1994-04
. RESOLUTION NO. NE-94-04
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT REQUEST FOR
THE REMODEL OF AN EXISTING COMMERCIAL CENTER
IDENTIFIED AS THE WIEGAND II PLAZA
LOCATED AT 204-244 NORTH EL CAMINO REAL
(CASE NO. 94-134 DR; APN: 259-121-18)
WHEREAS, Burnham Pacific Properties, Inc. / Melvin McGee
applied for Design Review Permit approval pursuant to Municipal
Code Chapter 23.08 for exterior modifications, the demolition of
two structures having a total of 5,324 square feet, the
construction of a 2,424 square foot structure, and new expansion of
4,448 square feet for a total of 1,548 square feet of new
commercial area proposed for the Wiegand Plaza II Commercial
Center; and
WHEREAS, the New Encinitas Community Advisory Board conducted
a Public Hearing on the application request on September 20, 1994
and all those desiring to speak, did speak; and the Board
considered without limitation:
1. The Agenda Report for the September 20, 1994 New
. Encinitas CAB meeting;
2. The Design Review Permit application, the Elevation,
Floor Plans and site Plans (five pages) and other related
material dated received by the city on August 23, 1994;
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 (et. seq.) of the
Encinitas Municipal Code:
(See Exhibit "1")
NOW THEREFORE, BE IT RESOLVED that the application for Design
Review Permit (Case No. 94-134) is hereby approved subject to the
following conditions:
. cd/cro/a:/sr94134.nel(8-31-94)
. A. STANDARD CONDITIONS:
1. This approval will expire on September 20, 1996, two
years after the approval of this project, unless the
conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
2. This approval may be appealed to the Planning commission
within 15 calendar days from the date of this approval.
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 ata 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. ADDITIONAL CONDITIONS:
1. The Design Review Permit is approved as set forth on the
plans received by the City with the application material
on August 23, 1994 consisting of five sheets showing the
site Plan, Floor Plan, and the Exterior Elevations which
are on file with the Community Development Department.
2. Wall signs shall be consistent with each other in color
and material, shall conform to the approved plans, shall
complement the exterior building materials and shall be
submitted for Building Permit review and issuance prior
to their installation.
.
. 3. within 90 days of the issuance of a Building Permit
pursuant to this approval, the applicant shall submit
revised drawings and amendments for the sign Program for
the subject shopping center. said Sign Program
amendments shall contain drawings of the typical tenant
wall and/or window signage, monument signs (if they are
to be remodeled), and a copy of this Resolution of
Approval. All signage within the center shall be
consistent with the approved Sign Program and shall
complement the remodeled structures and their color
schemes to the satisfaction of the community Development
Director.
4. All roof and ground mounted mechanical equipment shall be
screened from view adjacent to the structure to the
satisfaction of the Community Development Director.
Trash bin areas shall be enclosed with decorative block
walls or other material acceptable to the community
Development Director and shall be provided view obscuring
gates.
5. Landscape plantings within the immediate area of the
structures to be remodeled and demolished shall be
upgraded to be compatible with existing landscaping
within the center. Existing planting areas and the new
plant materials shall be maintained in a healthy and
. growing condition at all times. An automated irrigation
system for the landscaping shall be in place and
maintained in an orderly working condition prior to
occupancy of the remodeled structure.
6. The approved plans indicate a vehicular access ramp from
the subject center to the commercial center to the north.
Applicant shall provide revised plans showing the removal
of the access ramp at the time of Building Permit
Plancheck submittal. The City Engineer has reviewed
information submitted in association with the application
for the property to the north (94-057 DR/V) which has
shown that the ramp is not feasible due to existing
improvements and traffic circulation. Plans,
specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
city Engineer. Prior to approval of Building Permits,
the developer shall install, or agree to install and
secure with appropriate security as provided by law, the
following improvements to City Standards to the
satisfaction of the City Engineer:
Construct curb returns for the access drives on EI
camino Real" with a radius of 30 feet, including
handicap ramps.
.
. C. FIRE PREVENTION DISTRICT: The developer shall contact the
Fire Protection District regarding compliance to the following
conditions:
1. ADDRESS NUMBERS: Address numbers shall be placed in a
location that will allow them to be clearly visible from
the street fronting the structure. The height of numbers
shall conform to Fire District standards. Note: Where
structures are located off a roadway on long driveways,
a monument marker shall be placed at the entrance where
the driveway intersects the main roadway. Permanent
address numbers shall be affixed to this marker.
2. FEES: Prior to Final Occupancy, 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. CODE ENFORCEMENT OFFICER: The developer shall contact the
Code Enforcement Office regarding compliance to the following
condition:
An outstanding violation fine required by the North
County Municipal Court (NCMC) has been required of the
. owner of Fratelli's within this subject commercial
center. The applicant shall provide proof that any
outstanding fines have been paid to the NCMC prior to
Building Permit issuance.
E. BUILDING DIVISION: The developer shall contact the Building
Division regarding compliance to the following condition:
1. The applicant shall submit a complete set of construction
plans to the Building Division for review. The submittal
shall include structural calculations and details,
complete framing plans and details, a site plan and floor
plans showing State mandated disabled access
requirements, State Energy compliance documentation and
a Soils Report which includes recommendations for the
design of structural foundations. Submitted plans shall
be reviewed for compliance with State Title 24, 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. 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 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 2 Oth day of September 1994, by the
following vote, to wit:
AYES: Edde, Beck, Van Reusen, Weinstein, Felker
NAYS: None
ABSENT: None
ABSTAIN: None
. ~~
Vir' l.a Felker, Chair of the
New Encinitas Community Advisory
Board, city of Encinitas
o:~ 9. £J~
craig R. Olson
Assistant Planner
.
. EXHIBIT "l"
RESOLUTION NO. NE-94-04
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 commercial retail center is a permitted use within
the General Commercial zoning District. The exterior
modifications to existing structures are compatible with
adjacent commercial centers and the additional retail square
footage within the center is adequately provided additional
parking spaces as required by the Municipal Code.
Discussion: Available evidence has not identified any aspect
of the submitted project which does not comply with Zoning
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 remodel an existing
structure wi thin a built shopping center. All aspects of site
Design, Landscape Design and Privacy and Security will remain
unchanged. Building Design issues affecting the remodel
include consistency of the building's design with the
architectural style of other buildings adjacent to the
commercial center, variety and use of exterior building
materials, and the screening of roof and ground mounted
mechanical equipment.
Discussion: The remodel proposes to utilize a more
contemporary architectural theme in place of the existing
western theme. This theme is more consistent with other
commercial centers within the area and the community.
Approval of the application request would require screening of
all roof and ground mounted mechanical equipment as
conditional requirements to implement Municipal Code
standards. Sign design relates to the Design Guideline issue
that "Signs shall be of a size and scale with the building to
.
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. which it is attached". The project has been conditioned to
require approval of all tenant signage in conformance with an
approve Master Sign Program for the center.
The remodeled structures will incorporate architectural
details throughout the center including the restaining of
existing cedar roofing, adding canvas awning features over
windows not under roof overhangs, installing decorative tile
wainscoat features, and adding wood siding finished with an
opaque stain. Existing concrete block walls will be repainted
and a prefabricated concrete cornice is proposed at the top of.
rooflines. False baywindows would be replaced by new
storefront windows. The application calls out wood and
aluminum storefront windows and doors. Existing landscaping
would remain and additional landscaping would be provided
within the parking stall areas created when the two existing
structures are demolished.
Conclusion: As discussed above, the proposed remodel will be
more consistent and compatible with other commercial centers
within the community. 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 is consistent with the existing
interior circulation and access/egress for the shopping
center. Additional square footage to the existing structure
will be adequately provided with parking to meet City
standards and all utility services to the shopping 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
style of commercial development within the surrounding General
Commercial Zoning District.
.
. Discussion: No evidence has been submitted to indicate that
the project would materially depreciate the appearance or
value of 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.
.
.
I