1992-07
. RESOLUTION NO. NE 92-07
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
REQUEST TO CONSTRUCTION OF A 1,193 SQUARE FOOT ADDITION TO AN
EXISTING COMMERCIAL STRUCTURE
FOR PROPERTY LOCATED AT
150 N. EL CAMINO REAL (WEIGAND PLAZA I)
(CASE NO. 92-076-DR)
WHEREAS, Expressive Design (DOW) applied for Design Review
permit approval per Chapters 23.08 and 30.20 of the City of
Encinitas Municipal Code to construct a 26'4" x 45'4" (1,193.7
square foot) addition to an existing commercial structure for
property located at 150 N. EI Camino Real (Weigand Plaza I), and
legally described as follows:
All that portion of Parcel 4 of Parcel Map No. 4274 in the
County of San Diego, State of California, according to the Map
thereof filed in the Office of the County Recorder of said San
Diego County, November 28, 1975, as File No. 75-335576,
. Official Records, lying Southerly of Southerly line of that
certain land described in deed to the County of San Diego
filed in the Office of the County Recorder of said San Diego
County, July 16,1979 as File No. 79-293577, Official Records,
which is designated in said Deed as "easement for County
Highway-Malena Drive".
WHEREAS, a public hearing was conducted on application
No. 92-076-DR on June 1, 1992 by the New Encinitas Community
Advisory Board, at which time all persons desiring to be heard were
heard; and,
WHEREAS, evidence was submitted and considered to
to include without limitation:
a. Site plan and elevations consisting of two pages
submitted by the applicant and dated received by the City
on May 13, 1992.
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
. wp92-076dr (6-1-92)
. d. CAB staff report (92-076-DR) dated May 15, 1992 which is
on file in the Department of Planning and Community
Development; and
e. Additional written documentation.
WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08, of the Encinitas
Municipal Code:
A. The project design is consistent with the General Plan, a
Specific Plan or the provisions of this Code.
Facts: The proj ect meets all applicable development standards
contained in the Municipal Code, contained in Section
30.20.010A. The General Plan and Municipal Code allows
additions to existing commercial structures by right.
Discussion: The proposed addition meets all the required
setbacks and height requirements. Further, the proposed
addition is to allow for the installation of car stereo
equipment purchased at that store.
Conclusion: The proposed addition is consistent with the
Municipal Code and the General Plan as both allow additions to
. existing structures. The use of the addition is a permitted
use in keeping with the General Commercial zone.
B. The project design is not substantially inconsistent 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 proj ect substantially consistent in order to warrant
approval.
Discussion: The proposed addition is to match the existing
structure in materials and color. It is proposed to be
approximately 10' in height and will be located at the rear of
the property. The applicant has made provisions to maintain
a 24' wide traffic lane, clear and free of obstructions, which
is a condition of approval required by the Fire Prevention
District.
Conclusion: The Board finds that the project is in
substantial conformance with the Design Review Guidelines of
Chapter 23.08 of the Municipal Code.
C. The project would not adversely effect the health, safety, or
general welfare of the community.
. wp92-076dr (6-1-92)
. Facts: The project has been found to be exempt from
environmental reVlew pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) since the project
is less than 50% of the existing structure and less than 2500
square feet and no potential negative affects on the health,
safety or general welfare of the community have been
identified in conjunction with this project. All public
services and utilities are available to the project.
Discussion: The property is surrounded by general commercial
property. The previous use of the building was also retail,
and at that time, no evidence existed to indicate any adverse
impact to the health, safety or general welfare of the
community.
Conclusion: The Board finds 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 proposed addition is to be constructed of the same
material and color of the existing structure. Further, the
proposed addition will be only 10' in height, which is lower
than the existing structure. Lastly, the project is
. surrounded by commercial zoning on all sides and will not tend
to cause the surrounding neighborhood to depreciate.
Discussion: The surrounding neighborhood contains commercial
shopping plazas and car dealerships. The design, color and
materials of the proposed addition will fit in. with the
Weigand Plaza I shopping center that it is located in.
Conclusion: The Board finds that the design of the project
would not detrimentally affect the appearance or values of the
surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED THAT the application for Design
Review 92-076-DR is hereby approved subject to the following
conditions:
(1) Buildinq Department: Plans shall be submitted to the
Building Department for plan check approval. A complete
plan check will be done when plans are submitted to the
Building Department.
(2) Fire Department:
A. Prior to building permit issuance, applicant shall
submit a statement from the Fire District to the
.
wp92-076dr (6-1-92)
. Community Development Department indicating that
all development impact, plan check and/or cost
recovery fees have been paid.
B. Address numbers shall be clearly visible from the
street fronting the structure.
C. Emergency Access Roadways when required shall be
posted per Fire Department Standards.
D. All traffic lanes shall be a minimum of twenty-four
feet wide during construction and shall be
maintained clear and free of obstructions.
E. All new structures shall be protected by an
automatic fire sprinkler system. Sprinkler systems
shall be installed to the satisfaction of the Fire
District.
(3) If substantial construction has not been completed in
reliance upon a granted design review within two years of
the grant, then upon notice to the property owner, and an
opportunity to present information to the Community
Development Director, the Director may declare the design
review to have expired with the privileges granted
thereby canceled.
. (4) In the event that one or more of the conditions imposed
on the design review is violated, the Director, upon
notice and an opportunity to present information, may
revoke the design review or impose additional conditions.
(5) The approved project shall conform to plans reviewed and
approved by the New Encini tas Board and SHALL NOT be
increased in size, extended beyond the limitations of the
approved design review, or otherwise modified beyond the
approved plans and limitations of this design review
without prior approval by the City.
(6) Permits or findings of exemption shall be obtained from
the State Coastal Commission and any other applicable
Government Agencies.
(7) All business uses, including the installation and testing
of stereo equipment will be done inside the addition and
not outside the building so as to become a nuisance.
Further, the outside storage of equipment and/or
materials is prohibited.
(8) The applicant shall submit to the Community Development
Department,a covenant regarding real property which sets
.
. forth this grant of approval. The covenant shall be in
form and content satisfactory to the Director of Planning
and Community Development.
(9) All roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required and approved by the Department of Planning and
Community Development.
(10) All applicable development impact and project processing
fees are to be paid prior to building permit issuance.
(11) A proponent or protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1.12 of the Encini tas Municipal Code.
(12) All signage shall conform to Municipal Code requirements
and the sign program for the Weigand Plaza I shopping
center.
BE IT FURTHER RESOLVED that this proj ect is found to be
categorically exempt from Environmental Review pursuant to Section
15301 of CEQA.
. PASSED AND ADOPTED this 1st day of June, 1992, by the
following vote, to wit:
AYES: Edde, Felker, Weaver, Wilkey
NAYS: None
ABSENT: Beck
ABSTAIN: None
~
Cindy Be , Chairperson of
the New initas Community
Advisory Board
ATTEST:
~~~ \L~ ~~
Craig R. Olson, Assistant Planner
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