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2007-045City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2007-45 August 9, 2007 This letter is to inform you that the Planning and Building Director has approved your application for: 07-055 ADR/CDP (Boston's- The Gourmet Pizza) - A request for Administrative Design Review Permit and. Coastal Development Permit for the demolition of the existing fagade of the prior tenant and the construction of new exterior fagade improvements consisting of decorative parapets, stucco, and new paint colors. The subject property is located at 294 N. El Camino Real in the General Commercial (GC) zone and the Coastal Zone (APN 259-121-20). Project Description and Discussion: A request for a Administrative Design Review Permit and Coastal Development Permit is being processed in accordance with Chapter 23.08 (Design Review), 30.20 Commercial Zones, 30.80 Coastal Development Permit and the Design Review Guidelines of the Encinitas Municipal Code. An application for a Design Review Permit may be approved unless findings of fact are concluded with regard to the project's inconsistency with the General Plan, Municipal Code provisions, Design Review Guidelines, and a consideration of the project's effect on the health, safety, and welfare of the general community and appearance and value of the surrounding neighborhood. The subject site (formerly a Red Robin Restaurant) currently exists within a commercial center known as the Camino Village Plaza which fronts onto N. El Camino Real and Via Montoro. The building is 7,230 square-feet. The square footage will not change with this proposal; only interior changes to the existing layout and exterior changes to the building's physical appearance are proposed. The existing building's design consists of off-white stucco, with red and purple trim along the roof parapets. The roof design currently is flat with various parapets. There are some existing awnings and metal roofs near the existing patio area on the east side of the building. The existing outdoor patio has a glassed-in enclosure covering a large portion of the outdoor dining area. The current proposal consists of masking the existing building fagade and removing portions of the existing decorative parapets and metal roofing. The existing building will be stuccoed a "Colonial Revival Tan" for the majority of the lower portion of all four (4) elevations. "Traditional Tan" stucco will be used as a meandering stripe, trim and accent color along with "Farmer's Almanac" on all four (4) sides of the building. "Light Navajo" will be utilized on the top parapet, the front entry and pop-outs on the east elevation. "Spiced Rum" a sort of rust tone, will be utilized on the front entry and as an accent color on the east and south elevations. A PBD\TGMG:\NOD\07-055adredp.nod.doc - 1 - "Wisconsin Blend" Stone Veneer, is proposed at the entry and on the lower portions of the south and east elevations. The building utilizes earth tones and architectural relief to accent the proposed color palette. The building form has been designed to create visual interest by varying levels and planes of the roof treatment to minimize the appearance of bulk and mass as encouraged in Section 5 (Architecture and Sign Guidelines) of the Design Guidelines. The structure has been designed to utilize the existing height and envelope of the previous approved building. The existing patio enclosure will be removed and replaced with a wood patio trellis. The area for outdoor seating will remain the same. All future signs will be applied by separate building permit consistent with the existing sign program in place for the Camino Village Plaza. All proposed modifications will be in conformance with Chapter 23.08 Design Review of the Municipal Code and the adopted Design Review Guidelines. The applicant notified all property owners and occupants within a 500 foot radius of the project site via a newsletter. The newsletter was sent in accordance with Chapter 23.06 of the Municipal Code. The only question raised was whether Boston's-The Gourmet Pizza would have live music being played on the outdoor patio. The inquirer was informed that no live music would be played on the outdoor patio. A standard public notification was issued for the Administrative Design Review Permit and Coastal Development Permit, which allowed for a 20-day comment period. The Planning and Building Department has not received any written public comments for the proposed project during the processing/review and 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 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: A request for a Design Review Permit is being processed in accordance with Chapter 23.08 (Design Review), 30.20 Commercial Zones, 30.80 Coastal Development Permit and the Design Review Guidelines of the Municipal Code. An application for a Design Review Permit may be approved unless findings of fact are concluded with regard to the project's inconsistency with the General Plan, Municipal Code provisions, Design Review Guidelines, and a consideration of the project's effect on the health, safety, and welfare of the general community and appearance and value of the surrounding neighborhood. PBD\TGMG:\NOD\07-055adredp.nod.doc -2- Discussion: The request is consistent with the terms outlined within the General Plan and the provisions of the Municipal Code. All aspects of the proposed project meet the applicable codes. The project significantly enhances the site. 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 and the Design Review Guidelines. Discussion: The current proposal consists of masking the existing building fagade with an earth toned color palette on all four (4) sides of the building. The building form has been designed to create visual interest by varying levels and planes of the roof treatment to minimize the appearance of bulk and mass as encouraged in Section 5 (Architecture and Sign Guidelines) of the Design Guidelines. The variety in complementary exterior materials brings depth to the building's design. All proposed parapets and cornice are in conformance with the height standards outlined in Chapter 30.20 Commercial Zones of the Encinitas Municipal Code. The Planning and Building Department finds that the project design is considerate of the constraints and opportunities of the site. Conclusion: The project as proposed is 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 significant adverse environmental impacts and is exempt from environmental review pursuant to Section 15301(a) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(a) exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 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 Design Review and Coastal Development Permit 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. PBD\TGMG:\NOD\07-055adredp.nod.doc -3- d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The surrounding neighborhood consists of commercial uses to the north, south and east. Single-family residential dwellings lie to the west. Discussion: The project will be compatible with the current use of the site, the existing structures, and the surrounding neighborhood. The project will utilize an existing building, upgrading both the exterior and interior with enhancements. The proposed use will operate consistently with the use that was previously there. No evidence has been submitted or discovered that would suggest that the proposed facility would have a detrimental effect on the appearance or value of the site or surrounding neighborhood. Conclusion: The Planning and Building Department finds that the project as proposed and conditioned will not materially depreciate the appearance or value of the surrounding neighborhood. PBD\TGMG:\NOD\07-055adredp.nod.doc -4- 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 subject application is a request for Administrative Design Review and Coastal Development Permit for the demolition of the existing fagade of a detached commercial building within the Camino Village Plaza and the construction of new exterior fagade improvements. The improvements consist of decorative parapets, stucco, and new paint. No additional floor area is being added to the existing commercial center. Discussion: Related to finding No. 1, the proposed fagade improvements comply with or are conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, the project is exempt from environmental review pursuant to Section 15301(a) 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. Conclusion: The Planning and Building Department finds that 1) the proposed fagade improvements, monument signs and sign program 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 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: This project has no significant adverse environmental impacts and is exempt from environmental review pursuant to Section 15301(a) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(a) exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private PBD\TGMG:\NOD\07-055adredp.nod.doc -5- structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on August 8, 2009 at 5:00 pm, 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 July 11, 2007, consisting of 13 sheets including [Cover Sheet (T0.1), Plaza Plan (A0.1), Existing Site Plan (A0.2), Proposed Site Plan (A0.3), Existing Floor Plan (A1.0), Proposed Floor Plan (Al.l), Proposed Roof Plan (A2.0), Existing Exterior Elevations (A3.0, A3.1), and Proposed Exterior Elevations (A4.0 through A4.3); Materials Board stamped received on April 24, 2007; Colored Elevations stamped received on July 11, 2007 consisting of four (4) sheets (A4.0 through A4.3), all designated as approved by the Planning and Building Director on August 8, 2007, and shall not be altered without express authorization by the Planning and Building Department. SCA Minimum aisle width of 44 inches shall be maintained within the restaurant at all times in accordance with UBC and LTC regulations. SCB All future signage shall be permitted through a separate building permit, consistent with the approved Comprehensive Sign Program (Case No. 91-204; DCD 91-036 and Case No. 01-134 SIGN; DCD 2001-55) in place for the Camino Village Plaza and Chapter 30.60 of the Encinitas Municipal Code. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. G4 Prior to building permit issuance/initiating use in reliance on this permit, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth PBD\TGMG:\NOD\07-055adredp.nod.doc -6- the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions.of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. 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. G6 Permits from other agencies will be required as follows: County Health Department/State Alcoholic Beverage Control G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view-obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to building permit issuance. Gll All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Planning and Building Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning and Building Department. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire PBD\TGMG:\NOD\07-055adredp.nod.doc -7- Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. G20 Decorative use of neon tubing or banding, such as tubing around windows or doors or banding around the building exterior, shall not be allowed unless approved through subsequent design review permit modification(s). Temporary window signs are limited to 25% of window area in accordance with Section 30.60.060 N of the Municipal Code. G21 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60. 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. BI BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2 The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi-residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. PBD\TGMG:\NOD\07-055adredp.nod.doc -8- Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Access roads shall be designed and maintained to support the imposed loads of fire apparatus. Minimum design load is 65,000 lbs. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed. F6 GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. All automatic gates across fire access roadways shall be equipped with approved emergency key operated switches overriding all command functions and opening the gate(s). Gates accessing four (4) or more residences or residential lots, or gates accessing hazardous, institutional, educational, or assembly occupancy group structures shall also be equipped with approved emergency traffic control activating strobe light sensor(s) which will activate the gate on the approach of emergency apparatus. All automatic gates must meet Fire Department requirements for rapid, reliable access. F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire Department access roadways, when required,. shall be properly identified as per Fire Department standards. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and shall be maintained clear, including the parking of vehicles, in accordance with the Uniform Fire Code and the Encinitas Fire Department. Fl l FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Commercial fire hydrants shall have two (2) 4" outlets and one (1) 2 outlet. Residential fire hydrants shall have one (1) 4" outlet and one (1) 2 outlet. A two-sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant(s) for approaching fire apparatus. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for PBD\TGMG:\NOD\07-055adredp.nod.doc -9- single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the satisfaction of the Encinitas Fire Department. This notice constitutes a decision of the Planning and Building Department only. Additional permits, including Building Permits, may be required by the Building Department 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 fifteen (15) calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate 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 Department in reference to the above item may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Todd Mierau at the Planning and Build*g Department by telephoning (760) 633-2693. atrick Murphy Planning and Building Director PBD\TGMG:\NOD\07-055adredp.nod.doc _10-