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.
.