1989-23
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RESOLUTION NO. L-89-23
. A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR A PREVIOUSLY CONSTRUCTED
COMMERCIAL ADDITION LOCATED AT 576 N. HIGHWAY 101
(CASE NO. 89-036-DR)
WHEREAS, a request for consideration of a Design Review
Application was filed by Chris Alley to legalize the previously
constructed commercial addition, as per Chapter 23.08 of the City
of Encinitas Municipal/Zoning Codes, for the property located at
576 N. Highway 101, legally described as;
Lots 1 & 2, Block liB" of SOUTH COAST PARK UNIT NO. 3, in the
County of San Diego, State of California, according to Map
thereof No. 1935, filed in the office of the County Recorder
of San Diego County, August 17, 1926.
WHEREAS, a public hearing was conducted on the application on
March 30, 1989, July 20, 1989 and October 19, 1989 and all persons
. desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff reports dated March 23, 1989, July 7, 1989 and
October 9, 1989;
2. The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Documentation and site and building plans submitted by
the applicant; and
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WHEREAS, the Leucadia Community Advisory Board made the
8 required findings pursuant to Section 23.08 of the Zoning Code (See
Attachment "A").
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Design Review
Application is hereby approved subject to the following conditions:
A. The applicant shall obtain all required permits within
60 days of the end of the appeal period.
.
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design. Plants were selected from a coordinated palette
. ranging from pink to deep rose. Trees will all be
Melaleucas. Both the foundation of the structure and the
base of the fences will be softened visually with shrubs
and vines.
In conclusion, based on the analysis above, the project
is substantial consistent with the Design Review
Guidelines.
c. The project would not adversely affect the health,
safety or general welfare of the community.
Evidence to Consider:
The project will be connected to all public utilities.
The vacant site is a continual source of code violations
for dumping apparently associated with residents to the
north. The development of the site will removal this
hazard. The proposed proj ect, therefore, should not
adversely affect the health, safety or general welfare
of the community.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance
. or value.
Evidence to Consider:
The currently undeveloped site is an eyesore and hazard
to the community because since it is vacant it is used
for illegal dumping. The development of the site would
eliminate this problem. The proposed project will
coordinate in terms of materials and color with the
surrounding neighborhood and will be fully landscaped.
The proposed proj ect, therefore, would not cause the
surrounding neighborhood to depreciate materially in
appearance or value, in fact, it should serve to upgrade
the neighborhood.
. JJ/02/CRO6-392WP5 (10/31/89) CASE NO. 89-177-DR
PAGE 11 OF 11
1. GENERAL CONDITIONS
8 A. This approval will expire on October 19, 1991 at 4:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
B. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
C. 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.
D. 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.
E. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this permit.
F. 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.
G. 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.
H. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
1. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived here.
J. The applicant shall comply with the latest adopted
uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance unless
specifically waived here.
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K. This approval shall become null and void if building
8 permits are not issued for this project within two years
from the date of project approval. If the applicant is
not able to obtain building permits due to a growth
management program within the two year period, this
approval may be extended by the Director of Planning and
Community Development to allow for the issuance of
building permits.
L. A permit will be required from the Coastal Commission.
M. Project is approved as submitted as evidenced by the plot
plan dated September 13, 1989 received by the City of
Encinitas on september 13, 1989 and signed by a City
Official as approved by the Leucadia Community Advisory
Board on October 19, 1989 and shall not be altered
without Planning and community Development Department
review and approval. Revised patio elevations (page 2)
are approved as submitted as evidenced by the plot plan
dated September 29, 1989 received by the City on
September 29, 1989 and signed by a City Official as
approved by the Leucadia Community Advisory Board on
October 19, 1989.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
. 2. SITE DEVELOPMENT
A. site plan, building elevations, materials and colors are
approved as submitted.
B. For a new commercial or industrial development, or
addition to an existing development, the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, Water and Sewer Service Fees, Traffic
Fees, DRainage Fees and Park Fees. These fees shall be
paid prior to building permit issuance.
C. Fencing shall be maintained along the entire frontage on
public rights-of-way that will screen the site from
public view. All fencing shall be of a consistent
natural color and kept in good repair.
3. PARKING AND VEHICULAR ACCESS
A. Parking lot lights shall be low pressure sodium, shielded
and have a maximum height of eighteen (18) feet from the
finished grade of the parking surface and be directed
away from all property lines, adjacent streets and
residences.
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8 B. The two parking areas shall be clearly marked with signs
stating: IIparking for Customers Only". Parking areas
shall not be used for storage of any type including
trailers and non-functioning vehicles.
C. This project shall be reviewed by the traffic advisory
committee of the City of Encinitas to determine if "No
Parking" signs or other parking restraints are required
on or adjacent to this property.
4. LANDSCAPING
A. All required plantings shall be in place prior to
issuance of building permits for addition, awning and
signs. All required plantings shall be maintained in
good growing conditions, and whenever necessary, shall
be replaced with new 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. Landscaping shall be subject to the
following conditions:
(a) Mature landscaping which screens most of the patio
addition must be maintained.
. (b) Landscaping, either in planters or in pots, must be
installed and maintained around the entryway and
front foundation of the entire structure.
(c) Landscaping and that portion of the site visible
from public rights-of-way must be maintained in an
orderly manner.
5. SIGNS
A. Any signs proposed for this development shall be designed
and approved in conformance with the Sign Ordinance.
B. The awning sign is approved as submitted and as shown on
the plot plan dated September 13, 1989 received by the
City of Encinitas on September 13, 1989 and signed by a
City Official as approved by the Leucadia Community
Advisory Board on October 19, 1989 and shall not be
altered without Planning and Community Development
Department review and approval.
c. Tall free standing sign and any other non-complying
signage shall be removed.
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APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
8 REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. FIRE
A. street numbers shall be clearly visible from the street
fronting the structure.
B. Maximum total occupant load for the entire restaurant
shall be 48 persons.
C. Minimum aisle width with seating on both sides is 44
inches.
D. Exit door and hardware from patio dining area shall
comply with specifications in Uniform Building Code,
Chapter 33.
E. Propane heaters or other heating units not in conformance
with the Fire Code shall not be used in enclosed patio.
7. BUILDING
A. Provide compliance with the Uniform Building Code for
property line clearances considering use, area and fire
resistance of existing buildings.
. B. Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
C. Complete construction details for an open patio deck
conforming to the 1985 Uniform Building Code (UBC) must
be submitted for Building Department plan check. Any
structural conditions of the existing deck that do not
comply with the UBC must be brought into compliance.
D. Deck area must be accessible to and function for the
physically disabled.
8. STREETS AND SIDEWALKS
(The authorized agency may modify City standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity pursuant to Municipal
Code Section 24.01.180.)
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A. Further development of this property will require that
8 curbs and gutters and concrete sidewalks be installed.
B. Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the Department of Public Works and
appropriate fees paid, in addition to any other permits
required.
C. The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the final inspection or the
date the certificate of occupancy is issued, whichever
occurs later.
D. Developer shall execute and record covenant to the
satisfaction of the City Attorney with the County
Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-
of-way improvements.
The Director of Public Works or his designee or the
authorized agency (agent) has the authority to waive or
modify any conditions within this document upon receipt
of evidence indicating that the condition has been
fulfilled or cannot be fulfilled due to circumstances
beyond the control of the developer.
. PASSED AND ADOPTED this 19th day of October, 1989, by the
following vote, to wit:
AYES: Eldon, Kaden, Shur, Locko, Harwood
NAYS: None
ABSENT: None
ABSTAIN: None
Dougla H rwood, Chairperson
of the eu adia
Communi dvisory Board
ATTEST: .
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ATTACHMENT "A"
. Leucadia Community Advisory Board
RESOLUTION NO.
CASE NO. 89-036-DR
Findings for Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Regulatory Conclusions - Generally.
A. The project design is consistent with the General Plan,
a Specific Plan or the provisions of this Code.
Evidence to Consider:
The restaurant use is consistent with the General Plan and the
Zoning Code. The patio, entry way and signage, however, is
unpermitted and, therefore, does not comply with the Municipal
Code. If a Design Review permit is granted, the applicant will
then be required to apply for these permits.
B. The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider:
. The project is low-scale and in character with the neighborhood.
The stepped back design of the patio and the mature vegetation
which screens it, enable it to blend in with the area. Decorative
landscaping enhances the design and character of the structure.
The structure is coordinated in terms of color, materials, form,
texture and detailing. Mechanical equipment and roof penetrations
are not visible from the public streets. Signage is tasteful and
in character with the development and the area. In conclusion, the
project is substantially consistent with the Design Review
Guidelines.
C. The project would not adversely affect the health, safety
or general welfare of the community.
Evidence to Consider:
The project is connected with all public utilities. When it
complies with all code requirements, especially fire and building,
which it will be required to do in order to retain the patio and
entryway, then it should not adversely affect the health, safety
or general welfare of the community.
D. The project would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
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. Evidence to Consider:
The applicant has made considerable effort to upgrade the
a
project. Part of the exterior has been recently painted.
Trellises and plantings have improved the appearance of the
entryway. Overall, the appearance of the project should serve to
upgrade the surrounding area.
.
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