2005-023City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2005-23
March 16, 2005
This letter is to inform you that the Planning and Building Director has approved your application
for:
04-249 ADR/CDP (Lyn Davis, Graphic Solutions) - A request for a Design Review and
Coastal Development Permit to allow for proposed paint color changes to the existing Vons
commercial center. No construction is proposed. The property is located at 256 to 274
North El Camino Real in the GC (General Commercial) Zone. (APN 259-121-21)
Project Description and Discussion: The applicant requests approval to allow changes to the
paint colors on the existing commercial center. No construction is associated with the
application request. The applicant proposes to upgrade the existing beige colors with warmer,
natural colors. A color board and colored elevations are on file that depict all proposed colors
and proposed color locations. The existing concrete tile roof will remain unchanged.
Staff conducted a site analysis and concluded that the proposed project would not create any
significant impacts to the site or surrounding community. The commercial center will benefit
aesthetically from the proposed fagade modifications.
The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code. Two (2) tenants of the commercial center and one (1) nearby resident attended
the CPP meeting held on December 18, 2004. All noted support for the proposed change, but
one tenant expressed concern that the project, and especially any noise created, may disrupt her
business if the work were conducted during business hours. The project owner indicated that the
project would be completed before opening hours of the businesses and that tenants would be
notified of when work would occur near their business.
A standard public notification was issued for the Design Review application, which allowed for a
20-day comment period. Staff received no comments prior to the close of the comment period.
This approval is based on the following findings:
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application
for a design review permit must be granted unless, based upon the information presented in
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the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of
the Municipal Code.
Facts: The existing commercial center is a permitted use in the subject GC Zone. The
project is not located within any Specific Plan area.
Discussion: The project as proposed and conditioned meets all applicable standards of the
Municipal Code.
Conclusion: The Planning and Building Department finds that the project design as
proposed and conditioned is consistent with the General Plan and the provisions of the
Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: Requests for Design Review are processed in accordance with Chapter 23.08 (Design
Review) of the Municipal Code.
Discussion: The proposed color scheme incorporates colors that relate well with each other.
The new color scheme helps to create harmony and continuity among architectural elements
and elevations.
Conclusion: The Planning and Building Department finds that the project design is
substantially consistent with the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The project complies with all applicable standards outlined in the Municipal Code.
This project has no possibility of resulting in significant adverse environmental impacts
and is categorically exempt from environmental review pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) Guidelines.
Discussion: No evidence has been received by the City to indicate that the proposed project
would adversely affect the health, safety, or general welfare of the site, the immediate
neighborhood, or the greater community. The proposed project will conform to all
applicable provisions of the Municipal Code and General Plan.
Conclusion: The Planning and Building Department finds that the project design will not
adversely affect the health, safety, or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
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Facts: The surrounding neighborhood consists of commercial properties to the east, north,
and south and single-family residences to the west.
Discussion: The project is compatible with the neighboring commercial developments, and
will greatly improve the appearance of the subject site. Existing residences to the west are
separated from the existing use by a retaining wall and landscaped slope and will not be
impacted by the proposed project.
Conclusion: The Planning and Building Department finds that the proposed project will not
cause the surrounding neighborhood to depreciate materially in appearance or value.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The applicant requests approval to allow changes to the paint colors on the
existing commercial center. No construction is associated with the application request.
The applicant proposes to upgrade the existing beige colors with warmer, natural colors.
A color board and colored elevations are on file that depict all proposed colors and
proposed color locations. The existing concrete tile roof will remain unchanged.
Discussion: Related to finding No. 1, with the approval of the Design Review request, the
project complies with or is conditioned to comply with the City's Local Coastal Program
and the Municipal Code. Related to finding No. 2, no potentially significant adverse
impacts to the environment are associated with the proposed project, and the project is
categorically exempt from environmental review pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is inapplicable
since the project is not located between the sea or other body of water and the nearest public
road.
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Conclusion: The Planning and Building Director finds that 1) the project is consistent with
the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant
adverse impacts to the environment will result and the project is categorically exempt from
environmental review pursuant to Section 15301 of the California Environmental Quality
Act (CEQA) Guidelines; and 3) finding No. 3 is not applicable to the project since the
project site is not located between the sea or other body of water and the nearest public road.
Environmental Review: The project has been determined to be exempt from environmental review
pursuant to Section 15301 of the CEQA Guidelines, which exempts minor alteration to existing
structures involving negligible or no expansion of the existing use.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, March 16, 2007, at 5:00 p.m., or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on February 14, 2004, consisting of nine (9) sheets including
Paint Plan, Color Schedule, Site Plan, and six sheets of Elevations, all designated as
approved by the Planning and Building Director on March 16, 2005, and shall not be altered
without express authorization by the Planning and Building Department.
SCA As agreed to by the applicant, the colors on the six (6) arches for the east elevation of
Building "D" shall be, in order from south to north, colors P3, P3, P2, P5, P5, and P2.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
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DRl Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may, require
submittal of an amendment to the design review permit and approval by the authorized
agency.
This notice constitutes a decision of the Planning & Building Department only. Additional permits,
including Building Permits, may be required by the Building Division or other City Departments. It
is the property owner's responsibility to obtain all necessary permits required for the type of project
proposed.
In accordance with the provisions of Municipal Code Section 1. 12, this decision may be appealed to
the City Council within 15 calendar days of the date of this determination. The appeal must be
filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 15th calendar day
following the date of this notice of decision. The action of the Planning and Building Director may
not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Kerry Kusiak at the Planning
and Building Department by telephoning (760) 633-2719.
Patrick Murphy
Planning & Building Director
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