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