1998-055CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 98-55
June 17, 1998
This letter is to inform you that the Director of Community Development has approved your
application for:
98-130 MIN-MOD (Armstrong Garden Center) -Minor Use Permit Modification
(Case No. 97-197 DR/MIN/EIA) to allow wall signage to exceed the 100 square foot
standard (M.C. Sec. 30.60.100.D.1) to approximately 115 square feet pursuant to
Municipal Code Section 30.60.060.1, for property located at 701 N. El Camino Real
(APN: 257-470-01).
Project Description and Discussion: The applicant has proposed additional wall signage
area in excess of the 100 square feet of wall signage area permitted by Municipal Code Section
30.60.100.D.1 which allows for a maximum standard wall signage area of 100 square feet.
Municipal Code Section 30.60.060.1, allows for additional wall signage area with an approved
use permit. The proposed wall sign on the south building elevation measures 44.75 square feet
in area. A wall sign measuring 69.75 square feet was approved to be located on the west
building elevation in association with the approval of Case No. 97-197 DR/MIN/EIA. The
total square footage of both wall signs is 114.5 square feet. The proposed wall sign on the
south building elevation is visible to the parking area for the retail sales business. A standard
public notification was issued and a Community Development Department hearing was
conducted on June 15, 1998 and no one appeared at the hearing in support of, or in opposition
to, the application request.
This determination is based upon the following findings, pursuant to Section 30.74.070 of the
Municipal Code:
STANDARD: In accordance with Section 30.74.070 of the Municipal Code,. a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the following
conclusions:
1. The location, size, design or operating characteristics of the proposed project
will be incompatible with or will adversely affect or will be materially
detrimental to adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
cd/cro/f:/98130min-mod (6-30-98)
a. The inadequacy of public facilities, services and utilities to serve the
proposed project;
b. The unsuitability of the site for the type and intensity of use or
development which is proposed; and
The harmful effect, if any, upon environmental quality and natural
resources of the city;
2. The impacts of the proposed project will adversely affect the policies of the
Encinitas General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies
imposed by the Municipal Code.
Facts: The application request is for additional wall signage area consistent with
Municipal Code Section 30.60.060.L. Wall signage was approved for the west
building elevation by the Planning Commission in association with Design Review
Permit and Minor Use Permit application request 97-197. All required public facilities
and utilities are available to the site in conjunction with the previous rough grading of
the property and its development as a retail nursery business pursuant to Design
Review Permit and Minor Use Permit 97-197.
Discussion: All roadway improvements, off street parking facilities, landscaping,
water and sewer service, and other utility extensions are currently improved to service
the site improvements. The requested wall signage on the south building elevation
equals approximately 45 square feet. When added to the approved wall signage area on
the west building elevation of approximately 70 square feet, the total wall signage area
exceed the 100 square foot standard permitted by Municipal Code Section
30.60.100.D.1 by approximately 15 square feet. The wall signage on the south
building elevation faces the off street parking area and is compatible with the size and
design of the existing retail structure. No evidence has been submitted to indicate that
the additional wall signage on the south building elevation would cause any adverse
effects or would be detrimental to any adjacent uses, residences, or other neighborhood
resources. No evidence has been submitted to indicate that the use would adversely
affect the policies of the Encinitas General Plan or the provisions of the Municipal
Code and, with the issuance of the Minor Use Permit, the use complies with all other
regulations, conditions or policies imposed by the Municipal Code.
Conclusion: Therefore, the Community Development Department finds that the Minor
Use Permit approval is suitable for the site and compatible with the existing structure,
all utilities and public facilities are extended to the site, no adverse environmental
impacts will result from the approval, and the approval will not adversely affect the
policies of the Encinitas General Plan or the provisions of the Municipal Code.
cd/cro/f:/98130min-mod(6-30-98)
Environmental Review: This project is found to be exempt from environmental review
pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITION :
SC2 This project is conditionally approved as set forth on the application and project plans
dated received by the City on May 26, 1998 and designated as approved by the
Community Development Director on June 15, 1998, and shall not be altered without
express authorization by the Community Development Department.
SCA Prior to Building Permit issuance for the approved wall sign, all finance accounts
associated with the City's processing of Design Review Permit and Minor Use Permit
97-197 (Finance No. 8210DR) shall be paid.
SCB Prior to Building Permit issuance for the approved wall sign, the temporary chainlink
fencing located on the northerly and easterly slopes adjacent to the retail structure shall
be removed.
G1 STANDARD CONDITIONS :
CONTACT THE COMMUNITY DEVELOPMENT 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.
BA2 This approval will expire in two years, on June 30, 2000, at 5:00 p.m., unless the
conditions have been met or an extension of time has been approved by the authorized
agency.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the
City Council within fifteen (15) calendar days of the date of this determination. This notice
constitutes a decision of the Community Development Department only. Additional permits,
including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required
for the type of project proposed.
If you have any questions regarding this determination, please contact Craig R. Olson at the
Community Development Department by telephoning (760) 633-2713.
Sandra L. Holder
Community Development Director
cd/cro/f:/98130min-mod (6-30-98)