2013-30 - EG City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2013-30
May 30,2013
This letter is to inform you that the Planning and Building Director has approved your
application for:
12-169 ADR/CDP (Oggi's Pizza) — A request for approval of an Administrative Design
Review Permit and Coastal Development Permit for exterior architectural improvements to
an existing restaurant with no new floor area proposed. The subject property is located at
305 Encinitas Blvd. in the General Commercial (GC) zoning district, the ScenicNisual
Corridor Overlay (S/VCO) Zone and within the Coastal Appeal Zone of the City of
Encinitas.
Project Discussion: The application request is for the approval of an Administrative Design
Review Permit and Coastal Development Permit for the proposed exterior architectural
improvements to an existing restaurant building (consisting of 5,994 square feet) located
adjacent to Encinitas Blvd. and Interstate-5. The Planning Commission considered and approved
a Major Use Permit, Design Review Permit and Coastal Development Permit application (Case
No. 12-162 MUP/DR/CDP, Resolution No. PC 2013-OS) on March 21, 2013, for the construction
of an In-N-Out Burger drive-through restaurant, which included parking lot changes to the
parking lot area around Oggi's restaurant, including new landscaping, reconfiguration and
restriping.
The proposed improvements include exterior changes to all four sides of the existing restaurant
building including new stucco, brick veneer, siding, a canvas awning near the front entrance and
`Gooseneck' lighting around the perimeter of the building. No new floor area to the building is
proposed as part of this application request. Signs are included as part of this permit and comply
with area limitation based on the linear footage of the main entrance side (89 square feet
consistent with the provisions of Chapter 30.60 of the Encinitas Municipal Code). All existing
rooftop mechanical equipment is required as part of this permit to be screened and painted to
match the color of the roof.
The project lies within the Scenic/Visual Corridor Overlay (S/VCO) zone (Section 30.34.080 of
the Encinitas Municipal Code). The overall bulk, mass, height, proposed materials, finishes,
colors, and architecture of the proposed detached restaurant retains substantially the same visual
character as the existing one-story structure and will not impact any westerly views through the
project site and related site landscaping and other upgrades will improve appearance from the I-5
corridor.
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The project as proposed will comply with the maximum building height limit of 30 feet (at 24 ft.)
for the subject GC zone. The existing parking lot contains 112 parking stalls. In association
with the In-N-Out project, a reciprocal access and parking agreement will be recorded to provide
a total of 117 parking spaces at build-out, where 111 parking spaces are required for the 3
existing parcels occupied by the proposed drive-thru restaurant, the existing freestanding
restaurant (Oggi's) and the existing gas station (Valero Gas Station). The project is required to
comply with all applicable Building and Fire codes through the standard building permit
plancheck process.
Citizens Participation Program (CPP) & Public Notification: The applicant conducted a
Citizen Participation Program (CPP) meeting on November 27, 2013 pursuant to Chapter 23.06
of the Municipal Code. According to the CPP final report submitted by the applicant, no one
attended the meeting and no comments were received during the review period. The Final CPP
Report is available for review in the case file.
Administrative Public Hearing: A standard public notification to all property owners and
tenants within 500 feet of the project site was issued for the application, which allowed for a
minimum 10-day comment period. No comments were received. A public hearing was
conducted on May 28, 2013. No one attended the hearing and no comments were received.
Coastal Development Permit: The proposed project is located within the Coastal Appeal Zone
of the City of Encinitas due to the fact that an existing riparian wetland stream is located within
100 feet of the rear (westerly) portion of the property. With adherence to the development
standards within the Encinitas Municipal Code and the goals and policies of the Encinitas
General Plan, the project will be consistent with the City's adopted Local Coastal Program.
This approval is based on the following findings:
FINDINGS FOR DESIGN REVIEW PERMIT
STANDARD: Section 23.08.080 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, 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 applicant requests an Administrative Design Review Permit and Coastal
Development Permit for exterior architectural improvements to an existing restaurant
with no new floor area proposed. The subject property is located at 305 Encinitas Blvd.
in the General Commercial (GC) zoning district, the ScenicNisual Corridor Overlay
(S/VCO) Zone and within the Coastal Appeal Zone of the City of Encinitas.
Discussion: The proposed project is consistent with the General Plan and applicable
Municipal Code provisions. The project as proposed complies with the building height
and all of the development standards of the subject GC zone and is required to comply
with all applicable Building and Fire codes through the standard building permit
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plancheck process. The project as proposed adequately addresses visual impacts with
improved architectural treatments and no additional conditions or limitations are
necessary to ensure compatibility with the Scenic/Visual Corridor Overlay Zone.
Conclusion: The Planning and Building Director finds that the project design 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 project proposes exterior architectural improvements to an existing restaurant
building. No new floor area or grading is proposed.
Discussion: The proposed facade improvements will vary sufficiently in color and
materials. The proposed architectural features and elements are sufficiently dimensioned
and articulated to provide visual relief and enhance character definition of the existing
building. Building detailing has been achieved on all sides of the building. All signs
have been designed to be compatible with and complementary to the on-site design
concept and physical design features.
Conclusion: The Planning and Building Director 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: 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 exteriar alterations to existing
structures.
Discussion: The existing use of the building as a restaurant is allowed by right in the GC
zone. No evidence has been submitted or discovered that would suggest that the
proposed architectural improvements to the exterior of the existing restaurant building
would adversely affect the surrounding neighborhood or community. All
services/infrastructure (i.e. stormwater facilities, water and sewer) are available and will
be provided as required under this permit to serve the subject properties. The project is
exempt from the requirements of CEQA and no adverse impact to the environment is
anticipated.
Conclusion: The Planning and Building Director finds that the project 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 sunounding neighborhood consists of commercial uses (zoned GC) to the
north, south and east and the Interstate-5 Transit Corridor(zoned TC) to the west.
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Discussion: The proposed project design is compatible with the surrounding types of use
and structures. The proposed colors, materials and architectural features are well
coordinated and complementary to the site and its surroundings and would enhance the
appearance of the existing building as well as the neighborhood. All existing roof mounted
equipment will be required to be screened. No evidence has been submitted or discovered
that would suggest that the proposed project would cause any material depreciation in
appearance or value of the surrounding neighborhood.
Conclusion: The Planning and Building Director finds that the 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, 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 is requesting an Administrative Design Review Permit and Coastal
Development Permit for proposed exterior architectural improvements to the existing
restaurant building. No new floor area is proposed. The project as proposed complies
with the maximum height standard and all of the development standards of the subject
General Commercial (GC) zone found in Chapter 30.20 (Commercial Zones) of the
Municipal Code.
Discussion: Related to finding No. 1, with the approval of the Administrative Design
Review Permit 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 Sections 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.
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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(a) 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: This project will have no significant adverse environmental impacts
and is exempt from environmental review pursuant to Section 15301(a) of the California
Environmental Quality Act (CEQA) Guidelines which exempts exterior alterations to existing
structure.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on May 30, 2015 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 March 5, 2013, consisting of 8 sheets including Title Sheet
(T1.0), Photographic Site Survey (Sheets T2.0 and T2.1), Floor Plan (Sheet A2.1), Roof
Plan (Sheet A3.1), Existing Exterior Elevations (Sheet A4.0), Proposed Exterior Elevations
(Sheet A4.1) and Details (Sheet A8.1); and 1 Sheets Colored Elevations stamped received
by the City on March 5, 2013; all designated as approved by the Planning and Building
Director on May 30, 2013, and shall not be altered without express authorization by the
Planning and Building Department.
SCA The following shall be completed to the satisfaction of the Planning and Building
Department:
All light sources installed for the subject building shall be shielded in such a manner that
the light is directed away from streets or adjoining properties.
SCB The following shall be completed to the satisfaction of Fire Department:
All Emergency/Fire Exits shall be maintained and remain clear and unobstructed.
SCC The following shall be completed to the satisfaction of the San Dieguito Water District:
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District Ordinance No. 94-01 states that the use of potable water on landscaping areas may
be deemed an unreasonable use where reclaimed water is available. The owner is required
to use reclaimed water and convert the landscaping irrigation system to reclaimed water
standards in those areas that are to be served by reclaimed water.
Gl 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.
G12 Prior to final approval, all conditions of approval contained herein shall be completed or
secured to the satisfaction of the Planning and Building Deparhnent.
Gl3 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
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.
SIGNS
S 1 Any signs proposed for this development shall be designed and approved in conformance
with Encinitas Municipal Code Chapter 30.60(Signs).
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DESIGN REVIEW
DR1 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.
Bl 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.
F1 FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Encinitas
Fire Department standards.
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways
shall be a minimum of 24 feet in width during construction and maintained free and clear,
including the parking of vehicles, in accordance with the California Fire Code and the
Encinitas Fire Department.
F13 ADDRESS NUMBERS: Approved numbers and/or addresses shall be placed on all new
and existing buildings and at appropriate additional locations as to be plainly visible and
legible from the street or roadway fronting the property from either direction of approach.
Said numbers shall contrast with their background, and shall meet the following
minimum standards as to size: 4 inches high with a 3/8-inch stroke for residential
buildings, 8 inches high with a %2-inch stroke for commercial and multi-family residential
buildings, 12 inches high with a 1-inch stroke for industrial buildings. Additional
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numbers shall be required where deemed necessary by the Fire Marshal, such as rear
access doors, building corners, and entrances to commercial centers.
F 18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof coverin�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 issuance shall
apply.
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
be appealed to the California Coastal Commission.
If you have any questions regarding this determination, please contact Todd Mierau at the Planning
and Building Department by telephone at(760)633-2693.
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_:�_ �___
'�7eff Murphy
Planning&Building Director
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