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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. .