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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 KK/PBD/g:\Nod\04-249adredp.nod.doc - 1 - 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. KK/PBD/g:\Nod\04-249adredp.nod.doc -2- 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. KK/PBD/g:\Nod\04-249adredp.nod.doc -3- 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. KK/PBD/g:\Nod\04-249adredp.nod.doc -4- 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 KK/PBD/g:\Nod\04-249adredp.nod.doc -5-