1991-01
. RESOLUTION NO. NE-91-01
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT AND VARIANCE FOR AN EXISTING RETAIL CENTER
FOR PROPERTY LOCATED AT THE INTERSECTION OF
ENCINITAS BOULEVARD AND EL CAMINO REAL
AND AS FURTHER DESCRIBED IN ATTACHMENT A
(CASE NO. 90-244-DR/V, GREGORY SMITH)
Þ«N 2-l)Cl 550 -û \
WHEREAS, Gregory Smith, applied for a Design Review permit
and Variance for an existing non-conforming retail center for
property located at the intersection of Encinitas Boulevard and El
Camino Real and as further described in Attachment A, as required
by Chapter 23.08, and 30.78 the City of Encinitas Design Review and
Variance regulations and Chapter 30.76 Nonconformity regulations;
. and
WHEREAS, the Variance approval permits trellis and a wood
arbor structure to encroach into front and street side yard
setbacks; and to enlarge a structural nonconformity within the
interior side yard setback; and
WHEREAS, public hearings were conducted on the application
by the New Encinitas Community Advisory Board on December 3, 1990,
January 7, and February 4, 1991, and all persons desiring to be
heard were heard; and
WHEREAS, evidence was submitted and considered to include
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. without limitation:
Sign Program Site Plan from Aztec Signs (dated October
a.
3, 1990, sheet 1); Elevations (dated October 4, 1990,
sheets 2-3); signing graphics (dated October 15,1990 for
blueline sheet 4, dated October 14, 1990 for blueline
sheet 5, and dated October 17, 1990 for written
material); and overall site plan (blueline sheet 1);
floor plans (blueline sheet 2); elevations (blueline
sheet 3); site survey plan (blueline sheet 4); planting
plan (blueline sheet 5); irrigation plan (blueline sheet
6).
b. written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearings;
d. CAB staff reports (90-244-DR/V) dated November 28, 1990,
January 2, 1991 and January 29, 1991 which are on file
in the office of Planning and Community Development; and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the city of Encinitas that the Design Review
. Permit for 90-244-DR/V is hereby approved subject to the following
findings:
A. The project design is consistent with the General Plan,
a Specific Plan or the provisions of the Municipal Code.
Evidence:
The modifications to the design of the project as reviewed by
the New Encinitas Community Advisory Board are consistent with
the City of Encinitas General Plan, Design Review Ordinance
and the Zoning Code, in land use allowing for retail uses in
the general commercial zone.
B. The project is consistent with the Design Review
Guidelines.
Evidence:
The project was reviewed by the New Encinitas Community
Advisory Board and was modified to be in conformance with the
City of Encinitas Design Review Guidelines.
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. The project would not adversely affect the health, safety
C.
or general welfare of the community.
Evidence:
The project would not adversely affect the health, safety or
general welfare of the community since the project has all
required utility connection approvals and will be developed
within City standards.
D. The project would not cause the surrounding neighborhood
to depreciate materially in appearance or value.
Evidence:
The proposal reflects a compatible level of design appearance
in conformance with the Design Review Guidelines and Design
Review Ordinance and is compatible with the design of other
office and commercial structures in the adjacent General
Commercial Zone on EI Camino Real and Encinitas Boulevard.
Additionally, the proposed design incorporates a high quality
of design materials and landscaping and will not be materially
detrimental to surrounding properties in this respect.
.
E. The proposed project is in conformance with Section
23.08.74 of the Design Review Ordinance, Design and Site
Layout, since the project has provided for adequate traffic
circulation on site and safe access to the existing streets
adjacent to the site, adequate size, location and number of
parking spaces, loading zones, trash enclosures, motorcycle
and handicap parking spaces, and provided vehicular and
pedestrian access to the adjacent properties.
F. The proposed project is in conformance with Section
23.08.76 of the Design Review Ordinance, Building Design,
since the exterior materials for the project have been
coordinated to be compatible with each other and the
surrounding area, the proposed structures are preserving views
to the extent possible since the height is being kept to a one
story structure, a considerable amount of wood has been
introduced into the building design and the accent hardscape
for the project, and the size proposed for the structures is
comparable and even smaller than the existing commercial
projects to the north, south and east of the subject site.
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. G. The proposed proj ect is in conformance with Section
23.08.077 of the Design Review Ordinance, Landscape Design,
since the landscaping proposed will help create a more green
natural appearance and a diverse assortment of planting that
is not presently existing. The amount of planting also
creates an inviting atmosphere to the project and encourages
a return to nature by providing considerably more planting
that enhances the character of the community and provides more
of a village atmosphere.
H. The proposed project is in conformance with section
23.08.079 of the Design Review Ordinance, Privacy and
Security, since the project has been designed to observe fire
safety regulations, and the landscaping helps maintain the
privacy for the projects to be constructed in the future to
the north, east and south.
BE IT FURTHER RESOLVED, that the Variance Permit for 90-244-
DR/V is also approved subject to the following additional findings:
1. A variance from the terms of the zoning ordinances shall
be granted only when, because of the special
. circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict
application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence:
The special circumstances applicable to the property
include the existing legal non-conforming structural
situation previously approved by the County of San Diego.
The present request for the trellis or awning accents to
encroach further into the front and street side yard
setbacks is to allow for some accent to the existing
structure to cantilever to wi thin l' of the existing
property lines on the north and west for Building A, and
for the trellis accents or awnings on Building B to be
allowed a 0' setback with a requirement for an
encroachment permit to be obtained for the additional
cantilever into the right-of-way. There will be no
structural down members encroaching further into the
setbacks than the existing buildings. The request is
also to allow a modification to the profile and height
of the roofline to accomplish a more pleasing and
interesting architectural style for the existing
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. structure. The roofline is proposed to be changed from
a peaked roof with a maximum height of 15', to a parapet
roof (flat in appearance) with a maximum height of 16',
therefore the variance also includes the allowance to add
the additional l' of height in the setbacks; the
enclosure of the airspace to accomplish the parapet roof;
and the additional height of the decorative wood arbor
on the north corner of Building A to extend to a maximum
height of 24'. The strict application of the setback
requirement and the non-conforming regulations relating
to increasing the inconsistencies with the development
standards would not permit the exterior remodel to be
accomplished with additional variation to the facade and
roofline which greatly improves the appearance of the
project and significantly upgrades the site. The remodel
of an existing non-conformity is allowed as setforth in
Chapter 30.78 of the Municipal Code and as proposed with
the variances. The granting of the variance encourages
design conformance with the abovementioned Design Review
Ordinance.
J. Any variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized
will not constitute a grant of special privileges
inconsistent with the limitations upon other properties
in the vicinity and zone in which such property is
. situated.
Evidence:
The project is conditioned to satisfy all other
requirements of City Code. There is not a grant of
special privileges since the existing situation is a
legal nonconformity, and the exterior remodel can be
accomplished as setforth in Chapter 30.76,
Nonconformities, of the Zoning Code, and Chapter 30.78
Variances, and in conformance with the standards setforth
in the Design Review ordinance, Chapter 23.08 of the
Zoning Code since the existing building setback is
already less than presently required.
K. A variance will not be granted for a parcel of property
which authorizes a use or activity which is not otherwise
expressly authorized by the zoning regulation governing
the parcel of property. The provisions of this section
shall not apply to conditional use permits.
Evidence:
General retail and restaurant use is permitted within the
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. General Commercial (GC) Zone, and this is what is
proposed for the project.
L. No variance shall be granted if the inability to enjoy
the privilege enjoyed by other property in the vicinity
and under identical zoning classification:
1. Could be avoided by an alternate development plan;
which would be of less significant impact to the
site and adjacent properties than the project
requiring a variance.
2. Is self-induced as a result of an action taken by
the property owner or the owner's predecessor;
3. Would allow such a degree of variation as to
constitute a rezoning or other amendment to the
zoning code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence:
The Variance Request is minimal and does not constitute
. a rezoning, nuisance, nor is it self-induced. The
project was originally approved by the County for a
retail center with the minimal setbacks. The applicant
is requesting the Design Review and Variance to allow for
an upgrading remodel of the existing nonconforming
structures without demolishing the buildings at this
time. In order for the City to encourage the remodel of
existing older structures that may be nonconforming,
Chapter 30.76 Nonconformities allows for the remodel of
a nonconformity when it does not exceed 50% of the
valuation of the existing buildings. The situation was
not self-induced; there is an alternate design without
the trellis accents and the modified roofline, however,
the Board determined that the accents and the parapet
roof were a better design and were in conformance with
the Design Review Ordinance, since variation is
encouraged on the exterior facade and there is limited
building envelope area; this variance would not
constitute a rezoning; and the proposed use will not
create a public or private nuisance, since the use is
allowed in the zone.
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. BE IT ALSO RESOLVED, that the Design Review Permit and
Variance are approved with the following conditions:
1. The project is approved as submitted on the Sign Program
site Plan from Aztec Signs (dated October 3, 1990, sheet
1); Elevations (dated October 4, 1990, sheets 2-3);
signing graphics (dated October 15, 1990 for blueline
sheet 4, dated October 14, 1990 for blueline sheet 5, and
dated October 17, 1990 for written material) ; and overall
site plan (blueline sheet 1); floor plans (blueline sheet
2); elevations (blueline sheet 3); site survey plan
(blueline sheet 4); planting plan (blueline sheet 5);
irrigation plan (blueline sheet 6), and on file in the
Department of Planning and community Development, and
shall not be altered without Community Advisory Board
review and approval.
2. A plan shall be submitted for approval by the Director
of Planning and Community Development, the City Engineer,
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.
3. The property owner shall record a landscape covenant in
the office of the County Recorder to run with the land,
agreeing that all required plantings and irrigation
systems shall be in place prior to use or occupancy of
new buildings or structures. All required plantings
shall be maintained in good growing condition and
irrigation systems shall be maintained in good condition,
and whenever necessary, shall be replaced with new
equipment and/or plant materials to ensure continued
compliance with applicable landscaping, buffering, and
screening requirements. All landscaping shall be
maintained in a manner that will not depreciate adjacent
property values and otherwise adversely affect adjacent
properties.
4. Signing shall be installed at the EI Camino Real and
Encinitas Boulevard entrance/exit driveways stating
"right turn only".
5. Awnings are approved on the north and south elevations.
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. 6. A pedestrian access stairway to the adjacent southerly
property sahlI not be required.
7. The landscape island shown on the site plan received at
the CAB meeting of January 7, 1991 located in the
westerly parking area in front of building A shall be
moved north and the parking spaces realigned further
south in order to facilitate access to the parking spaces
and entering and exiting the access/exit driveway on
Encinitas Boulevard.
8. The maximum height of the parapet roof shall be 16'.
9. The colors are approved as submitted on December 31, 1990
which are on file in the office of Planning and Community
Development. The colors are submitted as follows: teal
blue awnings; light grey/beige stain for wood
arbor/trellis; white aluminum window and door frames; and
shades of light grey/beige for the cement plaster.
FIRE:
10. Address numbers shall be clearly visible from the street
. fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Address numbers shall be displayed on this
monument.
11. Prior to final inspection approval, the applicant shall
submit 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
District.
PUBLIC WORKS:
12. Driveway access widths to EI Camino Real and Encinitas
Boulevard shall be a minimum of 32 feet and the access
aisle a minimum of 30' and shall be constructed to the
satisfaction of the City Engineer.
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.
PASSED AND ADOPTED this 4th day of February, 1991, by the
following vote, to wit:
AYES: Boardmembers Beck, Grajek, Patton and White
NAYS: None
ABSENT: Quinn
ABSTAIN: None
~ h~~
ANNE PATTON, Chairman of
the New Encinitas Community
Advisory Board
.
ATTEST:
,
(
LI A S. NILES,
Associate Planner
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