2009-29
City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2009-29
August 13, 2009
This letter is to inform you that the Planning and Building Director has approved your
application for:
06-247 ADRICDP (Regakis, Anthony and Despina) - A request for Administrative Design
Review and Coastal Development Permit to convert an existing drive-through bay of an existing
restaurant (Angelo's Restaurant) into storage area and useable restaurant area. A total of 350 square
feet of new area is being added with this application. Minor exterior changes are proposed,
including fagade changes, window changes, doors, signage and color schedule. The subject
property is located at 608 S. Coast Highway 101 in the Downtown Encinitas Specific Plan,
Downtown Commercial Mixed 1(D-CM-1) zone and the Coastal Zone (APN: 258-162-14).
Project Description and Discussion: A request for an Administrative Design Review Permit and
Coastal Development Permit is being processed in accordance with the Downtown Encinitas
Specific Plan and Chapter 30.80 (Coastal Development Permit) of the Municipal Code. Sections
3.2.3.A (Commercial Mixed - First Street D-CM-1) and 4.5.2 (General Commercial
Recommendations for Compatibility and Context) of the Downtown Encinitas Specific Plan apply
to this project. 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 application requests to convert an existing drive-through bay of the existing Angelo's
Restaurant to storage space and useable restaurant area. The existing restaurant is comprised of
2,138 square feet, including a kitchen area (595 square feet), ordering area (184 square feet), dining
area (275 square feet), Dining Patio 1(258 square feet), Dining Patio 2(399 square feet), storage
areas (208 square feet) and bathroom area (219 square feet). Currently, the existing Dining Patio 1
and Dining Patio 2 shown on the demolition plan (of the project plans dated received May 11, 2009)
are separated by an existing internal drive-through. The goal of the property owner was to eliminate
this area as a drive-through separating two (2) dining areas and combine them into one (1)
functional dining area as shown on the proposed floor plan. The proposed indoor patio area will
total 1,273 square feet of new and existing dining area. This includes adding 475 square feet of new
dining area, 106 square feet of starage area and removing 231 square feet of existing restaurant area.
The total net gain to the project is 350 square feet.
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The parking for the proposed project consists of off-street and on-street parking. A parking lot
exists with nine (9) spaces on the subject property. Two (2) new parking spaces are proposed
adj acent to the south entrance near the drive-through. One (1) new parking space is shown on-street
along on E Street where the existing driveway approach will be removed and replaced with
sidewalk, curb and gutter to match the existing. Under the provisions of Section 3.3.30a of the
Downtown Encinitas Specific Plan, a proportional share of the on-street parking shall be counted
toward the required number of parking spaces for non-residential uses for a development site
within the subject zone. For each block face on which the development has street frontage, the
total number of on-street parking spaces shall be calculated based on a proportional share of
street frontage on that block. Additionally, under Section 3.3.3.0b of the Downtown Encinitas
Specific Plan, the total number of existing parking spaces on the development site before the new
development, plus additional spaces as required by the ratios (one (1) space per 100 square feet
for restaurant) for the proposed addition or increase in floor area. The project would provide
17.75 spaces with the on-street parking credit allocated to the project from both frontages. In
accordance with the provisions of the Off-Street Parking Design Manual, all parking spaces (except
handicapped spaces) shall be delineated by double-line striping consisting of four (4)-inch wide
painted white lines one (1) to two (2) feet apart prior to final approval of the project's building
permit (see Standard Condition G17). The landscape exists in its mature condition and only minor
modifications are proposed. The landscape area provides 11.2% coverage over the existing project,
which includes 778 square feet of landscape area and 121 square feet of enhanced pavement.
The project proposes to have the exterior plaster painted white with a trim color of red consistent
with the original color scheme. Yellow will be utilized on the signage. All existing signage has
been conditioned (Specific Condition SCD contained herein) to be brought up to compliance
with Chapter 30.60 (Signs) of the Municipal Code. Any signs proposed for this development shall
be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60 (Signs) as
conditioned herein by Condition S 1. White and red accent tile wainscoting will be utilized on
some of the accent elements on all four (4) sides of the building. Concrete Spanish tile roofing to
match the existing is proposed on portions of existing roof elements that may need repair with this
proposed construction. A decorative metal wrought iron element is proposed on the perimeter of
the roof around the north portion of the restaurant which will be painted white to match the
building. Concrete columns are shown around the north and northwest elevations. The
Downtown Encinitas Specific Plan Design Recommendations (Section 4.5.2, General Commercial
Recommendations for Compatibility and Context) provide general design principles which are
applicable to downtown retail, service and office uses. Design elements which are most desirable
under this section and proposed by this project, include significant wall articulation of the building
at the pedestrian floor level (including pop-outs, columns, canopies and trellises), using natural
materials (including stucco and ceramic tile), parking using alley access at the rear of the building,
and the reuse and remodeling of buildings to maintain original historic dimensions and proportions
in the Downtown area to name a few. The project has demonstrated compliance with this Section
of the Downtown Encinitas Specific Plan.
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter
23.06 of the Municipal Code. A public meeting was held on January 30, 2007. As noted in the
Final Citizen Participation Report of the CPP, no one attended the meeting. A standard public
notification was issued for the Administrative Design Review and Coastal Development Permit,
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which allowed for a 20-day comment period. The Planning and Building Department received
one (1) phone call inquiring about the project. No concerns were raised.
Coastal Development Permit: The proposed project is located within the Coastal Zone of the
City of Encinitas and requires approval of a regular Coastal Development Permit. Adherence to
the development standards within the Encinitas Municipal Code, the Downtown Encinitas
Specific Plan and the goals and policies of the Encinitas General Plan will insure the project is
consistent with the City's adopted Local Coastal Program. The project does not lie between the
sea or other body of water and the first public improved road, such that no coastal access issues
are present. Additionally, the project is not within the Coastal Appeal jurisdiction.
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: The subject application was reviewed for conformance with the General Plan,
Local Coastal Program, Chapters 23.08 (Design Review), Downtown Encinitas Specific
Plan and 30.80 (Coastal Development Permit) 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 affect on the health, safety, and
welfare of the general community and appearance and value of the surrounding
neighborhood.
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 outlined in the Downtown Encinitas Specific Plan.
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: The applicable design criteria for commercial development in the Downtown
Encinitas Specific Plan area are contained in Chapter 4.5.2.
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Discussion: Chapter 4.5.2 of the Downtown Encinitas Specific Plan contains design
recommendations pertaining to site layout, building design, landscape design, privacy, and
security with which the authorized agency must find the project substantially consistent in
order to grant approval. The architectural style and use of materials has remained consistent
with the existing building throughout the proposed project. The project design is
considerate of the constraints and opportunities of the site.
Conclusion: The Planning and Building Department finds that the project as proposed is
consistent with the Design Review Recommendations of the Downtown Encinitas Specific
Plan.
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.
The project has been determined to be exempt from environmental review pursuant to
Section 15301(e)(1) of the California Environmental Quality Act (CEQA) Guidelines which
exempts additions to existing structures provided that the addition will not result in an
increase of more than 50 percent of the floor area of the structure before the addition, or
2,500 square feet, whichever is less.
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,
Downtown Encinitas Specific Plan and the 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.
Facts: The surrounding neighborhood consists of commercial retail to the north, south and
east. CommerciaUoffices exist to the west across the existing alley.
Discussion: The project will be compatible with the current use of the site, the existing
structures, and the surrounding neighborhood. The Downtown Encinitas Specific Plan
Design Recommendations (Section 4.5.2, General Commercial Recommendations for
Compatibility and Context) provides general design principles which are applicable to
downtown retail, service and office uses. The project has demonstrated compliance with
the Downtown Encinitas Specific Plan. 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.
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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.
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 project proposes an Administrative Design Review Permit and Coastal
Development Permit to convert an existing drive-through bay of an existing restaurant
(Angelo's Restaurant) into storage area and useable restaurant area. Minor exterior changes
are proposed, including faqade changes, window changes, doors, signage and color
schedule.
Discussion: Related to finding No. 1, the conversion of an existing drive-though bay of an
existing restaurant into storage area and useable restaurant area along with some minor
exterior improvements complies with or is conditioned to comply with the City's Local
Coastal Program, Downtown Encinitas Specific Plan, General Plan and the Municipal Code.
Related to finding No. 2, the project has been determined to be exempt from environmental
review pursuant to Section 15301(e)(1) of the California Environmental Quality Act (CEQA)
Guidelines which exempts additions to existing structures provided that the addition will not
result in an increase of more than 50 percent uf the floor area of the structure before the
addition, or 2,500 square feet, whichever is less. 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 conversion of an
existing drive-through bay of an existing restaurant into storage area and useable restaurant
area along with some minor exterior improvements of an existing restaurant 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.
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Environmental Review: The project has been determined to be exempt from
environmental review pursuant to Section 15301(e)(1) of the California Environmental
Quality Act (CEQA) Guidelines which exempts additions to existing structures provided
that the addition will not result in an increase of more than 50 percent of the floor area of
the structure before the addition, or 2,500 square feet, whichever is less.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two (2) years from the date of this approval, on August 11, 2011 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 June 8, 2009, consisting of seven (7) sheets including
[Cover Sheet (A-1), Parking Analysis Plan (A-2), Site Plan (Sheet A-3), Demolition
Plans/Floor Plan (Sheet A-4), Elevations (Sheets A-5, A-6) and Landscape Plan (L-1), all
designated as approved by the Planning and Building Director on August 11, 2009, and shall
not be altered without express authorization by the Planning and Building Department.
SCA The plans to satisfy the following conditions shall be approved and secured to the
satisfaction of the Engineering Services Department prior to issuance of a building
permit:
1. The existing overhead utilities that serve this site shall be installed
underground.
2. The existing trash enclosure shall be retrofitted to comply with Storm Water
Best Management Practice requirements. The trash enclosure shall have an
impervious, non-combustible roof that will not allow rain water to enter the
enclosure. The enclosure shall be lockable and locked when not in use. A
berm shall be installed at all openings to hold in any liquids that escape from
the dumpster and to prevent any flow of storm water through the trash
enclosure area. The berm can be designed wide and flat to allow rolling of the
dumpster in and out. The enclosure shall be self contained OR may have a
drain that discharges ONLY to the sanitary sewer system, not to the planters
or the storm drain system.
3. The owner/applicant shall be responsible for any Wastewater Discharge
Capacity Fees, Traffic Mitigation Fees and Flood Control Fees resulting from
the increased use. These fees will be assessed during the building plan check.
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SCB The plans to satisfy the following conditions shall be approved and secured to the
satisfaction of the Building Department prior to issuance of a building permit:
1. Construction shall comply with the 2007 California Building Code (CBC).
SCC The plans to satisfy the following conditions shall be approved and secured to the
satisfaction of the San Dieguito Water District prior to issuance of a building permit:
1. The owner/applicant shall install backflow protection devices to the domestic
and fire sprinkler systems in accordance to Water Agencies' Standards
(WAS).
2. The owner/applicant will be required to show all existing and proposed water
facilities on building permit, improvement or grading plans for District
approval.
3. The owner/applicant is required to comply with the District's fees, charges,
rules and regulations.
SCD The plans to satisfy the following conditions shall be approved and secured to the
satisfaction of the Planning and Building Department prior to issuance of a building
permit:
l. Any change or reconfiguration to the approved parking lot layout (shown on
the approved site plan dated August 5, 2008), shall be approved by the
Planning and Building Department prior to any modification or restriping of
the parking lot being permitted.
2. All existing signage shall be brought up to compliance with Chapter 30.60
(Signs) of the Municipal Code. All signage shall be maintained in
conformance with this Section in perpetuity.
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, the owner shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth 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.
GS 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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G11 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 Deparhnent regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
G16 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking
Design Manual.
G17 In accordance with the provisions of the Off-Street Parking Design Manual, all parking
spaces (except handicapped spaces) shall be delineated by double-line striping consisting of
4-inch wide painted white lines 1 to 2 feet apart, and all parking areas with more than one
row of parking spaces shall have directional signs or painted directional arrows where one
way travel is necessary to guide traffic, all of which shall be indicated in building plans and
found satisfactory by the Planning and Building Department prior to final approval of the
project's building permit. Adjacent to the sides of the parking lot landscape islands, stalls
shall be provided with a 12" wide concrete strip adjacent to the island's curb.
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.
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L2 All required plantings and automated imgation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping, buffering,
and screening requirements. All landscaping and irrigation systems shall be maintained in a
manner that will not depreciate adjacent properiy values and otherwise adversely affect
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code
and the City's Off-street Parking and Design Manual incorparated by reference therein.
LS All masonry freestanding or retaining walls visible from points beyond the project site shall
be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be
of a type satisfactory to the Engineering and Planning and Building Departments. The
property owner shall be responsible for the removal in a timely manner of any graffiti posted
on such walls.
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.
S 1 Any signs proposed for this development shall be designed and approved in conformance
with Encinitas Municipal Code Chapter 30.60.
B 1 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.
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F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in one of the following formats (AutoCad DWG,
DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged
a reasonable fee for updating all response maps.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance
shall apply.
ED1 Draina2e Conditions
EDS The owner shall pay the current local drainage area fee prior to issuance of the building
permit for this project or shall construct drainage systems in conformance with the Master
Drainage Plan and City of Encinitas Standards as required by the Engineering Services
Director.
ES1 Street Conditions
ESS Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
EUl Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU4A The existing overhead utilities service to the property shall be undergrounded.
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.
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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 fee, prior to 5:00 p.m. on the 15`h 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 Buildi~ Dgo-~;trnent by telephoning (760) 633-2693.
~
,n-• _ ~
atrick Murphy
Planning and Building Director
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