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1995-07 RESOLUTION NO. NE-95-07 . A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINIT AS APPROVING A VARIANCE AND COASTAL DEVELOPMENT PERMIT FOR WALL SIGNAGE TO EXCEED THE 100 SQUARE FOOT STANDARD TO A MAXIMUM OF APPROXIMATELY 191 SQUARE FEET FOR PROPERTY LOCATED AT 216 N. EL CAMINO REAL WITHIN THE WIEGAND PLAZA II COMMERCIAL CENTER (CASE NO. 95-271V/CDP) (APN: 259-121-18) WHEREAS, T. 1. Maxx and Western Sign Systems (William Gray) applied for Variance and Coastal Development Permit approval pursuant to Chapters 30.78 (Variances) and 30.80 (Coastal Development Permit) of the Municipal Code to allow wall signage to exceed the 100 square foot maximum standard established by Section 30.60.l00D.l of the Municipal Code to approximately 191 square feet; and WHEREAS, the property is located within the Wiegand Plaza II Commercial Center at 216 N. El Camino Real and is legally described as: . ALL OF PARCEL 3 OF PARCEL MAP NO. 4274, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 28, 1975 AS FILE NO. 75-335576 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF PARCEL 4 OF SAID MAP NO. 4274 LYING NORTHERLY OF THE SOUTHERLY LINE OF VIA MOLENA DRIVE. WHEREAS, a public hearing was conducted on November 21, 1995 by the New Encinitas Community Advisory Board (CAB) at which time all those desiring to speak, did speak; and, WHEREAS, the New Encinitas Community Advisory Board considered, without limitation: 1. The Agenda Report for the November 21, 1995 meeting; 2. The adopted General Plan, Zoning Code, Local Coastal Program and associated Land Use Maps; 3. Oral Evidence received at the Public Hearing from staff, the applicant and the public; . 4. Written evidence submitted with the application and two sheets including a colored elevation of the proposed signage and a blueline plan of the proposed sign with cd/cro/f:/9527Ine I.doc . channel letter details and an elevation drawing of the proposed sign dated received by the City on October 23, 1995. WHEREAS, the New Encinitas Community Advisory Board made the following required findings pursuant to Sections 30.78.030 (Variances) and 30.80.090 (Coastal Development Permits) of the Municipal Code: (See Exhibit "1 ") NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that application 95-271 V/CDP is hereby approved subject to the following conditions: A. STANDARD CONDITIONS: 1. This approval will expire on November 21, 1997, two years after the approval of this project, unless the following conditions have been met or an extension of time has been approved pursuant to Municipal Code requirements. 2. This approval may be appealed to the Planning Commission within 15 calendar days from the date of the Board's approval pursuant to Chapter 1.12 of the Municipal Code. . 3. The property owner shall pay applicable development fees at the established rate. Such fees may include, but shall not be limited to: Permit and Plan Checking Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the fees prior to Building Permit issuance. 4. Approval of this request does not waive compliance with any section of the Municipal Zoning Code and all other applicable City Ordinances, unless otherwise noted herein. 5. Property owner(s) shall agree to preserve and save harmless the City of Encinitas and each officer and employee thereof from any accident, loss, or damage to persons or property happening or occurring as the proximate result of any of the work undertaken to complete this project, and that all said liabilities are hereby assumed by the property owner(s). 6. In the event that one or more of the conditions imposed on this Variance approval are violated, the Community Development Director, upon notice to the applicant and an opportunity to present information, may revoke the Variance or impose additional conditions. . B. COMMUNITY DEVELOPMENT DEPARTMENT: The permitee shall contact the Community Development Department regarding compliance with the following conditions: cd/cro/f:/95271ne l.doc . 1. The Variance is approved as set forth on the plans dated received by the City with the application and background materials on October 23, 1995. Said plans consisting of two sheets including a colored elevation drawing and a blueprint of the detail plans of the sign and channel letters and an elevation drawing of the sign. 2. Prior to Building Permit issuance, the permitee shall cause to be recorded a standard form Covenant, acceptable to the Community Development Director, which records this Resolution of Approval and conditions herein for the subject tenant space. 3. Prior to final inspection of the sign, the property owner/developer shall contact the Community Development Department for a Site Inspection to verify that the sign complies to the plans approved by the New Encinitas Community Advisory Board. 4. Prior to Building Permit issuance, the Sign Program for the Wiegand Plaza II Commercial Center shall be modified to reflect this approval. The square footage for the wall sign for the T.J. Maxx store is allowed to be approximately 191 square feet. Upon the vacation of the T.J. Maxx store from this tenant space, future tenant signage shall conform to the limitations of the Sign Program for the center unless Variance for additional sign area is approved by the City prior to the signs being erected. The channel returns for the individual letters shall conform to the Sign Program for the Wiegand Plaza II Commercial Center (i.e.: they shall be painted . bronze to match "Olympic Stain Coffee"). Window signage in excess of20% ofthe individual and cumulative window area is prohibited. The use of neon or other illumination devices to accent or outline window area(s) is also prohibited. C. FIRE PREVENTION DEPARTMENT: The permitee shall contact the Fire Prevention Department regarding compliance to the following condition: FEES: Prior to Building Permit issuance, the permitee shall submit to the Community Development Department a letter from the Fire Prevention Department stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire Department. D. BUILDING DIVISION: The property owner/developer shall contact the Building Division regarding compliance to the following condition: Plans shall be submitted to the Building Division for plan check review. A comprehensive plan check will be conducted prior to Building Permit issuance and comments and/or changes to the originally submitted plans may be required. . cd/cro/f:/95271nel.doc PASSED AND ADOPTED this 21 st day of November 1995, by the following vote, to wit: . AYES: Edde, Felker, Beck, Weinstein NAYS: None ABSENT: Van Reusen ABSTAIN: None ~.W~ Mark Weinstein, Chairman . New Encinitas Community Advisory Board, City ofEncinitas ATTEST: ~.. e ,Q Craig R. Olson, Associate Planner . cd/cro/f:/95271ne l.doc EXHIBIT II 1 II . RESOLUTION NO. NE-95-07 Findings Pursuant to Section 30.78.030 of the Municipal (Zoning) Code Related to Variances A. A Variance from the tenns of the zoning ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Facts: The application requests a Variance to exceed the 100 square foot standard limitation for wall signage established by Section 30.60.100D.l of the Municipal Code to approximately 191 square feet for the wall signage for the T.J. Maxx store. Discussion: The applicant requests the Variance due to the existing location of the structure on the property and the fact that other structures within the Commercial Center obscure the view ofthe store from El Camino Real. In addition, the store is a major anchor tenant within the Wiegand Plaza II Center. The store occupies more square footage than any other store in the center (approximately 27,200 square feet as opposed to the AMC Theater which has approximately 24,600 square feet). The store has approximately 200 linear feet of building frontage as opposed to the theater's 170 linear feet of frontage. All . other tenant stores within the center have considerably less square footage and linear building frontage. The current letter size of approximately 4 feet does not correspond to the size of the building's frontage of 200 linear feet. The T.J. Maxx store's frontage is setback approximately 400 feet from the center's property line along El Camino Real. Although a monument sign exists along El Camino Real, the additional sign area is requested due to the fact that a service station and fast food restaurant are located immediately adjacent to El Camino Real which tend to further obscure the vision of the store from motorists using El Camino Real. Conclusion: Therefore, the New Encinitas Community Advisory Board finds that special circumstances are applicable to the property and the location of structures within the commercial center to warrant approval of the Variance request to better identify the maj or anchor tenant of the center to motorists using El Camino Real. B. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Facts: The Variance allows for wall signage for the T.J. Maxx store to have a maximum square footage of approximately 191 square feet. . Discussion: During the recent remodel of the commercial center, the size of the T.J. Maxx store was increased. The applicant contends that the current 48 inch high sign cd/cro/f:/95271nel.doc letters do not fit the scale and proportion of the building. The building's frontage . measures approximately 200 linear feet which is more frontage than any other tenant's frontage within the commercial center. The Variance approval is not a grant of special privilege or self-induced since the store is an anchor tenant within the center, the additional signage is an equal value to the square footage of the tenant space, and retail sales stores are permitted by right in the General Commercial (GC) Zoning District. Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the Variance approval does not constitute 'a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated and no special conditions are required to assure that the Variance will not constitute a grant of special privilege. C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. ~: The General Commercial (GC) Zoning District permits retail business uses and their ancillary uses and structures by right. Discussion: The project proposes to erect wall signage which adequately identify the business and which corresponds to the size of the retail structure. . Conclusion: Therefore, the New Encinitas Board finds that the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan; which would be of less significant impact to the site and adjacent properties than the project requiring a VarIance; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; or 4. Would authorize or legalize the maintenance of any private or public nuisance. Facts: The project conforms in all aspects with the development standards of the General . Commercial Zoning District and all other applicable standards required by the Municipal cdlcro/f:/95271ne 1. doc . Code except for the square footage of the wall sign exceeding the standard limitation of 100 square feet which is the subject of the Variance request. Discussion: An alternative design that would not require Variance approval is not practical for this location due to the size of the tenant structure not corresponding with the size of wall signage limited to the 100 square foot standard. An alternate plan of limiting the wall sign to the 100 square foot standard at this location would not adequately identify the business as an anchor tenant due to the location of the structure being approximately 400 feet from the property line of the commercial center to EI Camino Real. The project conforms in all other respects to the Municipal Code standards for the General Commercial Zoning District and no evidence has been presented during the planning review process to indicate that the Variance would authorize or legalize the maintenance of any private or public nuisance. Conclusion: Therefore, the New Encinitas Board finds that the project does not impose any significant adverse impacts to the site and adjacent properties and that the Variance is not self-induced as a result of an action taken by the property owner or the owner's predecessor due to the fact that the remodeled structure is the largest tenant structure within the commercial center and the tenant is a major anchor within the center. Therefore, the existing physical constraints on the site warrant the Variance approval (i.e.: the size of the tenant structure, its distant location to EI Camino Real, and the limited view corridor from EI Camino Real to the structure's frontage). The project does not allow such a degree of . variation as to constitute a rezoning or other amendment to the Zoning Code nor has any evidence been submitted to indicate that the project would authorize or legalize the maintenance of a private or public nuisance. . I cd/cro/f:/95271ne l.doc . Findings Pursuant to Section 30.80.090 (Coastal Development Permits) of the Encinitas Municipal Code: A. The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. Facts: Adherence to the City's General Plan Policies and Municipal Code Development Standards addresses Coastal Zone issues related to signs. The project is located in an area which would not preclude access to the coastal resources of the City. The site is not impacted by any water resources, wetlands, or floodplains. Discussion: The project location is not within the Coastal Commission Appeal Zone and, therefore, the final action of the New Encinitas Community Advisory Board is not appealable to the Coastal Commission. Conclusion: Therefore,.the Board finds the proposed project is consistent with the certified Local Coastal Program of the City ofEncinitas. B. The proposed development conforms with Public Resources Code Section 21000 (et seq.) and there are no feasible mitigation measures or feasible alternatives which would substantially . lessen any significant adverse impact that the activity may have on the environment. Facts: The property is not located in an area that would significantly impact any coastal resources and is categorically exempt from environmental review pursuant to Section 15311(a) of the California Environmental Quality Act (CEQA) Guidelines. C. If the property is located between the sea or other body of water and the nearest public road, approval shall include the specific finding that the proposed development is in conformity with the public access and public recreation policies of Section 30200 (et seq.) of the Coastal Act. Facts: The property is not located between the sea or other body of water and the nearest public road. . cd/cro/f:/95271nel.doc