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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 . LN/CAB24-266wp (1/29/91) 8 . 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. . LN/CAB24-266wp (1/29/91) 9 . 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. . LN/CAB24-266wp (1/29/91) 10 . 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 . LN/CAB24-266wp (1/29/91) 11 . 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 . LN/CAB24-266wp (1/29/91) 12 . 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. . LN/CAB24-266wp (1/29/91) 13 . 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. . LN/CAB24-266wp (1/29/91) 14 . 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. . LN/CAB24-266wp (1/29/91) 15 . 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 . LN/CAB24-266wp (1/29/91) 16 I