1989-01
RESOLUTION NO. OE89-01
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS, APPROVING A
DESIGN REVIEW PERMIT ADJUSTMENT
TO ALLOW AN EXTERIOR REMODEL AND VARIOUS
SITE IMPROVEMENTS FOR A RESTAURANT
LOCATED AT 305 ENCINITAS BOULEVARD
(CASE NUMBER 88-311 DR AND 88-368 DRM/BA)
WHEREAS, a request for consideration of a Design Review
Permit and Boundary Adjustment was filed by VSR Design to allow an
exterior remodel and various site improvements for a restaurant as
per
Chapters
23.08
and
24.70
of
the
City
of
Encinitas
Municipal/Zoning Codes, for the property located at 305 Encinitas
Boulevard, legally described as:
Lots 2 and 3 of Map No. 8116, filed in the office of the
County Recorder of San Diego County, May 28,1975 as File
No. 75-129941, of Official Records; and
WHEREAS, a public hearing was conducted on the application on
October 20, 1988, and January 19, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The staff reports dated October 7, 1988 and January 3,
1989;
2.
The application, plans, and adjustment plat submitted by
the applicant;
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapters 23.08 and 24.70 of the
Encinitas Municipal Code:
SEE ATTACHMENT "A"
TC/04/CRO4-211WP51(1/9/89-3)
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 88-311 DR
and 88-368 DRM/BA are 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:
(1)
This project was found to be exempt from environmental
review, Sections 15301 (e), 15304 (b), 15305 (a) of CEQA;
PASSED AND ADOPTED this 19th day of January, 1989, by the
following vote, to wit:
AYES: Tobias, Couglar, Steyaert, Kauflin
NAYS: None
ABSENT: None
ABSTAIN: None
--7
L . ~
..¡ O,-/VU¡ .~~
Harry Couglc;aæ, Chai an-
of the Old Encinitas
Community Advisory Board
Board
ATTEST:
/ -- - ~ /-:;;7 ;:::>~
~ /' ~'--- - -Ž-~---~--~--.-c::>~
'--/-
Tom Curriden, Assistant Planner
TC/04/CRO4-211wp52(1/9/89-3)
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE89-01
CASE NOs. 88-31 DR AND 88-368 DRM/BA
Findings for Design Review
(section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generally.
A. The project design is inconsistent with the General
Plan, a specific Plan or the provisions of this Code.
Evidence to Consider:
The proposed/existing restaurant is consistent with both the
present C-36 zoning of the property and the General Commercial
designation on the Land Use Policy Map of the city's Draft General
Plan.
B. The project design is substantially inconsistent with the
Design Review Guidelines.
Evidence to consider:
The members of the Old Encinitas community Advisory Board
determined that the project will reflect a high quality of design
appearance and is in substantial conformance with the city's Design
Review Guidelines, and consequently did not identify any did not
identify any regulatory conclusions of Section 23.08.072 which
could be made in this instance.
C. The project would adversely affect the health, safety or
general welfare of the community.
Evidence to consider:
No aspects of the proposal have been identified which will result
in any significant adverse impact on the environment or to the
general welfare of the community. The proposal has accordingly
been found categorically exempt from further environmental review
pursuant to the State CEQA Guidelines.
D. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance and value.
Evidence to Consider:
The proposal reflects a substantial improvement to the subj ect
property and thus will not materially detrimental to surrounding
properties.
E. The project is compatible in structural size (bulk and
mass) to adjacent properties and neighborhood.
Evidence to Consider:
The structure will remain one story and is compatible in height
TC/04/CRO4-211wp5 3(1/9/89~3)
with development in all adjoining areas.
F. There is reasonable probability that the land use and
design proposed will be consistent with the General Plan proposal
being considered or studied.
Evidence to Consider:
As was noted under finding "A", the proposed use and development
is consistent with the General Plan presently being considered.
G. There is little or no probability of substantial
detriment to or interference with the future adopted General Plan
if the proposed design is ultimately inconsistent with the plan,
since the project is allowed by the proposed General Plan.
Evidence to Consider:
The frequency of other such uses in the zone insures that there is
little or no probability of substantial detriment to or
interference with the future General Plan should it ultimately be
inconsistent.
Findings for a Boundary Adjustment
(Pursuant to section 24.70.060 of the Municipal Code)
The application to adjust a lot line shall be approved unless the
parcels resulting from the adjustment will:
A. Create a condition which does not comply with zoning and
development regulations. All parcels resulting from a lot line
adjustment shall comply with minimum City requirements for lot
size, dimensions, access, parking and circulation, and all other
applicable development standards established through the zoning and
development code. The lot line adjustment shall also be found to
promote available design standards and guidelines as established
through the zoning and development code. The lots resulting from
a lot line adjustment and existing and/or potential development on
those lots shall be found to be within limitations for lot density
and intensity of development and use as established through the
zoning and development code. (Ord. 88-10).
Evidence to Consider:
Both resulting parcels exceed the minimum lot area (10,000 sq. ft.)
prescribed by Code, and both sites will contain parking in excess
of the amount required by code. The drive aisle and parking space
dimensions are also in conformance with code, subject to the
attached conditions of approval.
B. Create a condition which does not comply with building
regulations.
Evidence to Consider:
The restaurant remodel will be required to conform with all U.B.C.
standards through the permitting process.
TC/04/CRO4-211wp54(1/9/89-3)
C. Materially, adversely affect an agreement
security for the construction of public improvements.
for
the
Evidence to Consider:
No security agreements for public improvements are in place to be
affected by the development.
D.
Extends beyond the City limit boundary.
Evidence to Consider:
The project is entirely within city boundaries.
E. Requires substantial al teration of any
improvement or creates a need for any new improvement.
existing
Evidence to Consider:
Public improvements along Calle Magdelena and Encinitas Boulevard
are in place, and no need of new improvements will be created.
F. Adjusts the boundary line between lots which are subject
to an agreement for public improvements, unless the cit Engineer
finds that the proposed adjustment will not material affect such
agreement for the security therefor.
Evidence to Consider:
See finding "C".
TC/04/CRO4-211wp55(1/9/89-3)
RESOLUTION NO. OE89-01
File Nos. 88-311 DR and 88-368 DRM/BA
ATTACHHENT "B"
I.
SPECIFIC CONDITIONS
1.
Prior to building permit issuance, the applicant shall
obtain Community Advisory Board approval of a revised
landscape plan to incorporate the following:
a.
b.
c.
d.
2.
3.
4.
5.
continuation of the landscape planter along the
north elevation of the structure in front of the
trash storage area;
Trees/landscaping within the landscape islands in
the parking area (as indicated at the hearing)
including a minimum of 6 landscape planters of a
minimum 3 ft. width parallel with and wi thin the row
of spaces along the southerly boundary of the sites;
Shrubbery along the east property frontage with the
adjacent services station to a point 20 ft. from
the existing sidewalk along Encinitas Boulevard;
All planters around the structure specified at a
minimum 4 ft. width, with 48" box trees to be placed
in the larger landscape islands;
e.
All perimeter trees specified to a minimum 24" box
size; with 48" box trees to be placed in the larger
landscape islands;
f.
The landscaping between the west property boundary
and the freeway offramp shall be enhanced with
grouping of trees to buffer the site and soften the
appearance of the parking area from the right-of-
way.
The existing satellite dish antenna shall be relocated
to a location found satisfactory by the Old Encinitas
Community Advisory Board or deleted.
The existing perimeter split rail fence shall be removed.
The applicant shall furnish evidence satisfactory to the
Community Development Department that the existing
freeway oriented sign on site is a legal non-conforming
sign (built with benefit of permits) prior to issuance
of building permits.
Pursuant to section 24.70.100 of the Encinitas Municipal
Code, the lot line adjustment shall be valid for one (1)
year from the date of action of the authorized agency or
appeal authority, prior to which time the applicant must
TC/03/CRO4-211wp56(1/23/89-4)
prepare and record a Record of Survey Map pursuant to
City regulations, and fulfill the other requirements for
a boundary adjustment as set forth in Municipal Code
section 24.70.110.
II.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THB DBPARTMBNT OF PLANNING AND
COMMUNITY DBVBLOPMBNT REGARDING COMPLIANCB WITH THE FOLLOWING
CONDITIONS (ITEMS 6 THROUGH 27):
GENERAL CONDITIONS
6.
7.
8.
9.
10.
11.
12.
13.
The Design Review approval will expire on January 19,
1991, two years after the approval of this project unless
the conditions have been met or an extension has been
approved by the authorized agency (agent).
This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
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.
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 sent
before the authorized agency (agent) to determine why the
City of Encinitas should not revoke this permit.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the city of Encinitas,
acting through the authorized agency (agent), may add,
amend, or delete conditions and regulations contained in
this permit.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
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.
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.
14.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
TC/03/CRO4-211wp57(1/23/89-4)
15.
16.
The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
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, School Fees,
Traffic Fees, Drainage Fees and Park Fees. These fees
shall be paid prior to (as applicable):
SITB DBVELOPMBNT
17.
18.
19.
20.
21.
The si te shall be developed in accordance wi th the
approved site plans on file in the Planning and community
Development Department and the conditions contained
herein.
Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
Building elevations, materials and colors are approved
as submitted.
Applicant shall submit to the Planning and Community
Development Department a security construction plan for
review and approval by the authorized agency (agent).
Said Plan shall identify any temporary fencing, temporary
parking and circulation, project access and the like.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
PARKING AND VEHICULAR ACCESS
22.
23.
Parking lot layout shall meet the standards of the Zoning
Ordinance and the off street Parking Design Manual.
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
24.
LANDSCAPING
A detailed landscape and irrigation plan shall be
submi tted to and approved by the Community Advisory Board
prior to the issuance of building permits.
25.
The landscape plan shall meet the standards of the Zoning
Ordinance, Grading Ordinance and off street Parking
Design Manual.
TC/03/CRO4-211wp58(1/23/89-4)
26.
SIGNS
27.
All required plantings shall be in place prior to use or
occupancy of new buildings or structures. 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.
signs are approved as submitted.
APPLICANT SHALL CONTACT THE BNCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCB WITH THE FOLLOWING CONDITIONS (ITEMS 28
THROUGH 30):
FIRE
28.
29.
The applicant shall provide a 10 ft. radius cut at the
southeast corner of the landscape island nearest the
southeast corner of the structure to provide proper
emergency vehicle turning.
The building shall be sprinkered in accordance with
Encinitas Fire Department regulations.
EXISTING STRUCTURE
30.
Provide compliance with Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
APPLICANT SHALL CONTACT THB PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 31 THROUGH
34):
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(s).)
TC/03/CRO4-211wp59(1/23/89-4)
31.
32.
street improvements that include, but are not limited
to:
a. Sidewalks f. Cross gutter
x b. Driveways g. Alley gutter
c. Wheel chair ramps h. street paving
d. Curb and gutter i. Alley paving
e. street signs j. street lights
k. Pavement markers
shall be completed prior to the occupancy of the units
to the satisfaction of the Director of Public of Public
Works for the following streets:
a.
Calle Magdelena
b.
Encinitas Boulevard
All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
final occupancy, to the satisfaction of the Department
of Public Works.
DRAINAGB AND FLOOD CONTROL
33.
34.
A drainage system capable of handling and disposing of
all surface water originating wi thin the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
TC/03/CRO4-211wp510(1/23/89-4)