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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- Page _of TC/04/CR06-378wp5 (12-5-89-5) 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- Page _of 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- Page _of TC/02/CRO6-378wp5 (12-1-89-4) 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- Page _of TCjO2jCR06-378wp5 (12-1-89-4)