on April 18, 1995 and all those desiring to speak, did speak;
and the Board considered without limitation:
1. The Agenda Report for the April 18, 1995 New Encinitas CAB meeting;
. 2. The application for the Design Review Permit which includes three sheets of the
Site Plan of the existing structure and surrounding parking area (one sheet) and
an elevation and site plan (two sheets) of the Playground Equipment dated
received by the City on March 28, 1995;
3. The adopted General Plan, Zoning Code and associated Land Use Maps;
4. Written evidence and oral testimony received at the Public Hearing; and
WHEREAS, the New Encinitas Community Advisory Board made the required findings
pursuant to Section 23.08.070 of the Encinitas Municipal Code:
(See Exhibit "1 ")
NOW THEREFORE, BE IT RESOLVED that the application for a Design Review
Permit is hereby approved subject to the following conditions:
A. STANDARD CONDITIONS:
1. This approval will expire on April 18, 1997, two years after the approval of this
Design Review Permit (94-072), unless the conditions have been met or an
extension of time has been approved pursuant to the Municipal Code.
. cd/cro/a:l0/sr9S072.nel(4-18-9S)
. 2. This approval may be appealed to the Planning Commission within 15 calendar
days from the date of this approval pursuant to Municipal Code Chapter 1.12.
3. At all times during the effective period of this permit, the applicant shall obtain
and maintain in valid force and effect, each and every license and permit required
by a governmental agency for the operation of the authorized activity.
4. At no time during the effective period of this permit shall the applicant be
delinquent in the payment of taxes or other lawful assessments relating to the
property which is the subject of this permit.
5. In the event that any of the conditions of this permit are not satisfied, the
Community Development Department shall cause a noticed hearing to be set
before the authorized agency to determine why the City of Encinitas should not
revoke this permit.
6. Upon a showing of compelling public necessity demonstrated at a noticed hearing,
the City of Encinitas, acting through the authorized agency, may add, amend or
delete conditions and regulations contained in this permit.
7. Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that which is specifically described in this permit and the
. application plans on file with the Community Development Department.
B. COMl\1UNITY DEVELOPMENT DEPARTMENT: The developer shall contact the
Community Development Department regarding compliance with the following
conditions:
1. The Design Review Permit is approved as set forth on the plans received by the
City with the application material on March 28, 1995 consisting of three sheets.
The first sheet showing the Site Plan of the existing structure and surrounding
parking area and other two sheets showing an elevation view and a site plan of
the Playground Equipment. Said plans are on file with the Community
Development Department.
2. Wall signs, including permanent window signage, shall conform to Municipal
Code Section 30.60.lOD 1 which limits all exterior wall signs to a maximum area
of 95 square feet (i. e.: 1 sq. ft. per 1 linear foot of frontage of the building's
northern elevation). Prior to Building Permit issuance for the installation of the
Playground Equipment, the developer shall submit a Signage Plan for the
restaurant showing no more than 95 square feet of exterior signage (including
window signage) for the restaurant use. Said Signage Plan shall be in a form
acceptable to the Community Development Director.
.
. 3. All roof and ground mounted mechanical equipment shall be screened from view
adjacent to the structure to the satisfaction of the Community Development
Director. Fencing around the playground area shall be constructed of decorative
wrought-iron material, black in color.
4. Landscape plantings shall be provided in the area on the northeast corner of the
property consistent with the existing landscaping material in the planter. Existing
planting materials and the new plant materials shall be maintained in a healthy
and growing condition at all times. Any dead plant materials shall be replaced
with healthy plants in perpetuity. A 12 inch wide concrete paving strip shall be
installed along the curb of the planter area adjacent to the length of any abutting
parking stall. An automated irrigation system for the landscaping shall be in
place and maintained in an orderly working condition prior to final Building
Permit sign-off.
C. FIRE PROTECTION DISTRICT: The developer shall contact the Fire Prevention
Bureau regarding compliance to the following condition:
FEES: Prior to final Building Permit approval, the applicant shall submit to the
Community Development Department a letter from the Fire Prevention District
stating that all development impact, plan check and/or cost recovery fees have
. been paid or secured to the satisfaction of the Fire District.
D. BUILDING DIVISION: The developer shall contact the Building Division regarding
compliance to the following condition:
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 floor plans showing State mandated disabled access
requirements. Submitted plans shall be reviewed for compliance with the 1991
Editions of the Uniform Building Code, the Uniform Mechanical Code, the
Uniform Plumbing Code, and the 1990 Edition of the National Electrical Code
(as applicable). A comprehensive plan check will be conducted prior to Building
Permit issuance and comments and/or changes to the originally submitted plans
may be required.
BE IT FURTHER RESOLVED that the New Encinitas Community Advisory Board,
as Lead Agency and in their independent judgement, finds this project to be exempt from
Environmental Review pursuant to Section 15301(e) of the California Environmental Quality Act
(CEQA) Guidelines since the project is for the remodel and/or replacement of existing structures
and for minor accessory structures which are not subject to Environmental Review.
.
. PASSED AND ADOPTED this 18th day of Apri11995, by the following vote, to wit:
AYES: Van Reusen, Weinstein, Beck, Felker
NAYS: None
ABSENT: Edde
ABST AIN: None
. ~
~nia Felker, Chair
New Encinitas Community Advisory
Board, City of Encinitas
A ITEST: 0
~~
> ~ . (Y , ..'-,
Craig R. Olson, Assistant Planner
.
. EXHmIT "1"
RESOLUTION NO. NE-9S-04
Findings Pursuant to
Section 23.08.070 (et. seq.)
of the Encinitas Municipal Code:
Design Review Permits
(1) The project design is consistent with the General Plan, or Specific Plan and the
provisions of the Municipal Code.
Facts: The project proposes an exterior modification to existing restaurant use to allow
for a children's playground area. The exterior playground area would be enclosed with
fencing to protect its users from adjoining parking areas. All aspects of the current use
and the proposed playground area either comply with Municipal Code development
standards or will be brought into conformance by adherence to the Conditions of
Approval of this Resolution.
Discussion: Available evidence has not identified any aspect of the project which does
not comply, or cannot be conditioned to comply, with Municipal Code standards or
General Plan Policies.
. Conclusion: The New Encinitas Community Advisory Board finds, therefore, that the
design of the project conforms to the policies and standards Of the General Plan and
Municipal Code.
(2) The project design is substantially consistent with the Design Review Guidelines.
Facts: The Design Review Guidelines relate to Site Design, Building Design, Landscape
Design, Sign Design and Privacy and Security. The project proposes to create an
exterior children's playground area in conjunction with the existing restaurant use within
an existing commercial center. All aspects of Site Design, Landscape Design and
Privacy and Security comply with, or can be conditioned to comply with, the Design
Review Guidelines.
Discussion: The project has been conditioned to require exterior signage and landscaped
areas to comply with Municipal Code standards. All other aspects of the project conform
with current Design Guidelines. Existing landscaping would remain and additional
landscaping would be provided within the parking stall area created when the parking
stalls are re-configured to a 600 alignment.
.
. Conclusion: The proposed exterior playground will be consistent and compatible with
other adjacent uses within the commercial center. The project has been conditioned to
bring it into compliance with the City's Sign and Offstreet Parking Design standards.
Therefore, the New Encinitas Community Advisory Board finds that the project design
is consistent with the intent of the Design Review Guidelines.
(3) The project design will not adversely affect the health, safety, or general welfare of the
community.
Facts: The project design will provide for a secure and enclosed children's playground
area consistent with the existing circulation and access/egress for the commercial center.
All utility services to the existing use and the commercial center are currently in place.
Discussion: No evidence has been submitted to indicate that the project design would
adversely affect the health, safety, or general welfare of the community.
Conclusion: Therefore, the Board finds that the project design will not adversely affect
the health, safety or general welfare of the New Encinitas Community.
(4) The project will not tend to cause the surrounding neighborhood to depreciate materially
in appearance or value.
. Facts: The project design tends to be compatible with the commercial center and the
playground is located in an area adjacent to the stand alone restaurant.
Discussion: No evidence has been submitted to indicate that the project would materially
depreciate the appearance or value of the commercial center or the neighborhood.
Conclusion: Therefore, the Board finds that the project will not adversely depreciate the
appearance or value of the immediate neighborhood or the New Encinitas Community.
.