1992-20
RESOLUTION NO. C-92- 20
A RESOLUTION OF THE CARDIFF
COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW REQUEST
TO ALLOW REPAINTING OF THE EXISTING ROOF, BUILDING AND SITE
STRUCTURES, REHOVAL AND INSTALLATION OF NEW SIGN FACES,
REPAINT THE EXISTING FACIA WHITE WITH RED TRIM,
AND INSTALLATION OF EXPOSED NEON LIGHTING
ON THE PARAPET CAP FOR PROPERTY
LOCATED AT 1967 SAN ELIJO AVENUE
(260-351-23)
(CASE NO. 92-110 ADP)
WHEREAS, California Neon Products/Jack-in-the-Box applied for
a Design Review Permit pursuant to Chapter 23.08 of the Municipal
Code of the City of Encinitas to allow the repainting of the
existing roof, building and site structures, removal and
installation of new sign faces, repaint of the existing facia white
with red trim, and installation of exposed neon lighting on the
parapet cap; and
WHEREAS, the property is located at 1967 San Elijo Avenue,
APN: 260-351-23 and legally described as:
PARCEL A:
Lots "A" and "B" in Block 71 of Cardiff villa Tract, in the
County of San Diego, State of California, according to Map
thereof No. 1469, filed in the Office of the County Recorder
of San Diego County, August 10, 1912.
Also that portion of the westerly Half of Birmingham drive,
formerly Rossini Drive West adjoining said Lots, as closed in
public use January 16, 1938 by order of the Board of
Supervisors of San Diego County.
WHEREAS, a public hearing was conducted on application No.
92-110 ADP on December 21, 1992 by the Cardiff Community Advisory
Board, at which time all persons desiring to be heard were heard;
and,
WHEREAS, evidence was submitted and cons idered to include
without limitation:
1.
The staff report dated December 14, 1992:
2.
The adopted General Plan, Zoning Code and associated Land
Use Maps;
3.
Oral Evidence received at the hearings;
4.
written evidence submitted with the application and at
the hearings;
6.
Plans submitted by the applicant and dated received by
the City of Encinitas on October 16, 1992 consisting of
site Plan, Building Elevations, and Neon electrical
details: and
WHEREAS, the Cardiff Community Advisory Board made the
required findings pursuant to Chapter 23.08 of the Encinitas
Municipal Code:
(See attachment "A")
NOW, THEREFORE, BE IT RESOLVED THAT the application for Design
Review 92-110 ADP is hereby approved subject to the following
conditions:
A.
STANDARD CONDITIONS:
1.
This approval will expire on December 21, 1994, two years
after the approval of this project, unless the conditions
have been met or an extension has been approved by the
Director of Community Development.
5.
B.
2.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
3.
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.
4.
At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit.
In the event that any of the conditions of this permit
are not satisfied, the Community Development Department
shall cause a noticed hearing to be set before the
Community Advisory Board to determine why the City of
Encinitas should not revoke this permit.
9.
ADDITIONAL CONDITIONS:
10.
The Design Review is approved as set forth on the plans
received by the City on October 16, 1992 consisting of
site Plan, Building Elevations and Neon electrical
details which are on file in the Community Development
Department and shall not be modified without review and
approval pursuant to the Municipal Code.
The paint on the building and roof shall be continually
maintained on an as-needed basis to prevent peeling and
chipping of the paint.
11.
12.
13.
Electrical permits and sign permits for the illuminated
sign to be obtained. Plans are to include all detailed
connections.
All applicable development impact and project processing
fees are to be paid prior to building permit issuance.
Prior to finalization of the electrical permit, the
property owner shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Community Development.
Fire Department:
14.
15.
Address numbers shall be clearly visible from the street
fronting the structure. The height of the numbers shall
conform to the Fire District standards.
Prior to final development approval, the developer shall
submit to the Community Development Department 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 Fire District.
PASSED AND ADOPTED this 21st day of December, 1992, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Grossman, Hall, MacFall
None
Crimmins, Fullwood
None
Ç)~ fl- tl/I
Bruce Hall, Chairman of
the Cardiff Community Advisory
Board
~-~~
Tom Curriden, Secretary
ATTACHMENT nAn
RESOLUTION NO. C-92-20
CASE NO.:
92-110 ADP
The Cardiff Community Advisory Board made the following
building design findings pursuant to Chapter 23.08.076 of the
Encinitas Municipal Code:
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.
Facts: The project is an existing restaurant facility. The
appl icant does not propose to add onto the restaurant or
change any of the existing structural elements or materials.
Discussion: Three colors (red, black and white) are proposed
to be utilized on site which will create consistency among all
site structures.
Conclusion: The Board finds that as no additions will be
added to the existing restaurant and the colors will be
limited to three colors only, there is continuity among all
elements.
B.
The project design limits the selection of exterior materials
resulting in harmony and continuity of the exterior
elevations.
Facts: The proj ect is an existing restaurant that is
proposing lighting at the parapet and repainting of the
building and roof. No addition or revisions to the existing
materials are proposed.
Discussion: The applicant is not proposing to structurally
revise any of the existing materials on the site with the
exception of the neon lighting at the parapet of the roof
structure. The applicant is proposing to utilize only three
colors on the site when painting the main restaurant structure
and all the additional site structures on the property. These
colors are red, white and black.
Conclusion: The Board finds that the project is in
substantial conformance with the Design Review Guidelines of
Chapter 23.08 of the Municipal Code as it does limit the
selection of exterior materials and colors on the property
which results in harmony and continuity of the exterior
elevations.
c.
The project design minimizes roof penetrations by grouping
vent ducts and mechanical equipment together and/or adequately
conceals these features from the public and private view.
Facts: The project is an existing restaurant, and no
addi tions other than installation of neon tubing at the
parapet roof are proposed.
Conclusion: The Board finds that the restaurant is an
existing structure and adequately conceals roof penetrations
from view.
D.
The various buildings and building elements are in proportion
with one another.
Facts: The
structures.
building
is
existing
as
are
all
the
site
Discussion: At the time the building and site structures were
built, all elements were considered to be in proportion to one
another. No new site structures or building elements other
than the neon tubing are proposed.
Conclusion: The Board finds that the various site structures
and building elements are in proportion with one another as no
modifications other than painting and neon tubing are
proposed.
E.
The project is harmonious with and is functionally compatible
with the adjacent property in one or more of the following
aspects:
1.
2.
3.
4.
5.
Color scheme;
Location of structures on the site:
Architectural features or ornaments:
Type and quality of exterior materials; and
Location and use of open space.
Facts: The building is proposed to be painted white with a
black roof and red detail stripes around the fascia. These
colors will be utilized throughout the property.
Discussion: The property is situated in a commercial area,
wi th a commercial center across Birmingham to the south,
eating and drinking establishments to the north, and an office
complex to the east. To the West is San Elijo Ave. and the
railroad right-of-way. The colors of the building, while not
the same as those of nearby structures, are compatible with
them. The neon band along the upper edge of the roof is
consistent with building coloration and should not result in
excessive contrast or be incompatible with the other
commercial development in the area. No structural aspects of
the building are proposed to be modified through this
application.
Conclusion: The Board finds that the proposed paint and neon
tubing are harmonious with and functionally compatible with
adjacent properties.
F.
The project would not adversely affect the quality of lighting
and noise environment on adjacent properties.
Facts: The project is an existing restaurant and the noise
level is not proposed to change. The proposed lighting is to
be placed under the existing soffet and be directed down
toward the ground. The neon tubing is a single tube located
at the parapet of the building which is set back from the
street.
Conclusion: The Board finds that the proposed project would
not adversely affect the quality of lighting and noise
environment on adjacent properties.
G.
The project design is not substantially out of scale with the
predominant scale of structures in the adjacent neighborhood.
Facts: The project is an existing restaurant with existing
site structures. No additions to the structure is proposed.
Conclusion: The Board finds that as no additions are
proposed, the project design will remain the same which is not
out of scale with the structures in the adjacent
neighborhood.