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1995-05 RESOLUTION NO. NE-9S-05 . A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A DESIGN REVIEW PERMIT MODIFICATION AND VARIANCE REQUEST FOR MODIFICATIONS TO THE EXTERIOR OF THE NORTHERLY RETAIL COMMERCIAL STRUCTURE AND TO EXCEED THE 100 SQUARE FOOT SIZE STANDARD FOR WALL SIGNAGE TO APPROXIMATELY 144 SQUARE FEET FOR PROPERTY LOCATED AT 333 NORTH EL CAMINO REAL (CASE NO. 95-160 DR-MOD/V; APN: 257-062-23) WHEREAS, Hollywood Video and Nancy Patterson of Urban Solutions applied for a Modification of Design Review Permit No. 94-145 pursuant to Municipal Code Chapter 23.08 (Design Review) to modify the exterior of the westerly portion of the northerly retail structure to include a painted "hilltop silhouette" with neon light accents and a Variance to allow wall signage to exceed the 100 square foot maximum size standard (pursuant to Municipal Code Section 30.60.100 D.I) to allow for approximately 144 square feet of wall signage within the EI Camino Real (Circuit City) Commercial Retail Center for property located in the General Commercial (GC) Zoning District at 333 North EI Camino Real; and . WHEREAS, the New Encinitas Community Advisory Board conducted a Public Hearing on the application request on July 18, 1995 and all those desiring to speak, did speak; and the Board considered without limitation: 1. The Agenda Report for the July 18, 1995 New Encinitas CAB meeting; 2. The application for Design Review Permit Modification and Variance which consists of three sheets including the Building Elevations, the Floor Plan of the subject structure, and the Commercial Center's Site Plan dated received by the City on June 29, 1995; 3. The adopted General Plan, Zoning Code and associated Land Use Maps; 4. Written evidence and oral testimony received at the Public Hearing; and WHEREAS, the New Encinitas Community Advisory Board made the following Findings for project approval pursuant to Sections 23.08.070 (Design Review) and 30.78.030 (Variances) of the Encinitas Municipal Code: (See Exhibit" 1 ") . cd/cro/a: Il/sr95160.nel(7-18-95) . NOW THEREFORE, BE IT RESOLVED that the application for Design Review Permit Modification and Variance is hereby approved subject to the following conditions: A. STANDARD CONDITIONS: 1. This approval will expire on July 18, 1997, two years after this approval, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. 2. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. 3. All Conditions of Resolution NE-94-05 (Design Review Permit 94-145) shall be implemented to the satisfaction of the Community Development Director except as may be modified by this approval. B. COMMUNITY DEVELOPMENT DEPARTMENT: The developer shall contact the Community Development Department regarding compliance with the following conditions: 1. The Design Review Permit Modification and Variance applications are approved as set forth on the plans which consist of three sheets including the Building . Elevations, the Floor Plan of the subject structure, and the Commercial Center's Site Plan dated received by the City on June 29, 1995. During the Community Advisory Board meeting, the applicant agreed to revise the application so that the background hilltop silhouette (and its associated neon accent) on the building's facia will only be placed upon the structure's westerly elevation and along approximately 52 feet of the structure's southerly elevation beginning at the corner of the western elevation and ending at the corner just east of the most easterly awning. 2. All wall signage, including canopy signs (if applicable), shall conform to the area limitations established by the approved Sign Program for the commercial center except as specified by this Variance approval. As agreed to by the applicant, the use of neon lighting as an accent around window areas within the commercial center is prohibited. 3. All roof and ground mounted mechanical equipment shall be screened from view adjacent to the structure to the satisfaction of the Community Development Director. 4. Landscape plantings within the commercial center shall conform to the Landscape Plan reviewed and approved by the New Encinitas CAB. All plant materials shall be maintained in a healthy and growing condition at all times. An automated . edlero/a; I J/sr95J60.neJ(7-J8-95) . irrigation system with underground pipes for all landscaped areas shall be in place prior to occupancy of the commercial structures. Landscaped islands shall be provided a 12 inch concrete walkway adjacent to parking stalls. A landscaped berm shall be installed along EI Camino Real to screen the parking area and vehicles from view. All irrigation systems shall be maintained in an orderly working condition acceptable to the Community Development Director. All parking stalls adjacent to any wall or other obstruction shall be a minimum of 11.5 feet in width. 5. The applicant shall pay development fees at the established rate. Such fees may include, but shall not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees and Park Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Building Permit issuance or Final Occupancy approval. C. FIRE PREVENTION DISTRICT: The developer shall contact the Fire Protection District regarding compliance to the following condition: FEES: Prior to Final Occupancy approval, the applicant shall submit to the Community Development Department a letter from the Fire Prevention District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. . D. BUILDING DIVISION: The developer shall contact the Building Division regarding compliance to the following condition: The applicant shall submit a complete set of construction plans to the Building Division for review. The submittal shall include structural calculations and details, complete framing plans and details, a site plan and floor plans showing State mandated disabled access requirements, State Energy compliance documentation and a Soils Report which includes recommendations for the design of structural foundations. Submitted plans shall be reviewed for compliance with State Title 24, the 1991 Editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the 1990 Edition of the National Electrical Code. 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. BE IT FURTHER RESOLVED that the New Encinitas Community Advisory Board, as Lead Agency and in its independent judgement, adopted a Negative Declaration on November 22, 1994 which is on file with the Community Development Department (Case No. 94-145) for the project and De Minimis Findings in accordance with Section 711.2 of the California Fish and Game Code have been made pursuant to this approval. . . PASSED AND ADOPTED this 18th day of July 1995, by the following vote, to wit: AYES: Edde, Beck, Van Reusen, Felker, Weinstein (voted no on motion to approve reduced hilltop silhouette design feature, voted yes on Sign Variance) NAYS: None ABSENT: None ABST AIN: None ~~~ Mark Weinstein, Chair New Encinitas Community Advisory Board City of Encinitas . A TrEST: ~e.rIL Craig R. Olson Assistant Planner . EXHIBIT "1 II . RESOLUTION NO. NE-9S-0S Findings Pursuant to Section 23.08.070 (et. seq.) of the Encinitas Municipal Code: Design Review Pennits (I) The project design is consistent with the General Plan, or Specific Plan and the provisions of the Municipal Code. Facts: The commercial retail center is a permitted use within the General Commercial Zoning District. The exterior design and landscaping improvements were approved pursuant to the plans submitted with Design Review application No. 94-145. The subject application proposes to modify the exterior of the northerly commercial structure within the center. Hollywood Video proposed to paint a "hilltop silhouette" along the facia area of the west and a portion of the south exterior elevations of the northerly minor tenant structure. The silhouette would be painted a deep purple color to contrast with the lighter off-white color of the structure's exterior and the white portion of the Hollywood Video sign. The top of the silhouette is proposed to be highlighted by red and blue neon tube lighting. Two wall signs measuring approximately 72 square feet each (144 s.f. total) are also proposed on the southerly and westerly building exteriors. The applicant . agreed to reduce the sign area and the area of the hilltop silhouette from the original application request. Discussion: The proposed hilltop silhouette and "Hollywood Video" sign could be considered together as "Sign Area" due to the Municipal Code definition. However, the Board determined that the silhouette is a part of the building's design and is needed to provide a contrasting background for the "Hollywood Video" portion of the sign and to provide for the store's standard logo association. The applicant agreed to limit the area of the silhouette to the western elevation and a potion (approximately 52 feet) of the structure's southerly elevation beginning at the corner of the western elevation and ending at the corner just east of the most easterly awning. Although the Hollywood Video sign will be larger than the 100 square foot standard established by the Municipal Code, the Board approved a Variance due to the fact that the store will occupy an area (approximately 7,500 square feet) that could have been occupied by up to four individual tenants and each of those tenants would be allowed wall sign area which would have exceeded the 100 square foot limitation placed upon a single tenant. Pursuant to the Municipal Code definition of "sign area", the hilltop silhouette area could also be considered a part of the sign's square footage area. However, the Board determined that the hilltop silhouette is a part of the structure's design. . . Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the proposed project would not conflict and will be compatible with the intent of the General Plan and the provisions of the Municipal Code. The site is not within a Specific Plan area. (2) The project design is substantially consistent with the Design Review Guidelines. Facts: The Design Review Guidelines relate to Site Design, Building Design, Landscape Design, Sign Design and Privacy and Security. Discussion: The Board determined that the hilltop silhouette is consistent with the City's Design Review Guidelines. In particular, Building Design Guideline 2.3 states: "No particular architectural style is required or prohibited. However, if a traditional style is used, there should be elements of consistency with that style throughout the project. Abrupt stylistic breaks shall be avoided." The hilltop silhouette, for the area of the structure as revised by the applicant, will provide a unique and interesting design for this portion of the commercial center and is not seen by the Board to be an abrupt stylistic break. The silhouette also conforms to Design Guideline 2.4 which states: "Variety in exterior materials and colors should be used with constraint. Generally, two or three main materials are adequate to express any architectural style. Additional materials may be applied to small areas to emphasize certain features, such as window trim, railings, entrances, etc." The hilltop silhouette will provide an emphasize of the structure's . exterior feature. Sign Design Guideline 4.7 is also compatible with the revised silhouette design since it provides a contrast to the "Hollywood Video" sign and relates with the exterior colors of the structure. Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the Design Review Permit Modification is consistent with the intent of the Design Review Guidelines. (3) The project design will not adversely affect the health, safety, or general welfare of the community. Facts: The project design is consistent with the Municipal Code standards and requirements for the General Commercial Zoning District. Discussion: No evidence has been submitted to indicate that the project design would adversel y affect the health, safety, or general welfare of the community. Conclusion: Therefore, the Board finds that the project design will not adversely affect the health, safety or general welfare of the New Encinitas Community. . I . (4) The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The project design tends to be compatible with the style of commercial development within the surrounding General Commercial Zoning District. Discussion: No evidence has been submitted to indicate that the project would materially depreciate the appearance or value of the neighborhood. Conclusion: Therefore, the Board finds that the project will not adversely depreciate the appearance or value of the immediate neighborhood or the New Encinitas Community. . . . Findings Pursuant to Section 30.78.030 of the Municipal (Zoning) Code Related to Variances A. A Variance from the terms 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 allow the wall signs on the northwesterly commercial structure to exceed the 100 square foot size standard established by Municipal Code Section 30.60.100 D.l to approximately 144 square feet. Discussion: Although Municipal Code Section 30.60.100 D.1 limits the area of wall signs to one square foot for each linear foot of building frontage on the side of the building's main entrance with a maximum of 100 square feet, the Board approved a Variance due to the fact that the store will occupy an area (approximately 7,500 square feet) that could have been occupied by up to four individual tenants and each of those tenants would be allowed wall sign area which would have exceeded the 100 square foot limitation placed upon a single tenant. . Conclusion: Therefore, the New Encinitas Community Advisory Board finds that there is a special circumstance related to the size of the tenant's space being occupied by Hollywood Video to warrant Variance approval. The sign area was voluntarily reduced by the applicant from the original request of 320 square feet to 144 square feet and the sign's lettering will conform to the maximum lettering height of 30 inches established by the center's Master Sign Program. 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: Variance approval would allow for wall signage on the northerly commercial structure within the center to exceed the 100 square foot maximum imposed by Section 30.60.100 D.I of the Municipal Code. Discussion: The applicant contends that additional square footage should be permitted for the Hollywood Video tenant since the use will occupy an area within the structure equal to approximately four tenant spaces and each of those four tenants would have been permitted wall signs for their individual areas that, if cumulatively measured, would be in excess of the lOO square foot limitation imposed on a single tenant. . . Conclusion: The Board finds that the Variance to allow additional sign area for a tenant which occupies area which could be assigned to several individual tenants is appropriate in this instance. The overall design of the subject sign proposal is determined to be consistent with, or less than, the area that would be allowed for individual tenants who could have occupied the same retail area. The sign has been revised by the applicant to adhere to the maximum letter height of 30 inches established by the commercial center's Master Sign Program. 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. Facts: The retail use of the property is permitted within the General Commercial Zoning District. Discussion: The project proposes additional wall signage in excess of the square foot limitation established by the Municipal Code Sign Ordinance. However, the commercial use of the property is consistent with the provisions of the General Commercial Zoning District. Conclusion: Therefore, the Board finds that the Variance will 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 Variance is requested to allow for a wall sign in excess of the 100 square foot limitation established by the Municipal Code. . . Discussion: An alternative development plan is not practical since adherence to the 100 square foot limitation would not afford the commercial tenant adequate sign area in relation to the size of the tenant space. Although Municipal Code Section 30.60.100 D.l limits the area of wall signs to one square foot for each linear foot of building frontage on the side of the building's main entrance with a maximum of 100 square feet, the Board approved the Variance due to the fact that the store will occupy an area (approximately 7,500 square feet) that could have been occupied by up to four individual tenants and each of those tenants would be allowed wall sign area which would have exceeded the 100 square foot limitation placed upon a single tenant. While the applicant did redesign to reduce the square footage of the sign from what was originally submitted and to adhere to the 30 inch lettering height established by the center's sign program, a total redesign to adhere to the 100 square foot limitation is not practical since the smaller sign area would not relate to the size of the tenant's space. The Variance request is not self-induced due to the fact that the proposed use would occupy an area which could be utilized by approximately four individual tenants whose individual wall signs, when measured cumulatively, would be in excess of the 100 square foot limitation imposed on an individual tenant. Variance approval is not constitute a rezoning or other amendment to the Zoning Code since retail commercial activities are permitted within the General Commercial Zoning District. No evidence has been submitted to indicate that the Variance would authorize or legalize the maintenance of any private or public nuisance. Conclusion: Therefore, the Board finds that the Variance is warranted due to the area . of the retail structure being occupied by the applicant and the need for the sign area to relate harmoniously with the size of the tenant space. Therefore, the sign cannot be practically redesign to conform to the Municipal Code limitation. The project design is compatible with the architectural style of the rest of the commercial center since the approved sign area relates to the size of the tenant space. In addition, the Variance request is found to not be self-induced due to the fact that the additional sign area is required to be consistent with the area of the retail structure being occupied by the tenant. Variance approval does not constitute a rezoning or other amendment to the Zoning Code since retail commercial activities are permitted within the General Commercial Zoning District. No evidence has been submitted to indicate that the Variance would authorize or legalize the maintenance of any private or public nuisance. .