1999-026CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-99-26
April 1, 1999
This letter is to inform you that the Director of Community Development has denied your
application for the following Discretionary Permit for property located in the City of Encinitas-
99-23 ADR-MOD/CDP (Shell Oil) - Administrative Design Review Permit Modification and
Coastal Development Permit to install a fluorescent light well on the perimeter of the existing
canopy fascia for external illumination of a 6" yellow metal accent band. The property is located at
865 Orpheus Avenue in the VSC zone (APN: 256-121-29 & 34).
Project Description and Discussion: The applicant has submitted a permit modification request
to a previously approved Administrative Design Review permit (98-259 ADR/CDP). The approval
of Case 98-259 ADR/CDP was to allow for exterior modifications to convert an existing Shell gas
station to a "Mini Silverado" architectural style. A specific condition of approval was attached that
stated:
SCA All yellow accent bands depicted on the submitted plans shall not be lighted by any means.
(Either from an external or internal source).
Planning Staff found that the existing service station has ample site illumination and ample site
signage. The Orpheus Shell has an existing, legal non-conforming pole sign (freeway sign)
near the east property line. Additionally, this service station will have a monument sign facing the
intersection of Orpheus Avenue and Leucadia Boulevard. Most service stations, as does this one,
have lights installed on the underside of the canopy that illuminates the pump islands, under-
canopy area, and kiosk. Staff has found that illuminated accent bands tend to serve as additional
sign area to attract attention.
This parcel is located within the Scenic/Visual Corridor Overlay Zone as depicted on the Visual
Resource Sensitivity Map of the Resource Management Element of the General Plan. Pursuant to
Section 30.34.080(B) of the Encinitas Municipal Code, consideration is to be given to the overall
visual impacts of a proposed project and conditions or limitations on project architectural design
and visual factors may be applied to design review approvals.
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Staff conducted site/field analyses and has concluded that the service station monument signage,
building signage, existing freeway/pole sign and corporate pectins on the elevations of the canopy
provide ample visual advertisement.
This denial is based upon the following findings pursuant to Section 23.08 (Design Review) of the
City of Encinitas Municipal Code:
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 staff analysis, the authorized agency makes any of
the following regulatory conclusions:
Regarding regulatory conclusions, generally, Section 23.08.072 of the Municipal Code specifies
that:
A. The project design is inconsistent with the General Plan, a Specific Plan or the
provisions of the Municipal Code.
B. The project design is substantially inconsistent with the Design Review Guidelines.
Conclusion: In regards to regulatory conclusion A., the Community Development Department
finds that the proposed project is inconsistent with the General Plan and Municipal Code given that
the project will allow for excessive site lighting within the Scenic/Visual Corridor Overlay Zone as
indicated on the Visual Resource Sensitivity Map of the Resource Management Element of the
General Plan. Regarding regulatory conclusions B and D., the Community Development
Department finds that the proposal is inconsistent with the Design Review Guidelines in reference
to the following Municipal Code Sections:
23.08.076(B) - The project design does not limit the selection of exterior materials resulting in
disharmony and discontinuity of exterior elevations. The Mini-Silverado design scheme has
enough yellow accenting and trim without the need for further illumination. Illumination of the
yellow trim will create disharmony by virtue of dominating the appearance of the elevation.
23.08.076(F)- The project would adversely affect the quality of lighting on adjacent properties.
The proposal to illuminate the yellow accent band on the canopy fascia is excessive for the site.
On-site lighting at the service station is sufficient without the illumination of the accent bands.
Because the property lies within the Scenic/Visual Corridor Overlay Zone, lighting should be
minimized within reason. The station proximity to residential properties should also be taken
into consideration. Excessive site lighting would have a negative impact on surrounding
residential uses. The bright yellow band will be visible from nearby properties, thus adversely
affecting them.
23.08.078(D)- The project signing does not show subtlety, is obtrusive or does not convey the
message legibly and clearly. Illumination of the canopy accent bands is not subtle, acts as
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additional sign area, and overwhelms the site. Existing and previously approved signage on site,
which includes a future monument sign, wall signs on the service building, price signs, and
approved signs (pectins) on the canopy adequately address advertisement for the service station.
D. The project would cause the surrounding neighborhood to depreciate materially in appearance
value.
With regards to Section 23.08.072 (D) the high visibility of the bright yellow band will be visible to
surrounding residential development, and thus will serve to cause material depreciation to their
appearance and value.
In accordance with the provisions of Municipal Code Chapter 1. 12, this decision may be appealed
to the City Council within fifteen (15) calendar days of the date of this determination. This notice
constitutes a decision of the Community Development Department only.
If you have any questions regarding this determination, please contact Bill Weedman or
Christopher Miller at the Community Development Department by telephoning (760) 633-2722.
vSandra Holder
Community Development Director
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