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1994-03 . RESOLUTION NO. NE-94-03 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A DESIGN REVIEW PERMIT AND VARIANCE REQUEST FOR THE REMODEL OF AN EXISTING BUILDERS EMPORIUM TO A VONS SUPERMARKET AND FOR A TOTAL OF 164.23 SQUARE FEET OF WALL SIGNAGE FOR PROPERTY LOCATED AT 262 NORTH EL CAMINO REAL (CASE NO. 94-057 DR/V; APN: 259-121-21) WHEREAS, Vons #807 / Gerald Munier & Associates applied for Design Review Permit approval pursuant to Municipal Code Chapter 23.08 and for Variance approval pursuant to Municipal Code Chapter 30.78 for wall signage to exceed the "not to exceed 100 square foot" requirement to 164.23 square feet of wall signage for property located at 262 North EI Camino Real and legally described as follows: PARCEL 2 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. WHEREAS, the New Encinitas Community Advisory Board conducted . a Public Hearing on the application requests on July 19, August 16 and September 20, 1994 and all those desiring to speak did speak and the Board considered without limitation: 1. The Agenda Reports for the May 17, 1994 (continued off calendar), the July 19, August 16 and September 20, 1994 New Encinitas CAB meetings; 2. The Design Review Permit and Variance applications, the Statement of Justification, the Elevation Plans, Floor Plans, and site Plans (three sheets) dated received by the city on April 27,1994; and the revised Elevation and site Plans dated received by the City on June 24, 1994 (two sheets); the revised site Plan and Building Elevation Plan (two sheets) dated received by the City on July 14,1994, and the Site Plans marked "Vons Plan" and "city Plan" consisting of one sheet, each dated received by the City on September 13, 1994; 3. The adopted General Plan, Zoning Code and associated Land Use Maps; 4. written evidence and oral testimony received at the Public Hearing; and . cd\cro\sr94057.ne4(O8-31-94) . WHEREAS, the New Encinitas community Advisory Board made the required findings pursuant to section 23.08.070 (et. seq.) and section 30.78.030 of the Encinitas Municipal Code: (See Exhibit "1") NOW THEREFORE, BE IT RESOLVED that the applications for Design Review Permit and Variance approval are hereby approved subject to the following conditions: A. STANDARD CONDITIONS: 1. This approval will expire on September 20, 1996, two years after the approval of this proj ect, unless Building Permits have been issued and 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. 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. . 4. 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. 5. In the event that any of the conditions of this permit are not satisfied, the 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. 6. Upon a showing of compelling public necessity 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. 7. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit and the application plans on file with the Community Development Department. 8. The developer shall pay development fees at the established rate. Such fees may include, but shall not be I imi ted to: Permit and Plan Checking Fees, School . cd\cro\sr94057.ne4(O8-31-94) . Fees, Water and Sewer Service Fees, Traffic Impact Fees, and Drainage 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. 9. The developer shall obtain all required permits from other concerned governmental agencies including, but not limited to, the California Coastal Commission. 10. The property owner shall cause to be recorded a Covenant regarding real property which sets forth this grant of approval and the conditions herein. The Covenant shall be in form and content satisfactory to the Director of Community Development. B. ADDITIONAL CONDITIONS: 1. The Design Review Permit and Variance are approved as set forth on the plans received by the City with the application material on April 27, 1994 consisting of three sheets showing the site Plan, Floor Plan, and the Exterior Elevations; and the Revised site and Elevation Plans consisting of two sheets and dated received by the city on June 24,1994; and the Revised site and Elevation Plans consisting of two sheets and dated received by the . City on July 14, 1994; and the revised plan for street improvements to Via Montoro identified as the "Vons Plan" dated received by the city on September 13, 1994 which are on file with the Community Development Department. 2. Wall signs shall be consistent with each other in color and material, shall conform to the approved plans indicating 164.23 square feet of area, shall complement the exterior building materials and shall be submitted for Building Permit review and issuance prior to their installation. The Panda Express restaurant has 17.92 linear feet of frontage within the store and is, therefore, entitled to 17.92 square feet of wall sign area. 3. Within 90 days of this approval, the applicant shall submit revised drawings and amendments for Sign Program #91-204 SPRO for the subject shopping center. Said Sign Program amendments shall contain drawings of the Vons Supermarket signage and a copy of this Resolution of Approval. 4. The square footage of all wall signs, including permanent window signs, shall not exceed 182.15 square feet and . shall conform to the plans approved by the Community . Advisory Board. 5. All roof and ground mounted mechanical equipment shall be screened from view adjacent to the structure to the satisfaction of the Community Development Director. Trash bin areas shall be enclosed with decorative block walls or other material acceptable to the Community Development Director and shall be provided view obscuring gates. 6. Exterior illumination of the structure shall be shielded so as not to cause glare spill-off into the parking area, onto private property, or into the public right-of-way. 7. Landscape plantings shall be implemented as shown by the approved site Plan and the plant materials shall be maintained in a heal thy and growing condition at all times. An automated irrigation system for the landscaping shall be in place and maintained in an orderly working condition prior to occupancy of the remodeled structure. 8. To provide for the dual left turn lanes on northbound EI Camino Real at the Via Montoro intersection, improvements to via Montoro shall be completed in conformace with the . plans identified as the "Vons Plan" dated received by the City on September 13, 1994. At a minimum, a left turn lane from Via Montoro into the westerly entry to the subj ect property shall be provided to the satisfaction of the City Engineer. The interior access lane to Kentucky Fried Chicken and Boston Chicken shall be improved with a "porkchop" island to prevent vehicles from turning left or proceeding straight where the access lane intersects the interior access lane from the Mountian Vista/EI Camino Real intersection. The speed bumps on the access lane, the portland cement concrete curb and two compact parking stalls on the north side of the Wherehouse shall be removed pursuant to the site Plan dated received by the City on September 13, 1994. All street trees and ground cover landscaping within the parkways adjacent to the improved street shall be replaced. The above improvements shall be completed prior to a certificate of Occupancy being issued. 9. As agreed to by the Vons Companies, Inc. (as evidenced by the letter dated September 15, 1994) the applicant has agreed to implement the mitigation measures contained in the Gordon Bricken & Associates Acoustical Study dated September 7, 1994. The study is on file in the Community Development Department. The following mitigation . . measures must be completed prior to a certificate of Occupancy being issued. Mitigations which are ongoing must be reflected in a standard form Covenant and recorded in the office of the County Recorder, together with this Resolution of Approval. The mitigation measures are as follows: (a) A "No Horn Blowing" sign shall be posted in the drive behind the Vons store; (b) A mirror shall be installed at the southwest corner of the drive to aid drivers in seeing around the corner; (c) The access drive shall be designated "One Way" from the south to the north; (d) Speed bumps within the delivery truck access areas shall be removed; (e) The non-trailer loading doors shall be located on the south side of the warehouse as far east of the truck well as possible; (f) The driveway pavement west of the truck well shall be striped to indicate the stopping point for trucks backing into the well and a sign shall be painted on the pavement (or posted adjacent to the stripe) instructing drivers not to proceed farther to the west; (g) A sign shall be posted adjacent to the delivery well notifying drivers that all truck and/or trailer refrigeration compressors shall be shut off within ten minutes of arrival; (h) Delivery hours within the driveway area shall be limited to between the hours of 7 a.m. to 10 p.m.; (i) A sign shall be posted in the delivery area instructing drivers to "Turn Off Engines"; . (j) The overnight parking of trailers in the driveway is prohibited; (k) Noise reduction screening around roof mounted machanical equipment shall be erected; and (I) The fences at the top of the slope adjacent to residences shall be inspected for acoustical integrity to assure a five foot height and surface weight of at least 3.5 pounds per square inch. Should new fences/walls be required to achieve this acoustical integrity, they shall be constructed of stained wood or a decorative block material. Maintenance of the fence/wall shall be the responsibility of Vons and/or the property owner to the satisfaction of the Community Development Director. 10. The trash compactor area shall be totally enclosed. Pick-up of the compacted waste shall be made during weekday daylight hours. 11. Delivery trucks shall be restricted to streets designated as Truck Routes. 12. Outdoor public address or voice amplification systems are prohibited. . . C. FIRE PREVENTION DISTRICT: The developer shall contact the Fire Protection District regarding compliance to the following conditions: 1. ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District standards. Note: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be affixed to this marker. 2. FEES: Prior to Final Occupancy, the applicant shall submit to the Community Development Department a letter from the Fire Protection 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. BE IT FURTHER RESOLVED that the New Encinitas community Advisory Board, as Lead Agency and in their independent judgement, adopts a Negative Declaration for this project pursuant to CEQA Guidelines as recommended by the extended Environmental Initial Assessment prepared by A.D. Hinshaw Associates and dated June 30, . 1994. Mitigation measures were required for this project as evidenced by the addendum to the initial study dated September 12, 1994 and on file in the Community Development Department. The mitigations have either been incorporated as conditions or shown on the project plans. The project will have a "De Minimis Impact" pursuant to Section 711.2 of the State Fish and Game Code and staff is directed to make findings that the project will not impact wildlife or its habitat. . . PASSED AND ADOPTED this 20th day of September 1994, by the following vote, to wit: AYES: Edde, Beck, Van Reusen, weinstein, Felker NAYS: None ABSENT: None ABSTAIN: None ~~ ./ ",.- V,-., inia Felker, Chair of the New Encinitas Community Advisory Board, City of Encinitas . ATTEST: C-t <- C . J;.7~ Craig R. Olson Assistant Planner . . EXHIBIT nllt RESOLUTION NO. NE-94-03 Findings Pursuant to section 23.08.070 (et. seq.) of the Encinitas Municipal Code: Design Review Permits (1) The project design is consistent with the General Plan, or Specific Plan and the provisions of the Municipal Code. Facts: The supermarket use is a permitted use within the General Commercial Zoning District. The exterior modifications to the existing structure would not create any significant additional square footage to the structure nor require provisions for additional parking spaces other than those which exist for the commercial center. Discussion: The application requests additional wall signage area for the subject structure in addition to the 100 square feet permitted by Code. Although no additional parking stalls are required for the remodel, the applicant has designed the proj ect to increase available parking stalls by 4 spaces. Findings for Variance approval for the additional wall signage area are made as evidenced below. Available evidence has not . identified any other aspect of the submitted project which does not comply with Zoning Code standards or General Plan Policies. Conclusion: The New Encinitas Community Advisory Board finds, therefore, that the design of the project conforms to the policies and standards of the General Plan and Municipal Code accept as approved by Variance. (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 Securi ty. The proj ect proposes to remodel an existing structure within a built shopping center. All aspects of site Design, Landscape Design and Privacy and Security will remain unchanged. Building Design issues affecting the remodel include consistency of the building's design with the architectural style of other buildings within the shopping center, variety and use of exterior building materials, and the screening of roof and ground mounted mechanical equipment. Discussion: The remodel proposes to add a truck delivery ramp and loading facilities to the rear of the structure and the . . front of the structure would be redesigned to extend the tile roof overhang and breezeway across approximately three-fourths of the building's northerly frontage. Exterior colors and the extended tile roof overhang and breezeway are proposed to match the existing colors on adjacent buildings within the shopping center. A mansard wall will project above the tile roof overhang to provide the background for proposed wall signage. Tile treatment will be implemented on the front exterior wall and columns. Landscaped planting areas will be added along the west side of the building's frontage and along the pedestrian ramp on the east side of the building's frontage. Approval of the application request requires the screening of all roof and ground mounted mechanical equipment. Sign design relates to the Design Guideline issue that "Signs shall be of a size and scale with the building to which it is attached". Design Guidelines 23.08.074 G and H require that interior circulation, access and egress will not have an adverse impact on traffic conditions on the property and on adjacent streets. Conclusion: The remodeled structure will incorporate the tile roof accent which is a common design feature throughout the subject shopping center. The building's remodeled design is consistent with the architectural style of other buildings within the shopping center. Signage is harmonious to the remodeled structure in that the structure and the signs are of . a size and scale that is compatible with the building to which they are attached. The sign colors are compatible with other signage on structures within the shopping center. The applicant has provided dual left turn lanes from northbound EI Camino Real as requested by the City. Therefore, the New Encinitas Community Advisory Board finds that the project design 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 existing shopping center in that no significant square footage to the existing structure is proposed by the remodel and all access and utility services to the shopping center are currently in place. Discussion: No evidence has been submitted to indicate that the project design would adversely 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. . . (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 wi thin 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 permit additional wall signage area beyond the standard square footage permitted by the Sign Ordinance. The Sign Ordinance (Muni. Code section 30.60. 100D 1) reads: "The maximum area for wall signs, including permanent window signs, on a single building exterior shall be calculated as: One sq. ft. per linear foot of building on the same side where the maln entrance to the establishment is located with a maximum of 100 square feet". In accordance with this Code Section, a maximum of 100 square feet of wall signage would be permitted. Municipal Code Section 30.54.020 A3 reads: "...Existing parking shall not be reduced below current standards". Discussion: The applicant contends that a limit of 100 square . feet of wall signage for this particular location and building is not justified since the building has 275.3 feet of linear frontage and other uses such as a deli/bakery, a floral shop, a pharmacy, and a future bank. The Code limits signage to the linear distance of the building's frontage or 100 square feet, whichever is less. If each of the ancillary uses within the store (i.e.: deli/bakery, pharmacy, bank, etc.) had their own individual frontage, it could be assumed that more than 100 square feet of signage would be allowed by Code along the 257 linear feet of the store's frontage. In addition, signage is proposed for the Panda Express restaurant at 17.92 square feet. The applicant contends that the restaurant has 17.92 linear feet of frontage within the store and is, therefore, entitled to 17.92 square feet of sign area. Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the additional signage area is necessary to properly identify the multiple uses within the structure and that the Variance is justified. (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 additional signage area beyond the signage area permitted by the Sign Ordinance. Discussion: Review of the application indicates that no condi tions beyond those conditions normally applicable to Variance approval are necessary to assure that the Variance would 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. Conclusion: Therefore, the Board finds that the Variance is warranted due to the particular circumstances of the subject structure discussed above and 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 since similar circumstances may constitute grounds for Variance approval on other impacted properties. (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 General Commercial Zoning District permits supermarket uses as a right. . Discussion: The project proposes the remodel of an existing commercial structure to convert it to a similar but different type of retail sales use. Conclusion: Therefore, the 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 varl.ance; 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 Code except for the additional square footage for signage as discussed in the Agenda Reports prepared for this application request. Discussion: The project design is compatible with similar commercial development in the area. This Variance approval has been conditioned to ensure compliance to all adopted development standards other than the sign area (square footage) limitations which are the subject of this Variance. An alternate development plan to limit wall sign square footage would not adequately identify the interior uses within the remodeled structure. The Variances are not self-induced as a result of an action taken by the property owner or the owner's predecessor since the structure to be remodeled is existing and additional signage is required to adequately identify the uses within the store. The Variance does not constitute a rezoning or other amendment to the Zoning Code since a supermarket use is permitted by right in the General Commercial Zoning District. . No evidence has been submitted to indicate that any private or public nuisance exists on the property. Conclusion: Therefore, the 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. 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. .