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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; JK\G\RESOS\ROE95040.921 (9-25-95) , I I 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 JK\G\RESOS\ROE95040.921 (9-25-95) 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. JK\G\RESOS\ROE95040.921 (9-25-95) 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. JK\G\RESOS\ROE95040.921 (9-25-95) 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: JK\G\RESOS\ROE95040.921 (9-25-95) 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. JK\G\RESOS\ROE95040.921 (9-25-95) 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. I JK\G\RESOS\ROE95040.921 (9-25-95) I I 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. JK\G\RESOS\ROE95040.921 (9-25-95) 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. JK\G\RESOS\ROE95040.921 (9-25-95)