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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 .