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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.