1993-05
. RESOLUTION NO. NE-93-05
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING
A DESIGN REVIEW PERMIT FOR THE REMODEL OF AN EXISTING
STRUCTURE AND THE CONVERSION OF USE FROM A FORMER BANK
TO A RESTAURANT WITH CORPORATE OFFICES
FOR PROPERTY LOCATED AT 1505 ENCINITAS BOULEVARD
AND AS LEGALLY DESCRIBED HEREIN
(CASE NO.: 93-087 DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by Oscar's Restaurant (John Sarkisian) and Dan Souza for
the remodel of an existing 5,028 square foot structure into a 4,048
square foot restaurant (with an additional 718 s.f. of patio dining
area) and 950 square feet of corporate offices.
WHEREAS, the property is located at 1505 Encinitas Boulevard
and is legally described as;
. LOT 1 OF COMPADRES PLAZA, ACCORDING TO MAP THEREOF NO.
8563, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MAY 4, 1977.
WHEREAS, a public hearing was conducted to consider the
application request on June 15, 1993 before the New Encinitas
Community Advisory Board; and
WHEREAS, the New Encinitas Community Advisory Board
considered, without limitation:
1. The staff report for the June 15,1993 Community Advisory
Board meeting; and
2. The application and design plans dated received by the
ci ty on May 27, 1993 consisting of four sheets and
including the site Plan, the Floor Plan, the Building
Elevation Plans and the Landscape Plan; and
3. Oral evidence received from the public, the applicant and
city staff submitted at the hearings; and
. 4. written evidence submitted at the hearings; and
CD/CRO/SR93087.NEl(6-4-93)
5. The adopted General Plan, Zoning Code, Design Review
Ordinance and associated Land Use Maps; and
. WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to sections 23.08.072 through 23.08.079
of the Design Review Ordinance:
SEE EXHIBIT "A"
NOW THEREFORE, BE IT RESOLVED that Design Review Permit No.
93-087 DR as shown on the plans dated received by the City on May
27,1993 is hereby approved by the Community Advisory Board subject
to the following conditions:
1. GENERAL CONDITIONS:
A. The Design Review Permit shall expire on June 15, 1995,
twenty-four months after the Community Advisory Board's
approval, unless an appeal is filed, the project is
completed in reliance upon this permit, or an extension
of time has been approved pursuant to the Municipal Code.
B. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
. C. Approval of this application shall not waive compliance
with any sections of the Zoning Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
D. Permits or proof of exemption will be required from other
applicable authorized agencies, including the state
Coastal Commission, prior to Building Permit issuance.
E. The Design Review Permit is approved as submitted or as
conditioned herein 'and shall not be altered without the
Community Advisory Board's review and approval; or as may
be permitted by the Municipal Code.
F. This approval does not provide for the sale of alcoholic
beverages, including beer and wine. Should the property
owner propose the future sale of alcoholic beverages in
conjunction with the restaurant use, the Community
Development Department shall be contacted to determine if
additional permits are required pursuant to Municipal
code provisions at that time. If required, any such
permits shall be acquired prior to the sale of alcoholic
beverages on the property.
.
CD/CRO/SR93087.NEl(6-4-93)
G. All roof or ground mounted mechanical equipment and trash
receptacle areas shall be completely screened from view
. by the use of walls, fences, landscaping or by enclosing
the equipment within a building. The outside trash
receptacle area shown on the approved plans for this
project shall be screened by a six-foot high masonry wall
of decorative block or stucco coated exterior and shall
be equipped with a view-obstructing gate.
2. SITE DEVELOPMENT: The developer shall contact the Community
Development Department regarding compliance with the following
conditions:
A. Prior to any use of the project site in reliance on this
approval, all conditions of approval contained herein
shall be completed, or agreed upon, to the satisfaction
of the Director of Community Development.
B. The developer shall pay development processing and impact
fees at the established rate. Such fees may include, but
shall not be limited to: Permit and Plan Checking Fees,
Water and Sewer Service Fees, Traffic Fees and Drainage
Fees. Arrangements shall be made to the satisfaction of
the appropriate department or agency to pay the impact
fees prior to Building Permit issuance or at Building
Occupancy approval.
C. Any change to the natural drainage or concentration of
. drainage shall be adequately handled and shall not impact
adjacent properties to the satisfaction of the city
Engineer.
D. A plan shall be submitted for approval by the Director of
Community Development and the Encinitas Fire Protection
District regarding the treatment of the site during the
construction phase, and the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project.
E. The project design as submitted requires 68.25 parking
stalls. The project architect has indicated that the
outdoor dining area can be reduced approximately 6 inches
in length so that the square footage requirement for the
additional 0.25 parking stall can be eliminated. Plans
submitted for plancheck review shall indicate a reduction
in the proposed square footage of the structure and/or
outdoor dining area to bring the project into conformance
with the parking standards for 68 parking stalls.
F. Property owner(s) shall agree to preserve and save
harmless the City of Encinitas and each officer and
employees thereof from any accident, loss, or damage to
persons or property happening or occurring as the
. proximate result of any of the work undertaken to
complete this project, and that all of said liabilities
are hereby assumed by the property owner(s).
CD/CRO/SR93087.NEl(6-4-93)
3. FIRE PREVENTION DISTRICT: The developer shall contact the
Fire Prevention District regarding compliance with the
following conditions:
. A. ACCESS ROADWAYS: Fire apparatus access roadways shall
have an unobstructed paved width of not less than 24 feet
and an unobstructed vertical clearance of not less than
13 feet 6 inches.
B. POSTING OF ROADWAYS: Emergency access roadways, when
required, shall be properly identified as per Fire
Prevention District standards.
C. OBSTRUCTIONS: All traffic lanes shall be a minimum of
twenty-four (24) feet in width during construction and
shall be maintained free and clear of obstructions during
construction in accordance with the Uniform Fire Code.
D. 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 the
numbers shall confo~m 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.
E. BUILDING PERMIT ISSUANCE: Prior to building permit
. issuance, the developer shall submit to the Community
Development Department a letter from the Fire District
stating that all fees including plan check reviews and/or
cost recovery fees have been paid or secured to the
satisfaction of the Fire District.
F. SMOKE DETECTORS: Smoke detectors shall be inspected by
the Fire Department.
G. BUILDING PERMIT SUBMITTAL: The developer 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 Plan showing
State mandated disability access requirements, State
Energy compliance documentation and a Soils Report (if
necessary) which includes recommendations for the design
of the foundation. Submitted plans will be reviewed for
compliance with state Title 24, the 1991 Editions of the
Uniform Building, Mechanical and Plumbing Codes and the
1990 Edition of the National Electrical Code. Note that
project review comments are not intended to be a
comprehensive plan review of applicable Building Codes
and additional comments will be made after plans are
submitted to the Building Division for plancheck.
.
CD/CRO/SR93087.NEl(6-4-93)
4. PUBLIC WORKS & CITY ENGINEER: The developer shall contact the
City Traffic Engineer regarding compliance with the following
. conditions:
A. Twelve inch paved strips shall be required adjacent to
landscaped planter areas pursuant to the city's Off-
street Parking Design Manual.
B. Painted arrows on the asphalt surface shall be provided
on the easterly egress lane to indicate one-way traffic
to Encinitas Blvd. The existing "right turn only" sign
shall be maintained at this driveway intersection.
BE IT FURTHER RESOLVED that the New Encinitas Community
Advisory Board, in its independent judgment as Lead Agency, finds
this project exempt from environmental review pursuant to section
15301(e) of CEQA since a remodel of existing facilities is
proposed.
PASSED AND ADOPTED this 15th day of June, 1993 by the
following vote, to wit:
AYES: Felker, Wilkey, DeGaillez, Edde, Beck
NAYS: None
ABSENT: None
. ABSTAIN: None
Cv.. '
C~
Cindy B.e k, Chairperson of
the New ncinitas Community
Advisory Board, City of
Encinitas
ATTEST:
/~~U9 L. eM
~,
Craig R. Olson
Assistant Planner
.
CD/CRO/SR93087.NEl(6-4-93)
EXHIBIT "A"
Findings for Design Review Approval
. per Section 23.08.072 of the Municipal Code
1) The project design is consistent with the General Plan, a
Specific Plan and the provisions of the Municipal Code.
Facts: The subject application proposes to remodel and
convert an existing structure from its former use as a bank
into a 4,048 square foot restaurant with 718 s.f. patio dining
area (4,766 total s.f.) and 950 s.f. of corporate office area.
Both Office and Restaurant (without alcoholic beverage sales)
uses are permitted uses within the General Commercial Zoning
District pursuant to the Zoning Use Matrix (Chapter 30.09) of
the Municipal Code.
Discussion: The proposed remodel and conversion of use
conforms to the Municipal (Zoning) Code development standards
including required parking, setbacks, landscaping and is
consistent with the types of permitted uses allowed within the
General Commercial Zoning District pursuant to the Zoning Use
Matrix. The project has been conditioned to require a
reduction in the square footage of the restaurant and/or the
outdoor dining area so that no more than 68 parking stalls are
required.
Conclusion: After an independent review of the Administrative
Record, the Community Advisory Board finds that the project
. design is consistent with the General Plan and the provisions
of the Municipal Code and that the project site is not subject
to any Specific Plan standards.
2) The project design is substantially consistent with the Design
Review Guidelines.
Facts: The adopted Design Review Guidelines for the City of
Encinitas relate to site Design, Building Design, Landscape
Design, Sign Design, and Privacy and Security issues.
Discussion: The project design is consistent with the intent
of the Design Review Guidelines. The site Plan design,
Building remodel, Landscaping and Signage Design are included
in the application presented to the Board and establish the
scope of the project pursuant to this Design Review Permit.
Conclusion: Therefore, the Community Advisory Board finds
that the project design is substantially consistent with 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 overlaying
. Zoning Designation of General Commercial. The proposed
remodel is subject to the development standards established by
this Design Review Permit. All utilities, including water and
sanitary sewer service, is currently available to the site.
CD/CRO/SR93087.NEl(6-4-93)
Discussion: No evidence has been submitted during the
planning review process to indicate that the proposed project
would adversely affect the health, safety, or general welfare
. of the community.
Conclusion: Therefore, the Community Advisory Board finds
that the project design will not adversely affect the health,
safety, or general welfare of the community.
4) The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Facts: The design of the proposed remodel substantially
conforms to the development standards of the overlaying Zoning
Designation of General Commercial and to the provisions of the
Design Review Guidelines.
Discussion: The project proposes to remodel an existing
structure in a manner consistent with surrounding commercial
development. The proposed remodel, building materials,
structural design, landscaping, parking area redesign and
signage can be seen to be compatible with surrounding land
uses and will tend to eliminate any material depreciation of
the appearance or value of surrounding properties.
Conclusion: Therefore, the Community Advisory Board finds
that the project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
.
.
CD/CRO/SR93087.NEl(6-4-93)