1995-05 EG
RESOLUTION NO. OE-95-0S
A RESOLUTION
OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING A
DESIGN REVIEW PERMIT FOR EXTERIOR
MODIFICATIONS TO A PORTION OF THE
EXISTING LUMBERYARD COMMERCIAL CENTER
ALONG WITH A REMODEL OF AN OUTDOOR
SEATING AND DINING AREA FOR PROPERTY
LOCATED AT 937 FIRST STREET
(CASE NO. 95-024 DR)
WHEREAS, a Design Review application was filed by Santa Anita
Realty pursuant to section 23.08 of the City of Encinitas Municipal
Code to allow a "windbreak" canopy over the frontal portion of the
outdoor seating / dining area, to allow modifications to the exterior
dining area, and to allow exterior architectural modifications to one
of the center's occupancies, for the property located at 937 First
Street, and legally described as;
PARCEL 1:
Parcels 1 through 5 inclusive of Parcel Map 11914, being a
division of a portion of the Atchison Topeka and Santa Fe
Railway Company's Station Grounds in section 16, Township 13
South, Range 4 West, San Bernardino Meridian, described in Deed
recorded in Book 41 of Deeds, page 52, records of said County.
Excepting therefrom all oil, gas and other hydrocarbon and
mineral substances lying not less than 300 feet below the
surface of said land, provided that Grantor, its successors, and
assigns, shall not have the right to go upon the surface of said
land for the purpose of extracting said oil, gas and other
hydrocarbon and mineral substances by means of slant-drilled
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wells located on adjacent or nearby land, or by any other means
that shall not require entry upon surface of said land.
PARCEL 2:
Parcels 6 through 8 inclusive of Parcel Map 12092, filed in the
Office of the County Recorder of San Diego County, May 6, 1982,
being a division of a portion of the Atchison, Topeka and Santa
Fe Railway Company station Grounds in section 16, Township 13
South, Range 4 West, San Bernardino Meridian, described in Deed
recorded in Book 41 of Deeds, page 52, records of said County.
Excepting therefrom all oil, gas and other hydrocarbon and
mineral substances lying not less than 300 feet below the
surface of said land, provided that Grantor, its successors, and
assigns, shall not have the right to go upon the surface of said
land for the purpose of extracting said oil, gas and other
hydrocarbon and mineral substances by means of slant-drilled
wells located on adjacent or nearby land, or by any other means
that shall not require entry upon surface of said land.
PARCEL 3:
A road easement for ingress and egress across the Southerly 12.5
feet of Parcel 9 of Parcel Map 12092, recorded in the Office of
the County Recorder of San Diego County on May 6, 1982, as
File/Page No. 82-134066.
WHEREAS, a public hearing was conducted by the Old Encinitas
Community Advisory Board on February 23, 1995 and March 23, 1995 as
required by law, and all persons desiring to be heard were heard;
WHEREAS, evidence was submitted and considered to include
without limitation:
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a. site plan, and building elevations consisting of four
sheets and dated received by the City of Encinitas on
January 30, 1995. and revise plans consisting of two sheets
and dated received by the City of Encinitas on March 15-,
1995.
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. Old Encinitas Community Advisory Board agenda reports (95-
024 DR) for the meetings of February 23 and March 23,1995;
which' are on file in the Department of Community
Development; and
e. Additional written documentation.
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Section 23.08.072 of the Municipal
Code.
(SEE ATTACHMENT "A")
NOW THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the city of Encinitas that Design Review
application No. 95-024 DR 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(e) of the State CEQA Guidelines.
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PASSED AND ADOPTED this 23rd day of March, 1995 by the
following vote, to wit:
Ayes: Boardmembers Birnbaum, Davis, Harden
Nays: None
Absent: None
Abstain: None
',' . .' ';""- " ..
Adam Birnbaum; -- ,.
Chairman of the
Old Encinitas Community Advisory Board
ATTEST:
~~~
~~ en
Senior Planner
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ATTACHMENT nAn
FINDINGS
(SECTION 23.08.072 OF THE MUNICIPAL CODE)
Resolution No. OE-95-05
Case No. 95-024 DR
Applicant: Santa Anita Realty
Location: 937 First Street
23.08.072 Requlatory Conclusions - Generallv.
A. The project design is inconsistent with the General Plan,
a Specific Plan or the provisions of this Code.
Facts: The project site is subject to the standards as
specified in the Downtown Encinitas Specific Plan.
Discussion: The project was analyzed in staff reports dated
February 23, and March 23, 1995, and reviewed by the Old
Encinitas Community Advisory Board on those dates.
The proposed project is to permit modifications to an existing
commercial development as previously approved through the County
use permit process. The modifications are in keeping with the
Downtown Encinitas Specific Plan in that commercial
establishments are permitted in subject D-CM-l district of the
specific plan, including the subject restaurant use. The
project constitutes a modification to the permitted use which is
within the aggregate area limitations for restaurant uses in the
center allowed with previous County Use Permit P80-47M, and
subsequent amendments including City of Encinitas Major Use
Permit Modification 90-008 MUP/EIA.
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.
Discussion:
23.08.074 ' Requlatorv Conclusions - Desiqn and Site Layout.
The project design fails to take into account the
constraints and opportunities of the site. The project
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design does not preserve significant public views to the
extent possible, nor does it offer mitigation for the lost
views.
Facts: The project consists of improvements to an existing
outdoor seating area, including a wind-screen/canopy, a
masonry fireplace, planter boxes, and a masonry wall
bordering the planter area, and to allow exterior
modifications to an existing commercial lease space.
Discussion: The project takes advantage of an existing
outdoor seating area by providing material improvement to
this area. No view impacts result from the project.
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. Further, the Board finds that the
modification of the subject lease space to a south-western theme
will constitute an enhancement to the commercial center.
23.08.076 Requlatory Conclusions - Buildinq Desiqn.
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 project to allow improvements to an existing
outdoor seating area, and to allow exterior modifications
to an existing commercial lease space have been designed to
compliment the commercial center of which they are a part.
The subject wind-screen / canopy is designed to cover
roughly the western 1/3 of the patio area and will project
to a height approximately equal to the height of the roofs
of the surrounding buildings (in the center) at its highest
point. The canopy color of off-white will compliment the
predominant colors of the center of red brick with white
trim.
The application also proposes modification of the business
to a "Southwestern" theme. While this design motif is not
typical for the center, the colors to be utilized will be
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off-white, in keeping with the proposed canopy and the trim
color of the buildings.
Discussion: The wind-screen element provides shelter for
diners, while also providing a visual element accentuating
the commercial center and dining area. Therefore, this
element is intended to provide a contrasting visual
element, while maintaining some consistency with the
character of the commercial center. These objectives are
attained, given the contrasting nature of the structure,
and given the off-white color selection which compliments
the commercial buildings. The proposed exterior
modifications will utilize consistent colors and will
therefore blend adequately with the center.
Conclusion: The Old EncinitasCAB finds that the project
design coordinates building elements and color such that
the visual integrity of the existing commercial center is
maintained, while permitting a greater variety of design
elements.
Conclusion: The project has been found by the Old Encinitas
CAB to be in substantial conformance with the applicable design
criteria set forth in Chapter 23.08 of the Municipal Code
relating to building and site design.
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 consisting of modifications to an exterior
seating area and to an existing lease space.
Discussion: The proposed modifications will comply with all
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 proj ect would tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Facts: The project consists of improvements to an existing
commercial center consisting of modifications to the central
outdoor seating area, including a wind-screen/canopy, a masonry
fireplace, planter boxes, and a masonry wall bordering the
planter area, and to allow exterior modifications to an existing
commercial lease space (937 First street).
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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.
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ATTACHMENT nBn
CONDITIONS
Resolution No. OE-95-05
Case No. 95-024 DR
Applicant: Santa Anita Realty
Location: 937 First street
1. GENERAL CONDITIONS
A. This approval will expire on March 23, 1997, at 5:00 p.m.,
two years from the date of approval, 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 days from the date of this approval.
C. The project is approved as submitted/modified as evidenced
by the site plan and building elevations consisting of two
sheets and dated approved by the Old Encinitas Community
Advisory Board on March 23, 1995, and shall not be altered
without review and approval by the authorized agency.
D. 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.
E. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
?ityordinances in effect at the time of Building Permit
l.ssuance.
F. 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 submittal.
E. All cost recovery fees associated with the processing of
the subject application shall be paid to the Department of
Community Development prior to building permit issuance.
F. All business/entertainment activities shall comply with all
Municipal Code standards, and shall not adversely impact
nearby properties.
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G. The applicant shall obtain required permits from all other
applicable governmental agencies, including the following:
California Coastal Commission
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DEPARTMENT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2 FIRE
- Prior to building permit issuance the applicant shall
verify to the Planning Department that all development
impact, plan check and/or cost recovery fees have been paid
or secured to the satisfaction of the Encinitas Fire
Department.
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