2021-60 - EGAAW
Encinitas
DEVELOPMEN SERVICES DEPARTMENT
NOTICE OF DECISION
Development Services Department
Project Name:
Pacific Station Substantial Conformance
Request:
Substantial Conformance Determination with Case No. 05-
237 TM/MUP/DR/CDP/EIA, approved by the City of
Encinitas City Council on March 28, 2007 (City Council
Resolution No. 2007-09) for the construction and
condominium subdivision of a three-story, mixed -use
development.
Discretionary Action:
Substantial Conformance (SUBC)
CEQA Determination:
EXEMPT
DECISION:
APPROVED
Project Number:
SUBC-004646-2021
DSD Number:
2021-60
Location:
687 S. Coast Highway 101
Community:
Old Encinitas
APN:
258-161-12-00
Applicant:
Chris Miller
Representative:
Chris Miller
Project Planner:
Laurie Winter, Associate Planner, III ipit.. il-&g g� iii,pilta ca,,g2y
Decision Date:
November 4, 2021
Report Approval:
®Anna Colamussi, Planning Manager
This document is to certify that the applicant's proposed plans dated received by the City of
Encinitas on September 7, 2021, have been determined to be in substantial conformance with
the originally approved Case No. Case No. 05-237 TM/MUP/DR/CDP/EIA.
ITEM NAME: PACIFIC STATION SUBSTANTIAL CONFORMANCE
PROJECT NUMBER: SUBC-004646-2021
DATE: 11 /4/2021
BACKGROUND:
On March 28, 2007, the City Council approved Case No. 05-237 TM/MUP/DR/CDP/EIA (City
Council Resolution No. 2007-09), for the construction and condominium subdivision of a three-
story, mixed -use development (commercial, office, and residential). This approval established the
site plan layout and architectural design of the mixed -use development. The development, as
modified through this substantial conformance request, is consistent with the required findings
and compatible with the surrounding downtown.
On May 27, 2021, the Development Services Department approved Case No. SUBC-004269-
2020, for interior and exterior tenant improvements as part of the renovation of a ground -level
single -tenant commercial retail space, formerly known as Whole Foods, to a multi -tenant
commercial retail and office space.
PROJECT SUMMARY/ANALYSIS:
This determination is based upon the following modifications:
Renovation of an existing loading facility primarily utilized by a single -tenant commercial retail
space, formerly known as Whole Foods, which is located in Pacific Station. Project scope
includes:
• Convert a portion of the existing three -space loading facility located on the south side of
Pacific Station to a one -space loading facility with a patio area for business and
professional office tenants.
Update the existing Pacific Station Operating Plan and Delivery Plan to address the
conversion of the loading facility and recent interior and exterior tenant improvements.
Per Encinitas Municipal Code Chapter 30.54.030 (Schedule of Required Off -Street Parking), the
following number of loading spaces are required:
E. Loading Space Requirements. Loading spaces shall be provided at the following rate
for all commercial, light industrial, and public/semi-public uses unless increased or
decreased by the Director of Development Services.
One loading space shall be provided for the first 10,000 square feet of gross
floor area or fraction thereof.
2. One additional loading space shall be provided for each additional 20,000
square feet of gross floor area or its fraction greater than 10 percent.
Pacific Station has approximately 51,000 square feet of commercial/office space. Based on the
Municipal Code requirements, Pacific Station is required to have a total of three loading spaces.
The existing development has two loading facility locations with a total of five loading spaces. Two
loading spaces are located at the north end of Pacific Station on E Street and three loading spaces
are located at the south end at W F Street. The proposed project will convert a portion of the
existing three -space loading facility located on the south side of the development into a one -space
2 of 4
ITEM NAME: PACIFIC STATION SUBSTANTIAL CONFORMANCE
PROJECT NUMBER: SUBC-004646-2021
DATE: 11 /4/2021
loading facility with a patio area for business and professional office tenants only. No other uses
are authorized within the patio area under this substantial conformance application request.
Since the vacation of Whole Foods in 2017, the existing loading facility on the south side is no
longer being utilized to its full extent and with the conversion of the former Whole Foods into
smaller commercials retail/offices spaces, a three -bay loading facility is no longer necessary.
Furthermore, the proposed project would still allow the development site to maintain the required
number of loading spaces, which is three. Two loading spaces will remain at the north side of the
development and one loading space will remain at the south side of the development.
The scope of work does not include grading, signage, new building square footage, or change in
building height. There are no changes to the existing parking count for the site and no restaurant
uses are authorized through this substantial conformance request. Signage proposed for new
tenants shall comply with the existing sign program requirements in place.
The modification is a minor exterior alteration that does not affect the original findings for approval.
This determination is based on the following findings for substantial conformance with a
Design Review Permit pursuant to Encinitas Municipal Code Section 23.08.140:
No project condition is changed or deleted.
The proposed modifications to the mixed -use development does not affect the conditions of
approval of City Council Resolution No. 2007-09, which will remain in effect for this project.
2. No feature, facility, or amenity is deleted or substantially altered which had been
considered essential to the project's quality, safety, or function by the decision -
making body.
With the proposed modifications, the project will still maintain the features, facilities and
amenities which were considered essential to the project's design and overall architectural
style, as originally approved. The design changes are consistent with the previously
approved design and does not change any aspect of the design that the City Council deemed
essential to the project.
3. The area of any residential floor plan is not decreased or increased by more than five
percent.
The proposed modifications only affect the commercial portion of the mixed -use project and
would not increase or decrease any residential floor plan.
4. No additional lots or dwelling units are added.
No additional lots or dwelling units will be added to the project.
5. No public or private open space is reduced in area or in its potential for use and
enjoyment.
The proposed modifications will not affect any private or public open space.
3 of 4
ITEM NAME: PACIFIC STATION SUBSTANTIAL CONFORMANCE
PROJECT NUMBER: SUBC-004646-2021
DATE: 11 /4/2021
6. The shape and bulk of structures, exterior building materials, landscaping, parking
and access are substantially in conformance with the spirit and intent of the Design
Review Permit decision.
The proposed modifications will maintain the spirit and intent of the Design Review Permit
decision. The minor exterior alterations will not significantly change the shape and bulk of the
structures. The design changes are very similar to, and substantially conform to, the design
approved, and will positively contribute to the overall design of the existing building. They are
minor in scope and will not affect the spirit and intent of the approved project (Case No. 05-
237 TM/MUP/DR/CDP/EIA).
7. The grading plan will not increase or decrease the final grade on any part of the site
by more than 3 feet over or under the plan approved by the Design Review Permit
decision.
No changes to the grading are proposed with the modifications.
8. No significant changes are made which, in the opinion of the Development Services
Director should be reviewed by the body which approved the original application.
The Development Services Department finds that no significant changes will be made to the
project warranting further review by the City Council.
Environmental Status: The project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(a),
which exempts minor alterations of private structures, involving negligible or no expansion of use
from environmental review. The project meets the criteria for the exemption.
This determination shall be valid 15 calendar days from the date of this determination, during
which time any aggrieved person may, upon payment of necessary fees, file an appeal. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the applicant's responsibility to obtain all necessary permits required for the
type of project proposed. The applicant may proceed through the plan check process during the
appeal period at his/her own risk; plan check fees are non-refundable. 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.
Any questions should be directed to Laurie Winter, Associate Planner, at (760) 633-2717 or via email
lum ;ir ii Iilpila q7, or the Development Services Department at 505 South Vulcan Avenue,
Encinitas, CA 92024, (760) 633-2697.
Anna Colamussi, Planning Manager
4 of 4