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2016-36 - EG fw` NOTICE of DECISION.......... . Planning & Building Department s I Project Name:. :Moto.Deli Re nest: lxfe`r[or fa ade g , parking lot, outdoor seating and landscape im prove ments to an existing restaurant. Discretionary Actions Administrative Design Review Permit (ADR) 1 Coastal Development Permit (CDP) i i j CEQA`Determiinatior E emp DELI ION:.. APPROVED... .. ... i Project Number: 1 5-1 90 ADRICDP PBD Number: 2016-36 i Location: 810 North Coast Highway 101 Community: Leucadia j APN: 256-014-10 Applicant: Warman Holding's LLC i Representative: Clam Architectural Project Planner: Todd Mierau, (700) 033-2093, trnierau encini asca. ov 1 � Decision Date: ,duly 28, 2016 E Approval:Report A Maneet Ranu p pP ® '� t AICP Acting Director of Planning Building g : __...._. -.-__...._^_.._____--"-.""-.__-___-.__ ..1--. ._..__--....._.__.._...._...__-_".._ ____.___._...__._...._....._.._._..-_....__....._.. ...._.......__.._. _.____..........._...__..._ SUMMARY AND KEY CONSIDERATIONS An Administrative Design Review Permit (ADR) and Coastal Development Permit (CDP) application to establish a new exterior fagade with a new paint color palette, redesign and reconfigure the existing outdoor seating area, and to update and reconfigure the existing parking lot for Americans with Disabilities Act (ADA) compliance for an existing restaurant. |TEmNAmE: MoToDEu PROJECT NUMBER: 15-190 ADRKCOp JULY 28. 2O10 The project oonnp1(esvvithaUdeve|opmentstondords and the proposed design iscompatible with surrounding structures. PROJECT DESCRIPTION The applicant proposes to reface and redesign the exterior treatment of on existing in|ine restaurant tenant fronting North Coast Highway 101 with more modern aesthetic features and upgrades. The new treatments include reclaimed Redwood siding and smooth stucco colored grey. Some of the existing siding near the rear of the building will be reused and painted. New doors and vvindovvo, including a roll-up door on the north facing e|evation, are proposed. The applicant also proposes to revise the existing 315-square-foot outdoor seating area to add booths and tables. A new wood inaUis will cover the outdoor seating area shown in the front. The applicant also proposes 10 reconfigure the interior layout of the existing 1,303-square-foot restaurant with American's with Disabilities Act (ADA) upgnsdes, updated handicap parking and interior layout and neetroorn upgrades. No new area is being added to either the restaurant including the existing outdoor seating area. A new trash enclosure and enclosed refrigerator/freezer unit will be located at the rear of the property adjacent Lo the alley. Building signs are proposed onthe east side and north side ofthe building. Existing and proposed rooftop equipment and venting for the restaurant suite will be screened by means of the existing parapets. PROJIECT ANALYSIS Background The subject application is to review the exterior design changes, signage' site enhancements and the revision of the outdoor seating component. No changes are proposed to the existing area of the building. Two existing one-bedroom apartment units are located on-site. The applicant has provided historic data to document the number of existing parking spaces available on-site. Project Site Chanecteristios. [—G6-neral—Plan.- General Commercial Specific Plan: North 101 Corridor Specific Plan Zoning District: 1 Zoni.n_g Over!�� Coastal Ovffq���Z�one�__ Community Character Context: Mainstreet Corridor Other e ity Plan: None Notable �tat� or RegionalPlan and Law: None AcjeoentAnaa,� Direction General Plan Community Character Context Land Use Zoning District I North _LGC/N-CM-1 Mainstreet Corridor Commercial Center/Retail 2of12 ITEM NAME: MOTo DELI PROJECT NUMBER: 15-190 ADR/CDP JULY 28, 2016 Direction General Plan Community Character Contex-F Land Use Zoning District South GC/N-CM-1 Mai"street Corridor Commercial Tenant Retail IV18 I East GC/N-CM-1 r Mainstreet Corridor Coast Highway 101/NCTD railroad West R--11/R--11 Mainstreet Corridor -Multi-family residences IR _M_�Lt� __L- The subject site is surrounded by development with commercial uses, office professional uses and restaurant uses to the north, a retail use to the south, residential uses to the west and North Coast Highway 101 to the east. The restaurant is an existing use and is consistent with the neighborhood use and characteristics. General Plan Consistency I General Plan Goal or Policy Explanation of Project Conformance Land use Policy 1.8: Encourage The ' subject suite is located between a variety of 1 the types of commercial activities, commercial, retail and residential uses. The restaurant use which will supply the community is existing and will blend well with surrounding commercial with a diverse economic base. uses and neighborhood, and help to provide a diverse - economic base for the community. Land Use Element Policy 6.1: The proposed site is located within the N-CM-1 zone, which Permit commercial land uses and allows for restaurants, retail uses and other visitor serving other types of non-residential commercial uses. The subject site is developed with an development only in those areas existing restaurant use adjacent to other commercial uses where such development along the neighborhood commercial center. The proposed presently is concentrated or use will not result in land use conflicts with existing where indicated by the General surrounding commercial development surrounding the site. Plan as long as such development does not result in land use conflicts with surrounding residential development. North 101 Corridor Specific Plan and Design Guidelines Consistency Specific Plan Recommendation Explanation of PMfect Conformance Section 4.5.3.A1 Mass and The project is to improve the facade of an existing building Compatibility design with wood siding and stucco materials and natural colors. New improvements are provided to enhance and soften the bulk and mass of the existoq_pyiGdin . .... Section 4.5.3.A2 Mass and i The project has broken up a building with architectural Compatibility E variation, patios and window placement. 3 of 12 ITEM NAME: MoTo DELI PROJECT NUMBER: 15-190 DR/CD P JULY 28 2016 Municipal Analysis Dev l met 68tanddardd Pror ject Propos d complies Setback- Front Yard- o ft., o ft. Yes No Rear hard- 0 ft�, ft. s N—o Side Yard- o ft.—___J_o U.1 7 ft. ' Yes No [� LHe,i - 17 ft. o 1ne 17 ft. o in. No change Yes No � Lot Coverage- 90% 41% Yes No � Floor Area Ratio- �o requirement N � M _µ. ��es � �o [� Parking- Restaurants 1:75 sf 7 parking spaces + 2 on-street credit ' Yes No 3 3 (9 spaces existing) I parking stall provided per residential i Residential 1.5 per unit i unit for a total of . *see Parking section Below The project complies with all height standards, the floor area ratio and setback standards of the Encinitas Municipal code. Parking There are currently nine existing parking stalls on-site for the existing two residential units and the existing restaurant building. The existing residential units only provided one stall each as they are considered legal non-conforming related to parking. The requirement to provide a trash enclosure has eliminated two of the existing parking stalls off the alley. The North 101 specific Plan allows for on-street parking immediately adjacent to the site to be counted toward the required number of parking spaces for non-residential uses on that site. In exchange for the parking spaces lost for the construction of the trash enclosure, the applicant has agreed to utilize the on-street parking credits Therefore, the credit is no longer available for non-residential future additions. The project will not change the existing building footprint or use onsite; therefore, no additional parking is required. There is no change to the existing driveway and parking lot configuration with the exception of the ADS. upgrades proposed to the parking stall adjacent to the entrance. The restaurant is a dine-in, sit-down style restaurant. No alcohol service is proposed as part of this permit. Signs In accordance with Municipal code sign standards, the combined wall signs above the tenant space and the canopy will be limited to a maximum of one square foot of sign area per one linear foot of frontage of the tenant space where the main entrance is located. All tenant signs will be required to comply with the Municipal code and require approval of a building construction permit. Local Coastal Program Consistency The project site is located in the N-CM-1 zone and within the coastal Zones The applicant is proposing an exterior fagade remodel and site planning revisions. The project complies with all development standards of the N-CM1 zone including lot coverage and parking. The sign area proposed for all signs would not exceed the sign area allowed by Municipal code standards. 4 of 12 ITEM NAME: MOTo DELI PROJEECT NUMBER: 15-190 ADR/CDP JULY 282 2016 PUBLIC NOTICE AND PARTICIPATION Public Notice The Notice of Pending Action on the Administrative Design Review and Coastal Development Permit was mailed on June 3, 2016, to all property owners within 500 feet of the project site and to anyone who requested such notice in writing, in compliance with Encinitas Municipal Code Section 30.0 .070 and 30.80.080. Additionally, as°a courtesy, the notice was posted at City Hall and on the Planning and Building Department's Internet site under "Public Notices=' and via e- Project Source. No comments were received. Citizen Participation Program A Citizen Participation Program (CPP) newsletter was mailed on April 6, 2016, to discuss the project site. One comment was received indicating full support of the project. ENVIRONMENTAL CONSIDERATIONS The project is exempt from environmental review pursuant to the California Environmental Quality Act (Clio } Guidelines Section 15301(a). CEQA Guideline Section 15301(a) exempts from environmental review the operation and minor alteration of existing structures, which involve negligible or no expansion including interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. The project meets the criteria of the exemption and none of the exceptions in Section 15300.2 exist. DISCUSSION Fagade changes, parking lot improvements and new signs are proposed to an existing restaurant building that fronts North Coast Highway 101. This commercial suite has been relatively unchanged since before City incorporation. The proposed design incorporates reusing the shell of the building architecture with a variety of offsetting and complementary materials, including reclaimed redwood and smooth grey stucco finish. All improvements are appropriate to the site location, will be complementary to the architecture and are in scale with existing and surrounding buildings, FINDINGS Based on findings for a Design Review Permit per Encinitas Municipal Code Section 23.0 8.080 and the aforementioned analysis, the Planning & Building Department has made the follow'Ing findings to support the approval, with conditions: Fir di Explanation of Firjd n a. The project design is inconsistent with the The project is consistent with the General General Plan, a Specific Plan or the Plan, North 101 Corridor Specific Plan and provisions of this Code. Municipal Code. The community character is maintained while allowing creativity and individuality. The pedestrian environment is improved and all development standards are met. b. The project d esi n is substantiall The buildinq design is consistent with the 5 of 12 TEm NAME: MOTo DELI PROJECT uMB 15-190 D JULY 281 2016 Findinqs for a Desk Review Permit Explanation of F nd � inconsistent with the Design Review _.Design Review recommendations of the North 1 � Guidelines. � � Corridor r p ific la and enhances n existing building. Pedestrian orientation and visibility are maintained. The applicant is proposing a variety of signs in locations and size that are proportionate to the tenant space � k within the center. c. The project Would adversely affect the A restaurant use with outdoor dining is health, safety, or general welfare of the = permitted within N-CM-1 zone with approval�of a community. Design Review Permit. No evidence has been . provided to demonstrate that the proposed project would adversely affect the surrounding neighborhood or community. All services are in lace t serve the subject property. Thy project 3 : p p is exempt from the requirements of CEQA. F do The project would tend to cause the The design of the proposed project is surrounding neighborhood to depreciate i compatible with the surrounding types of materially in appearance or value. structures and uses. The physical rn p rovern nts include natural, quality I t materials that complement the existing and { surrounding properties, No evidence has been identified or received indicating that the proposed project would cause the surrounding neighborhood to depreciate materially in appearance or value. Based on findings for a Coastal Development Permit per Encinitas Municipal Code Section 30.80.090 and the fors ntl analysis, Planning and Building t has made the following findings t the r vat, with conditions: Finding for a Coastal Development Permit I Explanation f Fir d n F The project is consistent with the certified The project conforms to the North 101 Corridor I Local Coastal Program of the City of Encinitas; Specific Plan, Municipal Code and policies of and the General Plana The project as proposed complies with applicable development ! standards for the subject N-CM-1 zone. The proposed development conforms with No potentially significant adverse impacts to the Public Resources Code Section 21000 and environment will result from the project and the following (CE QA) in that there are no feasible € project is exempt from environme ntal review mitigation measures or feasible alternatives pursuant to Sections 15301(a) of the California g p e � available which would substantially lessen any Environmental Quality Act(CEQA) Guidelines. � [ significant adverse impact that the activity may have on the environment; and of |TEm NAME: MoToOsu PROJECT NUMBER: 15-190ADR/CDP JULY 28' 2O18 F6r projects involving development between 1 The project site is located on a portion of North the sea or other body of water and the nearest Coast Highway 101, which is not between the public road, approval shall include a specific first public road and the sea. finding that such development is in conformity with the public access and public recreation i policies of Section 30200 et. seq, of the 11 Coastal Act. CONCLUSION The proposed Administrative Design Review Permit (ADR) and Coastal Development Permit (CDP) application 10 establish a new exterior fegade with a new paint color palette, renovate an existing exterior seating ansa, and update and reconfigure the existing parking lot associated with an existing restaurant is consistent with the findings for an Administrative Design Review Permit (ADR) and Coastal Development Permit (CDP). The project is compatible with the surrounding oornrnunih/ and uses, and will have a positive visual impact along the Mainstneet Corridor. Therefore' based on the aforementioned findings and subject to the following conditions of approval, the project isapproved. CONDITIONS OF APPROVAL SC1 SPECIFIC CONDITIO-N...S.; SC2 At any time after two years from the date of this approval, July 28. 2018 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 naUenoe on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the Coastal Development Permit 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 as listed on this Permit. SCB This project is conditionally approved as set forth on the application and project drawings stamped received by the C)|1v on January 7. 2016' consisting of 5 sheets, including Cover Sheet (Sheet C-101)' Site Plan /Sheet /\-O\. Utility Site Plan (Sheet A-0.1\, Historic Parking Plana (Sheet A-0.2) and Floor Plan and Exterior Elevations (Sheet A-1) and color elevations/materials board, all designated as approved by the Planning and Building Department on July 28, 2016. and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall be included on the building and/or grading plans and performed to specification of the Engineering Services Department: 1. All existing signs, street lanlps, utility cabinets, and trees located within the public right-of+way shall be protected in place. 7of12 ITEM NAME: MOTo DELI PROJECT NUMBER: 15-190 ADR/CDP JULY 28� 2016 2E All existing and proposed trash enclosures shall be fitted to comply with Storm Water Best Management Practice requirements. The trash enclosures 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. A separate building permit may be required for this structure. 1 As identified in the Rick Engineering Hydraulic Study and Report from 2004, this property falls within the Leucadia Flood Problem area. No ground surface shall be altered to further displace storm water without a permit. 4. The proposed permeable paver area with access from the sidewalk shall be constructed at the existing elevation or lower in order to not displace more stormwater. The previous paver subdrain shall discharge on private property prior to the public alley. 5. As shown on the project plans, a steel tube railing shall be constructed along the sidewalk adjacent to the new patio. A permanent encroachment permit shall be required for the railing within the public right-of-way. 6, The existing survey monuments shall be referenced on the site plan and shall be protected in-place. If any monument is disturbed or destroyed it shall be replaced by a licensed land surveyor and a Corner Record or Record of Survey shall be filed with the County prior to release of securities. 7n The proposed electrical panel upgrade to 350 amps shall require the undergrounding of the existing overhead wires. All electrical, cable, telephone, etc. lines shall be constructed underground prior to the release of occupancy. 8. The owner/applicant shall pay all applicable mitigation and impact fees associated with the increased number of dining seats including but not limited to Traffic Mitigation fees, Flood Control and Wastewater Capacity fees. These impact fees shall be paid in full prior to release of occupancy. SCB Future wall signs are subject to building permit approval. Prior to the installation of signs, the Planning and Building Department shall review proposed signs to verify conformance and building permits shall be obtained. G1 STANDARD CONDITION.Sr- 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. 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 8 of 12 ITEM NAME: MoToOeu PROJECT NUMBER: 15-190 ADR/COP JULY 28' 2O1G of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) egnee, in acceptance of the conditions of this approval, to vvaiws any claims of liability against the City and agrees to indomnif«, hold harmless and defend the City and City's employees relative tothe action 10 approve tile 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. G10 All retaining and other freestanding walls, fenoes, and enclosures shall be architecturally designed in a manner similar 1o, and consistent with, the primary structures (e.g. stucco- coated rnasonry, split-face block or slump stone). These )ierns shall be approved by the Planning and Building Department prior to the issuance ofbuilding and/or grading permits. G11 All roof-mounted equipment and appurtonanoes, 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 oepo where visible from any point. Ground-mounted mechanical and electrical equipment shall also be screened through use of vvo\i' fence, landsoap(ng, 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 ofthe 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 Fine 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 io 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 or LED tubing or banding, such as tubing around windows or doors or banding around the building exterior, shall not be e|>ovved 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 ofthe 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. Tnensforrnens, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. 9 of 12 ITEM NAME: MOTo DELI PROJECT NUMBER: 15-190 ADR/CDP JULY 28� 2016 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. SIGNS S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30-60. S3 Signs are approved as submitted and as shown in the approved project plans. Any alteration/addition to the approved signs not exempted in Municipal Code Chapter 30.60 may require a permit amendment, and the applicant should contact the Planning and Building Department prior to undertaking any such modification. B1 BUILDING CONDITION- =_01 CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: 132 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 DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: F13 ADDRESS NUMBERS- STREET 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 1/2- inch stroke width for residential buildings, 8 inches high with a 1/2-inch stroke for commercial and multi-family residential buildings, 12 inches high with a 1-inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. 10 of 12 ITEM NAME-. MOTo DELI PROJECT NUMBER: 15-190 ADR/CDP JULY 28, 2016 El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 GrgA!qg_gqnqits EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code, If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. EDP Drainage.Condiflons ED 2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system, The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED 3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. E5 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 ES5 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. ES10 Improvements constructed within the present or future public right-of-way shall be considered temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. 11 of 12 ITEM NAME: MoToDEu PROJECT NUMBER: 15-190 ADR/COP JULY 28. 2O18 EU1 Utilities Conditions EU2 The owner aheU comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. EU3 The owner shall be responsible for coordination with S.D.G. & E.' AT&T, and other applicable authorities, EU4A The existing overhead utilities service io the property shall heundergrounded. DISCLOSURES This notice constitutes a decision of the Planning and Building Department only for the discretionary entitlement. Additional perrnits, such as Building and Grading Perm(ts, may be required by the Planning and Building Department or other City Departments. It is the property owner's and applicant's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions ofMunicipal Code Section 1.12' the decision of the Planning and Building Department may be appealed to the City Council within 15 calendgLdays of the date of this determination. The appeal must be filed, accompanied by e $250 filing fee' prior to 5-00 pm on the 15 m following the date of this Notice of [>eoioion. Any filing of an appeal will SuSpend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The action of the Planning and Building Department may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Todd PNienau. Associate Planner, at76O-833-2693orbyernail at � or contact the Planning and Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 780-633-2710 or by ann�i| at . SIGNATURE Ma 'ee1 Ranu, A|[|P Acting Director ofPlanning and Building 12of12