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1989-13 , . ~ 8 RESOLUTION NO. NE 89- 11 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW APPLICATION TO ALLOW FOR A REPLACEMENT AND ENLARGEMENT OF TWO EXISTING MONUKENT PRICE SIGNS LOCATED AT 1355 ENCINITAS BLVD. (CASE NUMBER 89-241 DR) WHEREAS, a request for consideration of a Design Review application was filed by Shell oil/General Maintenance, Inc. to allow for a replacement and enlargement of 2 existing monument price signs as per Chapter 30.60.100 of the City of Encinitas zoning Codes, for the property located at 1355 Encinitas Blvd. and further described in attachment "A". WHEREAS, a public hearing was conducted on the application on December 4, 1989; and WHEREAS, the Community Advisory Board considered: 4IÞ 1. The staff report dated November 22, 1989; . 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; and WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to section 23.08.078 of the Design Review guidelines: A. The project design fails to assure that the size and shape of all signs are in scale with the buildings to which they are attached. Evidence to Consider: The proposed signage on the property will utilize the straight linear lines used by the other existing signs on the property. Also, the proposed signs will not only comply with the Business and Professions Code basic requirements, but will also adhere to the sign requirements of the Zoning Ordinance, section 30.60.100 C.2. As stated in this section, the area for a ~ free standing sign shall not exceed one square foot for each linear MB/05/CR06-412wp5 (11-30-89\1) . \.. 8 foot of street frontage, provided the area does not exceed 175 square feet, and the height shall not exceed 8'. The proposed signs are 4X8, thus containing an area square footage of 32', which is well below the permitted square footage of 175 square feet due to the 175 linear feet of street frontage. B. The building design does not provide for adequate space and locations on the building, in harmony with the architectural design, for the display of signs. Evidence to Consider: The two proposed signs will be an enlargement and replacement of the existing free standing signs located at the entrances on Encinitas Blvd. and El Camino Real. The applicant does not propose any signs to be located on the building itself. C. The project signing fails to relate well to the buildings of the project and to the neighborhood in general in terms of size, shape, color, texture, materials and lighting intensity, creating a visually incompatible appearance. Evidence to consider: The proposed signs will utilize the same colors, materials and designs of the other existing signs on the property and the service station/convenience store itself. The lighting intensity is currently compatible with the other commercial structures in the neighborhood and is not proposed to 8 be intensified. The proposed signage, therefore does not create a visually incompatible appearance. . D. The project signing does not show subtlety, is obtrusive or does not convey the message legibly and clearly. Evidence to Consider: The proposed signage conveys the message legibly and clearly as the lettering size of 8" exceeds the 6" height requirements, and the brand (Shell) and grade (regular, regular unleaded, super unleaded and diesel #2) are in conformance with the B&P Code, section 13532(c). E. The proposed signing is not weather resistant or durable. Evidence to Consider: The proposed signs contain as steel frame with a plexiglas face which is a weather resistant, durable material requiring minimal maintenance. NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the city of Encinitas that Design Review Application 89-241 DR is hereby approved subject to the following conditions: 8 MB/05/CR06-412wp5 (11-30-89\1) . , \. 8 A. This approval will expire in two years, on December 4, 1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. D. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit. E. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. F. Upon a showing of compelling public necessity 8 demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or . delete conditions and regulations contained in this permit. G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the acti vi ty authorized by this permit. H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. I. Approval of this request shall not waive compliance with any sections of the zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. J. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived here. 8 MB/05/CR06-412wp5 (11-30-89\1) . 'L 8 K. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. L. Permits from other agencies will be required if applicable as follows: a. Coastal Commission M. Project is approved as submitted/modified as evidenced by the plan dated October 12, 1989 received by the City of Encinitas on October 12, 1989 and signed by a City Official as approved by the New Encinitas Community Advisory Board on December 4, 1989 and shall not be altered without Planning and Community Development Department review and approval. N. Prior to building permit issuance, the applicant shall submit a letter from the Fire District stating all plan review fees have been paid. o. The nonconforming wall signs and roof signs, per Section 30.60.150.3c of the zoning code, are to be removed 15 8 years from the date of adoption of the current regulation or by October 25, 2004, or be brought into conformance with the regulations of the code. . BE IT FURTHER RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that: (1) This project was found to be exempt from environmental review, Section 15301(g) of CEQA. 8 MB/05/CR06-412wp5 (11-30-89\1) . L 8 PASSED AND ADOPTED this 4th day of December, 1989, by the following vote, to wit: AYES: Boardmembers Colgan, Patton, White, Beck, and Quinn NAYS: None ABSENT: None ABSTAIN: None I CJhR CHARLES COLGAN, C rman of ¡ '='01, the New Encinitas rnrnunity Advisory Board - ATTEST: oJ ð 8 ~ 60 ç-~ LI DA S. NILES / . Associate Planner 8 MBj05jCR06-412wp5 (11-30-89\1) .,. " ',," 8 ATTACHMENT "A" NEW ENCINITAS COHMUNITY ADVISORY BOARD RESOLUTION NO. NE89- 1 3 CASE NO. 89-241 DR That portion of the Southwest Quarter of the Northeast Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the point of intersection of the center line of Parcel No. 63537 as described in a deed to the County of San Diego, recorded February 21, 1964 as File No. 33166 of Official Records (Road Survey Number 458) with the center line of Parcel No. 66476 (Road Survey No. 1802, as described in deed to County of San Diego, recorded August 10,1967, as File No. 119394) thence Westerly along the center line of Road Survey No. 458, a distance of 238.0 feet; thence Southerly parallel with the center line of Road Survey No. 1802 a distance of 226.0 feet; thence Easterly parallel with the center line of Road Survey No. 458, a distance of 238.0 feet; thence Northerly along the center line of Road Survey No. 1802, a distance of 226.0 feet to the point of beginning. Subject to the rights of the public and the County of San Diego, 8 in and to that portion of the above described property lying within the boundaries of Road Survey Nos. 458 and 1802, being the I Northerly 51 feet and Easterly 63 feet thereof. 8 MB/05/CR06-412wp5 (11-30-89\1)