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1989-23 . 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 8 JJ/05/CR04-399wp5 (11-7-89) 1 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. . 8 JJ/05/CR04-399wp5 (11-7-89) 2 . 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. 8 JJ/05/CR04-399wp5 (11-7-89) 3 CASE NO. 89-036-DR 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. 8 JJ/05/CR04-399wp5 (11-7-89) 4 CASE NO. 89-036-DR 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. 8 JJ/05/CR04-399wp5 (11-7-89) 5 CASE NO. 89-036-DR 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.) 8 JJ/05/CR04-399wp5 (11-7-89) 6 CASE NO. 89-036-DR 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: . 8 JJ/05/CR04-399wp5 (11-7-89) 7 CASE NO. 89-036-DR . 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. 8 JJ/05/CR04-399wp5 (11-7-89) 8 CASE NO. 89-036-DR J - . . ' . 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. . 8 JJ/05/CR04-399wp5 (11-7-89) 9 CASE NO. 89-036-DR