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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)