1989-25
RESOLUTION NO. OE 89-25
A RESOLUTION OF THE
CITY OF ENCINITAS, APPROVING MINOR USE AND DESIGN
REVIEW PERMITS TO ALLOW EXTERIOR MODIFICATIONS,
SITE IMPROVEMENTS, AND OUTDOOR SEATING
FOR AN EXISTING EATING/DRINKING ESTABLISHMENT
LOCATED AT 608 FIRST STREET
(CASE NUMBER 88-348 MIN/DR)
WHEREAS, a request for consideration of a Minor Use Permit and
Design Review Permit was filed by Mrs. Field's Cookies to allow
exterior modifications, site improvements and outdoor seating for
an existing eating/drinking establishment as per Chapters 23.08 and
30.74 of the City of Encinitas Municipal/Zoning Codes, for the
property located at 608 First Street, legally described as;
Lots 1 and 2 in Block 6 of ENCINITAS, in the City of
Encinitas, County of San Diego, State of California,
according to Map thereof No. 148, filed in the Office of
the County Recorder of San Diego County, June 12, 1883.
EXCEPTING FROM said Lots the Easterly 20 feet thereof as
conveyed to the state of California by Deed dated April
10, 1937 and recorded in Book 646, Page 300, Official
Records.
WHEREAS, a public hearing was conducted on the application on
October 26, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated October 11, 1989;
2.
The application and plans 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 30.74 of the
Encinitas Municipal Code.
TC/02/CR06-378wp5 (12-1-89-4)
~
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Minor Use Permit and
Design Review application 88-348 MINjDR 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,
section 15301 of CEQA¡
PASSED AND ADOPTED this 26th day of October, 1989, by the
following vote, to wit:
AYES:
Birnbaum, Kauflin, Rotsheck, Steyaert, Tobias
NAYS:
None
ABSENT:
None
ABSTAIN:
None
j)~4 :{. ~ .
pe~er Tobias, Chairman of the
Old Encinitas Community Advisory
Board
ATTEST:
/~/ ~ / .// </7
'~-'- (~~
Tom Curriden
Associate Planner
TCj02jCR06-378wp5 (12-1-89-4)
ATTACHMENT "A"
RESOLUTION NO. OE89-25
(A)
Findings:
Minor Use Permit Requirements:
City Code (30.74.070) requires that an application for
a Use Permit shall be approved unless findings are made
which support one or more of the following conclusions:
(1)
The location, size, design or operating
characteristics of the proposed project will be
incompatible with or will adversely affect or will
be materially detrimental to adjacent uses,
residences, buildings, structures or natural
resources, with consideration gi ven to, but not
limited to:
(a)
The inadequacy of public facilities, services
and utilities to serve the proposed project;
(b)
The unsuitability of the site for the type and
intensity of use or development which is
proposed; and
(c)
The harmful effect, if any, upon environmental
quality and natural resources of the City; or
Evidence: As was noted earlier, the Minor Use Permit is
required because of the outdoor dining area, which was
originally built without benefit of permits but which now
the applicants wish to retain. staff has identified no
reasons why the outdoor seating would be incompatible
with or adversely affect neighboring uses, particularly
given the pedestrian orientation of First street corridor
downtown and the desirable interaction with streetscape
that such a use creates.
The question relating to this finding, however, is
whether the outdoor dining area creates an unmet need for
parking beyond that the project was originally designed
for. The project was designed providing 11 parking
spaces for the 1,180 sq. ft. buildings, slightly over the
1 space per 100 sq. ft. parking standard now contained
in the Zoning Ordinance.
It is the opinion of staff that the outdoor dining area
will not create a need for parking beyond the 11 spaces
presently on site. The present eat-in seating area is
TC/02/CR06-378wp5 (12-1-89-4)
limited to a small area of less than 200 sq. ft. in the
westerly building. Even with the addition of roughly 300
sq. ft. with the outdoor seating area, the total area
available to patrons for dining in is only about 40% of
the total floor area. The majority of floor area is
devoted to servicing the drive-through operations.
All public services and improvements are in place serving
the project and there are no potential adverse
environmental impacts.
(2)
The impacts of the proposed project will adversely
affect the policies of the Encinitas General Plan
or the provisions of this Code; or
(3)
The project fails to comply with any other
regulations, conditions or policies imposed by this
Code.
Evidence: Staff has identified no policies or provisions
of the General Plan or regulations of the Municipal Code
with which this proposal would be inconsistent.
Findings for Design Review: In order to warrant
approval, the proposal must be found to be in substantial
compliance with the City's adopted design criteria. What
follows is a brief discussion of the projects as it
relates to the Design Review Guidelines, broken down by
section:
1.
2.
site Design - The proposal is designed to improve
the existing project without making any substantial
alterations to it, i.e. retaining the disadvantages
of the original design. The proposal will improve
views to the site, creating an elevation along First
Street of much more visual interest. However,
pedestrian and vehicular movement will remain
unseparated.
Building Design - The original proj ect was pre-
designed and "forced" onto the site, resulting in
undesirable circulation pattern and a standard,
corporate appearance. Lessening reliance on the
deep red corporate trim color helps to reduce the
standardized corporate appearance. Incorporation
of the raised landscaped planters and addition of
the blue/green mullion-type windows will definitely
enhance the visual interest of the buildings. Roof
design remains unchanged.
TC/02/CR06-378wp5 (12-1-89-4)
4.
3.
Landscape Design - The additional landscaping and
planter boxes will help buffer the east wall of the
structure from the public right-of-way and soften
the appearance of the large, blank wall of the
building adjacent to the site along its south
boundary. Addition of the 3 specimen size Coral
Trees will serve to soften the mass of both
buildings as well as provide shading for the outdoor
dining area.
Sign Design - The sign envelopes shown on the
elevations indicate that all signs will be in scale
with the buildings. Sign construction will assure
weather resistance and durability. Subject to the
attached conditions of approval, the signs will
relate well to the buildings with the project and
to the neighborhood in terms of size, color,
texture, materials, and lighting intensity, creating
a visually compatible appearance pursuant to Section
23.08.078 of the Encinitas Municipal Code.
TC/02/CR06-378wp5 (12-1-89-4)
Applicant:
Case No:
Subject:
Location:
I.
STANDARD CONDITIONS
STANDARD NO. OE89-25
ATTACHMENT "B"
Mrs. Field's Cookies
88-348 MIN/DR
Minor Use Permit and Design Review for Design
Modifications and Outdoor Seating for Eating
and Drinking Establishment
608 First street
SPECIFIC CONDITIONS
A.
B.
C.
D.
E.
The applicant shall install concrete gutter along 1st
street where required to the satisfaction of the Public
Works Department prior to final approval.
The applicant shall make concrete repairs as necessary
on the existing sidewalk and driveway to the satisfaction
of the Public Works Department prior to final approval.
The applicant may retain existing signing for a period
not to exceed 2 years. No later than that 2 year period,
the applicant shall replace signing with new project
signs reviewed and approved by the CAB November 30,1989,
specifically signs 2, 3, 4, 5, 6, 8, and 9 of the
approved sign scheduled dated November 20,1989 or obtain
Community Advisory Board approval of alternate signing.
The applicant shall install 3 Jacaranda street Trees of
a minimum 24 inch box size within the planter areas along
First street, subject to a street Tree permit from the
City's Public Works Department. If a standard street
tree is identified by the City within a period of two
years, those trees shall be replaced with said trees.
One Malaleuca street tree of a minimum 24 inch box size
in the planter fronting "E" street, subject to a street
Tree permit from the Public Works Department.
Prior to permit issuance, the applicant shall remove the
most westerly freestanding menu screen.
CASE NUMBER: 89-
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II.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
This approval will expire in two years, on October 26,
1991, at 5:00 p.m. 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 calendar days from the date of this approval.
C.
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.
D.
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 set before
the authorized agency to determine why the City of
Encinitas should not revoke this permit.
E.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit.
F.
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.
G.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit. Any expansion in
indoor or outdoor seating area shall require an amendment
to this permit.
H.
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 unless specifically waived here.
I.
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
CASE NUMBER: 89-
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TCj02jCR06-378wp5 (12-1-89-4)
at the time of building
specifically waived here.
permit
issuance
unless
J.
Permits from other agencies will be required as follows:
Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
3.
SITE DEVELOPMENT
A.
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 Planning and Community
Development.
A.
LANDSCAPING
All required plantings shall be in place prior to use or
occupancy. 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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
FIRE
A.
Prior to final recordation, the applicant shall submit
a letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
CASE NUMBER: 89-
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6.
STREETS AND SIDEWALKS
A.
street improvements that include, but are not limited to:
a. Sidewalks
X b. Driveways
c. Wheel chair ramps
X d. Gutter
e. street signs
f. Cross gutter
g. Alley gutter
h. Streetpaving
i. Alley paving
j. street lights
k. Pavement
markers
shall be completed prior to the occupancy of the units
to the satisfaction of the Director of Public Works.
B.
Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall
be obtained from the Department of Public Works and
appropriate fees paid, in addition to any other permits
required.
c.
street improvements and maintenance shall be made in
accordance with City Ordinance standards for:
a.
Urban streets
D.
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right
of way improvements.
CASE NUMBER: 89-
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