1992-09
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RESOLUTION NO. NE-92-09
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW REQUEST
TO ALLOW REPAINTING OF THE EXISTING ROOF, BUILDING AND SITE
STRUCTURES, REMOVAL AND INSTALLATION OF NEW SIGN FACES,
REPAINT THE EXISTING FACIA WHITE WITH RED TRIM,
REPLACE EXISTING SOFFET LIGHTING WITH HIGH PRESSURE
SODIUM FIXTURES, AND INSTALLATION OF EXPOSED NEON LIGHTING
ON THE PARAPET CAP FOR PROPERTY
LOCATED AT 1439 ENCINITAS BOULEVARD
(259-550-14)
(CASE NO. 92-151 DR)
WHEREAS, Dennis Wozniak/Jack-in-the-Box applied for a Design
Review Permit pursuant to Chapter 23.08 of the Municipal Code of
the City of Encinitas to allow the repainting of the existing roof,
building and site structures, removal and installation of new sign
faces, repaint of the existing facia white with red trim,
replacement of the existing soffet lighting with high pressure
sodium fixtures and installation of exposed neon lighting on the
parapet cap; and
. WHEREAS, the property is located at 1439 Encinitas Boulevard,
APN: 255-550-14 and more legally described as:
PARCEL A:
Parcell, in the County of San Diego, State of California, as
shown on Page 6896 of Parcel Map, filed in the Office of the
County Recorder of San Diego County, February 9, 1978.
PARCEL B:
Parcel 2 in the County of San Diego, State of California, as
shown at Page 6896 of Parcel Map, filed in the Office of the
County Recorder of San Diego County, February 9, 1978.
WHEREAS, a public hearing was conducted on application No.
92-151 DR on September 21 and October 5, 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 include
without limitation:
1. The staff reports dated August 27, 1992 and September 28,
1992;
. wp51/mmb/10-5-92/92-151dr I
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. 2. The adopted General Plan, Zoning Code and associated Land
Use Maps;
3. Oral Evidence received at the hearings;
4. written evidence submitted with the application and at
the hearings;
6. Plans submitted by the applicant and dated received by
the City of Encinitas on August 4, 1992 consisting of
three sheets of the site Plan, Building Elevations, and
Floor Plan; and
WHEREAS, the New Encinitas Community Advisory Board made the
required findings pursuant to Chapter 23.08 of the Encinitas
Municipal Code:
(See attachment "A")
NOW, THEREFORE, BE IT RESOLVED THAT the application for Design
Review 92-151 DR is hereby approved subject to the following
conditions:
A. STANDARD CONDITIONS:
. 1. This approval will expire on October 5, 1994, two years
after the approval of this proj ect, unless the conditions
have been met or an extension has been approved by the
Director of Community Development.
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
Community Advisory Board to determine why the City of
Encinitas should not revoke this permit.
. wp51/mmb/10-5-92/92-151dr
. 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 relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
8. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit and the site plan
on file with the Community Development Department.
B. ADDITIONAL CONDITIONS:
9. The Design Review is approved as set forth on the plans
received by the City on August 4, 1992 consisting of
three sheets: site Plan, Floor Plan, and Building
Elevations which are on file in the Community Development
Department and shall not be modified without review and
approval pursuant to the Municipal Code.
10. The paint on the building and roof shall be continually
. maintained on an as-needed basis to prevent peeling and
chipping of the paint.
11. Electrical permits and sign permits for the illuminated
sign to be obtained. Plans are to include all detailed
connections.
12. All applicable development impact and project processing
fees are to be paid prior to building permit issuance.
13. Prior to finalization of the electrical permit, the
property owner shall cause to be recorded 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 Community Development.
Fire Department:
14. Address numbers shall be clearly visible from the street
fronting the structure. The height of the numbers shall
conform to the Fire District Standards.
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. ATTACHMENT "A"
RESOLUTION NO. NE-92-09
CASE NO.: 92-151 DR
The New Encinitas Community Advisory Board made the following
findings pursuant to Chapter 23.08 of the Encinitas Municipal Code:
A. The project design coordinates the elements of exterior
building design, such as color, materials, form, texture and
detailing to create harmony and continuity among all elements.
Facts: The project is an existing restaurant facility. The
applicant does not propose to add onto the restaurant or
change any of the existing structural elements or materials.
Discussion: Three colors (red, black and white) are proposed
to be utilized on site which will create consistency among all
site structures.
Conclusion: The Board finds that as no additions will be
added to the existing restaurant and the colors will be
limited to three colors only, there is continuity among all
. elements.
B. The project design limits the selection of exterior materials
resulting in harmony and continuity of the exterior
elevations.'
Facts: The project is an existing restaurant that is
proposing lighting at the parapet and repainting of the
building and roof. No addition or revisions to the existing
materials are proposed.
Discussion: The applicant is not proposing to structurally
revise any of the existing materials on the site with the
exception of the neon lighting at the parapet of the roof
structure. The applicant is proposing to utilize only three
colors on the site when painting the main restaurant structure
and all the additional site structures on the property. These
colors are red, white and black.
Conclusion: The Board finds that the project is in
substantial conformance with the Design Review Guidelines of
Chapter 23.08 of the Municipal Code as it does limit the
selection of exterior materials and colors on the property
which results in harmony and continuity of the exterior
elevations.
.
. C. The project design minimizes roof penetrations by grouping
vent ducts and mechanical equipment together and/or adequately
conceals these features from the public and private view.
Facts: The project is an existing restaurant, and no
additions other than installation of neon tubing at the
parapet roof are proposed.
Conclusion: The Board finds that the restaurant is an
existing structure and adequately conceals roof penetrations
from view.
D. The various buildings and building elements are in proportion
with one another.
Facts: The building is existing as are all the site
structures.
Discussion: At the time the building and site structures were
built, all elements were considered to be in proportion to one
another. No new site structures or building elements other
than the neon tubing are proposed.
Conclusion: The Board finds that the various site structures
and building elements are in proportion with one another as no
modifications other than painting and neon tubing are
. proposed.
E. The project is harmonious with and is functionally compatible
with the adjacent property in one or more of the following
aspects:
1. Color scheme;
2. Location of structures on the site;
3. Architectural features or ornaments;
4. Type and quality of exterior materials; and
5. Location and use of open space.
Facts: The building is proposed to be painted white with a
black roof and red detail stripes around the fascia. These
colors will be utilized throughout the property.
Discussion: The property is surrounded by commercial on all
sides. To the west is Herman Cook Volkswagen which is mainly
glass and blue paint. The dental/chiropractic building to the
east is white stucco with a blue barrel tile roof. To the
south is a shopping plaza which is constructed of red barrel
tile and painted brown wood. To the north is Encini tas
Boulevard and beyond Encinitas Boulevard in a shopping plaza
of mixed colors and materials. The proposed proj ect is
.
. compatible with adjacent structures in the neighborhood as
follows: the white stucco matches several building is the
vicinity, the barrel tile roof is harmonious with other
adjacent barrel tile roofs, the roof pitch is compatible with
the blue barrel tile roof to the east, and the type and
quality of exterior materials are compatible to those of the
adjacent structures. The building however, is set back from
Encinitas Boulevard and is not afforded the visibility by the
public when traveling east and west on Encinitas Boulevard
that other adjacent businesses have. There is no open space
other than the parking lot. Al though no other business
utilizes neon tubing around any roof structures, there are
many buildings that contain neon signs and neon paint in their
windows.
Conclusion: The Board finds that the proposed paint and neon
tubing are harmonious with and functionally compatible with
adjacent properties.
F. The project would not adversely affect the quality of lighting
and noise environment on adjacent properties.
Facts: The project is an existing restaurant and the noise
level is not proposed to change. The proposed lighting is to
be placed under the existing soffet and be directed down
toward the ground. The neon tubing is a single tube located
. at the parapet of the building which is set back from the
street.
Conclusion: The Board finds that the proposed project would
not adversely affect the quality of lighting and noise
environment on adjacent properties.
G. The project design is not substantially out of scale with the
predominant scale of structures in the adjacent neighborhood.
Facts: The project is an existing restaurant with existing
site structures. No additions to the structure is proposed.
Conclusion: The Board finds that as no additions are
proposed, the project design will remain the same which is not
out of scale with the structures in the adjacent
neighborhood.
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. 15. Prior to final development approval, the developer shall
submit to the Community Development Department a letter
from the Fire 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.
PASSED AND ADOPTED this 5th day of October, 1992, by the
following vote, to wit:
AYES: Beck, Edde, Felker
NAYS: Wilkey, Weaver
ABSENT: None
ABSTAIN: None JJ~J. ~~ of
the New Encinitas Community Advisory
Board
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ATTEST:
~,,->e.Q~
Craig R. Olson, Secretary
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