1995-08
RESOLUTION NO. OE-95-08
A RESOLUTION OF THE
OLD ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
A DESIGN REVIEW PERMIT APPLICATION TO ALLOW EXTERIOR
MODIFICATIONS TO A COMMERCIAL CENTER KNOWN AS
MOONLIGHT PLAZA "I" APPROVING AN ON-GRADE STAIR/RAMP
STRUCTURE PROVIDING ACCESS FROM THE SOUTHERLY END OF
THE CENTER TO THE ADJACENT TRANSIT CENTER AND APPROVING
A MINOR USE PERMIT TO ALLOW ALCOHOL SALES FOR RESTAURANTS
IN THE CENTER AND APPROVING A COASTAL DEVELOPMENT PERMIT
FOR ALL OF THE ABOVE FOR PROPERTY LOCATED IN THE GC ZONE
LOCATED AT 345 FIRST STREET
(CASE NO. 95-040 DR/MIN/CDP¡ APN 258-036-17)
WHEREAS, an application for Design Review approving an on-grade
stair/ramp structure providing access from the southerly end of the
center to the adjacent transit center, approving a canopy structure
adjacent to the EI Callejon restaurant, approving window tile accent,
approving a Minor Use Permit to allow alcohol sales for restaurants in
the center, and approving a Coastal Development Permit for all of the
above was filed by Rotsheck / Jourdain pursuant to Chapters 23.087
(Design Review), 30.74 (Use Permits), and 23.80 (Coastal Development
Permits) of the city of Encinitas Municipal Code in the Downtown
Encinitas Specific Plan, for property located at 345 First Street.
WHEREAS, public hearings were conducted by the Old Encinitas
community Advisory Board on June 22, August 24, and September 21, 1995,
as required by law, and all persons desiring to be heard were heard;
WHEREAS, evidence was submitted and considered to include without
limitation:
a. Application dated received by the City of Encinitas on
January 21, 1995, and revised plans dated received July 19
and September 14, 1995.
b. Oral testimony from staff, applicant, and public made a part
of the record at said public hearing;
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c. Old Encinitas Community Advisory Board agenda reports for the
meetings of June 22, August 24, and September 21, 1995, which
are on file in the Department of Community Development;
WHEREAS, the Old Encinitas community Advisory Board made the
following findings pursuant to Chapters 30.74 (Use Permits), 23.08
(Design Review), and 30.80 (Coastal Development Permit) of the
Municipal Code:
(SEE ATTACHMENT II A ")
NOW THEREFORE, BE IT RESOLVED by the Old Encinitas community
Advisory Board of the City of Encinitas that application No. 95-040
DR/MIN/CDP is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review
under Section 15301, of the State CEQA Guidelines.
PASSED AND ADOPTED this 21st day of September, 1995 by the
following vote, to wit:
Ayes: Birnbaum, Harden, Davis
Nays: None
Absent: None
Abstain: None \1l~~~ --
Adam Blrnbaum,
Chairman of the
Old Encinitas Community
Advisory Board
ATTEST:
Ji7~~
Junior Planner
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ATTACHMENT "A"
FINDINGS
Resolution No. OE-95-08
Case No. 95-040 DR/MIN/CDP
Applicant: Jourdain / Rotsheck
I. section 23.08 - DESIGN REVIEW
23.08.072 Requlatory Conclusions - Generally.
A. The project design is inconsistent with the General Plan, a
Specific Plan or the provisions of this Code.
Facts: The proj ect. site is subject to the standards as
specified in the Downtown Encinitas Specific Plan.
Discussion: The project was analyzed in staff reports dated
June 22, August 24, and September 21, 1995, and reviewed by the
Old Encinitas Community Advisory Board on those dates.
The project consists of an on-grade concrete stairway/ramp
structure connecting the southerly end of the commercial center
with the transit center, of a canopy/patio cover structure
covering a courtyard area for the "EI Callejon" restaurant, and of
wood-framed tile window accents for this restaurant.
The stairway is considered a positive element, as it provides
pedestrian circulation opportunities for the area.
The other additions (window accents and patio cover) do not have
a direct impact to the surrounding area, and are not readily
visible beyond the project area.
No aspect of the specific plan has been identified with which the
project would be inconsistent.
Conclusion: The Old Encinitas Community Advisory Board determines
that the proposed project conforms with the Downtown Encinitas
Specific Plan, the General Plan, and Municipal Code.
B. The project design is substantially consistent with the
Design Review Guidelines.
Facts: The project has been found to comply with the general
provisions and intent of the applicable specific plan. Discussion
related to project design is located below under building and
landscaping design, and site layout.
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12-93 23.08.072
23.08.074 Requlatory Conclusions - Desiqn and site Layout.
The project design fails to take into account the constraints and
opportunities of the site. The project design does not preserve
significant public views to the extent possible, nor does it offer
mitigation for the lost views.
Facts: The proj ect consists of an on-grade concrete stairway/ramp
structure connecting the southerly end of the commercial center
with the transit center, of a canopy/patio cover structure
covering a courtyard area for the "EI Callejon" restaurant, and of
wood-framed tile window accents for this restaurant.
Discussion: The project takes advantage of the opportunity to
provide a pedestrian link between the commercial center and the
transit center.
The project takes advantage of an existing outdoor seating area by
providing material improvement to this area with the patio cover
structure. No view impacts result from the project since the
canopy structure is not readily visible beyond the property lines.
The tile window accents constitute an architectural enhancement to
the building.
Conclusion: The Old Encinitas CAB finds that the project takes
advantage of existing site opportunities in providing improvements
to the center, and that no significant view issues result from the
project.
23.08.076 Regulatory Conclusions - Buildinq Design.
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.
B. The project design limits the selection of exterior materials
resulting in disharmony and discontinuity of the exterior
elevations.
E. The various buildings and building elements are in proportion
with one another.
Facts: The stairway/ramp structure creates no discontinuity with
the center or the surrounding area.
The patio cover element will consist primarily of 2" x 6" framing
members, painted brown to match other framing elements of the
adjacent building with which it is associated. The existing
canopy color of "canvas blue" will not be out of character with
the center.
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Discussion: The patio cover takes advantage of existing outdoor
dining, and enhances this outdoor use/activity with a shelter
structure which is designed to complement the commercial center.
The window tile accents are relatively minor elements, and have a
design appearance which complements the restaurant theme.
Conclusion: The Old Encinitas CAB finds that the project design
coordinates building elements and color such that the visual
integrity of the existing commercial center is maintained.
C. The project would adversely affect the health, safety, or
general welfare of the community.
Facts: The project consists of improvements to an existing
commercial center including modifications to an exterior seating
area, minor architectural modifications to an existing building,
and the establishment of a concrete stairway/ramp structure.
Discussion: The proposed modifications will comply with all
applicable zoning, building, and health code standards.
Conclusion: The Old Encinitas CAB find no aspect of the project
has been identified which would adversely affect the health,
safety, or general welfare of the community.
D. The project would tend to cause the surrounding neighborhood
to depreciate materially in appearance or value.
Facts: The proj ect consists of an on-grade concrete stairway/ramp
structure connecting the southerly end of the commercial center
with the transit center, of a canopy/patio cover structure
covering a courtyard area for the "El Callejon" restaurant, and of
wood-framed tile window accents for this restaurant.
Discussion: The project has been found herein to comply with the
applicable design review standards, has been reviewed by the
authorized agency, and has been found in compliance with all
applicable design review standards.
Conclusion: The Old Encinitas CAB finds that the project will not
cause the surrounding neighborhood to depreciate materially in
appearance or value.
II. section 30~74.040 - Use Permits
A. The location, size, design and operating characteristics of the
proposed project will be compatible with and will not adversely affect
and will not be materially detrimental to adjacent uses, residences,
buildings, structures or natural resources, with consideration given
to, but not limited to:
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1. The adequacy of public facilities, services and utilities to
serve the proposed project;
2. The suitability of the site for the type and intensity of use
or development which is proposed; and
3. The harmful effect, if any, upon environmental quality and
natural resources of the city.
Facts: The applicant proposes a minor use permit to allow alcohol
serving for all restaurants in the Moonlight Plaza "I" commercial
center. The Downtown Encinitas Specific Plan allows for alcohol
sales with the approval of a minor use permit.
Discussion: Restaurants commonly provide alcoholic beverages as
part of their selection. This approval permits such restaurants
to seek alcohol serving permits from Alcohol Beverage Control
(ABC).
The approval authorizes alcohol sales for restaurants only;
alcohol sales for any bars or clubs is not authorized with this
minor use permit.
The Sheriff has reviewed the application request, with no adverse
comments given.
Conclusion: The CAB finds that the location, size, design and
characteristics of the proposed business is compatible with and
will not adversely affect and are not materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources.
B. The impacts of the proposed project will not adversely affect the
policies of the Encini tas General Plan or the provisions of the
Municipal Code; and
C. The proj ect complies with any other regulations, conditions or
policies imposed by the Municipal Code. .
Facts: The application is to allow alcohol sales for restaurants,
as per the Downtown Encinitas Specific Plan.
Discussion: The Downtown Encinitas Specific Plan allows for such
alcohol serving with the issuance of a minor use permit. The CAB
has reviewed the subject application and project site, and has
determined that the project will not be incompatible with the
subject specific plan, the project site, or the surrounding area.
Conclusion: The CAB finds that approval of the use permit
allowing alcohol sales with restaurants, as conditioned, will not
adversely affect the policies of the Encinitas General Plan or the
provisions of the Municipal Code.
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III. section 30.80 - COASTAL 'DEVELOPMENT PERMIT
1. The project is consistent with. the certified Local Coastal Program
of the City of Encinitas; and
2. The proposed development conforms with Public Resources Code 21000
and following in that there are no feasible mitigation measures or
feasible alternatives available which would substantially lessen
any significant adverse impact that the activity may have on the
environment.
Facts: The project site is within the Coastal Zone, subject to a
Coastal Development Permit. The application is to allow alcohol
sales for restaurants, as per the Downtown Encinitas Specific
Plan.
Discussion: The Downtown Encinitas Specific Plan allows for such
alcohol serving with the issuance of a minor use permit. The CAB
has reviewed the subject application and project site, and has
determined that the project will not be incompatible with the
subject specific plan, the project site, or the surrounding area.
Conclusion: The CAB finds that the project is consistent with the
Municipal Code and the LCP, and will not generate adverse impacts
on the environment.
No aspect of the project has been identified which could have an
adverse impact on coastal or any natural resources. The approval
of this Coastal Development Permit satisfies the requirements of
the Encinitas Local Coastal Program.
The Community Advisory Board finds that the project is consistent
with the certified Local Coastal Program of the City of Encinitas
and that required finding #2 is not applicable since no
significant adverse impact is associated with the project.
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ATTACHMENT "A"
CONDITIONS OF APPROVAL
Resolution No. OE-95-08
Case No. 95-040 DR/MIN/CDP
Applicant: Jourdain / Rotsheck
GENERAL CONDITIONS
A. This approval will expire in two years, on September 21,
1997, at 5:00 p.m. unless the conditions have been met or an
extension has been approved by the Authorized Agency.
B. Project is approved as submitted as evidenced by the
application dated received February 17, 1995, (revised
project plans dated received by the City July 19, and
September l4, 1995) signed by a City Official as approved by
the Old Encinitas Community Advisory Board on September 21,
1995, and shall not be altered without Community Development
Department review and approval.
C. In the event that any of the conditions of this permit are
not satisfied, the Community Development Department may cause
a noticed hearing to be set by the authorized agency to
determine why the city of Encinitas should not re-review this
permit.
D. Approval of this request shall not waive compliance with any
sections of the Zoning Code and all other applicable City
Ordinances in effect at the time of Building Permit issuance
unless specifically waived herein.
E. The canopy structure shall receive final inspection of a
building permit within 45 days from the issuance of this
approval from the CAB.
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.
Any modifications made to the canopy structure, as required
by the Uniform Building, shall substantially maintain the
existing/proposed appearance. The Communi ty Development
Department shall review said building permit prior to
lssuance.
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F. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
G. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
H. 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.
I. This minor use permit approval authorizes alcohol sales for
restaurants within the Moonlight Plaza "I" only. This use
permit does not authorize alcohol sales in association with
any bars or clubs.
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