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.
.