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1993-08 8 ATTACHMENT nAn DRAFT RESOLUTION NO. NE-93-~~ A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A VARIANCE REQUEST FOR 140 SQUARE FEET OF WALL SIGNAGE AND A KINOR USE PERMIT FOR A 12 FOOT HIGH MONUMENT SIGN FOR PROPERTY LOCATED AT 501 NORTH EL CAMINO REAL (CASE NO. 93-218 KIN/V) (APN: 257-470-03) WHEREAS, the San Diego County Credit Union / Jeff Parshalle applied for Variance approval pursuant to Municipal Code Chapter 30.78 for a Wall Sign to exceed the 1:1 ratio and the "not to exceed 100 square foot" requirement by 40 square feet, and for a Minor Use Permit pursuant to Municipal Code Chapter 30.48 to allow for a 12 foot high monument sign, and for review of the Drive Through ATM locations for a related case (#93-061 DR) for property located at 501 North EI camino Real, legally described as: LOT 3 OF ENCINITAS TRACT NO. 4255, IN-THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11909, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1987. . WHEREAS, the New Encinitas Community Advisory Board conducted a Public Hearing on the application requests on December 6, 1993 and considered without limitation: 1. The Agenda Report for the December 6, 1993 New Encinitas CAB meeting; 2. The Minor Use Permit and Variance applications, the Statement of Justification, the Elevation and site Plans and other related material dated received by the City on October 26, 1993; 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 required findings pursuant to section 30.74.070B and Section 30.78.030D of the Encinitas Municipal Code: (See Attachment "1") 8 CD/mmb/SR93218.NE1(12-6-93) 8 NOW THEREFORE, BE IT RESOLVED that the applications for Variance approval and for a Minor Use Permit are hereby approved subject to the following conditions: A. STANDARD CONDITIONS: 1. This approval will expire on December 6, 1995, two years after the approval of this project, 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. 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. 8 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 site plan on file with the Community Development Department. B. ADDITIONAL CONDITIONS: 1. The Minor Use Permit and Variance are approved as set forth on the plans received by the City with the application material on October 26, 1993 consisting of two sheets showing the Exterior Elevations and the site Plan which are on file with the Department of Community Development. 8 CD/mmb/SR93218.NE1(12-6-93) 8 2. Future tenant wall signs shall be consistent with each other in color and material, shall conform to the approved plans, shall complement the exterior building materials and shall be submitted for approval by the Community Development Department prior to their installation. 3. The location of the drive through Automated Teller Machines (ATMs) shall be as indicated on the site Plan received with this application (see related case #93-061 DR). The height of the ATMs shall not exceed four feet to allow for visibility from EI camino Real. 4. The property owner shall cause to be recorded a Covenant regarding real property which sets forth this grant of approval. The Covenant shall be in form and content satisfactory to the Director of Community Development. BE IT FURTHER RESOLVED that the New Encinitas Community Advisory Board, as Lead Agency and in their independent judgement, finds this project to be exempt from Environmental Review pursuant to Section 15311(a) of the CEQA Guidelines since the project is for minor accessory structures (on-premises signs) which are not subject to Environmental Review. PASSED AND ADOPTED this 6th day of December 1993, by the . following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Virginia Felker, Chair of the New Encinitas Community Advisory Board, City of Encinitas ATTEST: Craig R. Olson, Assistant Planner 8 8 ATTACHMENT nln RESOLUTION NO. NE-93- - Findings Pursuant to Chapter 30.74.070 (Use Permits) of the Encinitas Kunicipal Code: 1. The location, size, design and operating characteristics of the proposed project will be compatible with and will not adversely affect and will not be detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The adequacy of public facilities, services and utilities to serve the proposed project; b. The suitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city. Facts: The application is a request for a Minor Use Permit for a Monument Sign to exceed the "permitted by right" height of 8 feet to 12 feet. 8 Discussion: The applicant contends that the additional height for the monument sign is justified to complement the scale of the structure and due to the location of the property at a major street intersection. Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the location of the property and the design of the structure is compatible with the proposed monument sign and that the project will not be detrimental to adjacent uses, residences, buildings, structures or natural resources. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. Facts: The applicant has applied for a Minor Use Permit for the Monument Sign to exceed the "permitted by right" height of 8 feet to 12 feet. Discussion: No evidence to indicate that the monument sign would be out of scale with the approved structure or that the sign would be inconsistent with the location of the property since the property is located at a street intersection has been found. The applicant has applied for a Minor Use Permit 8 for the Monument Sign, as provided for by the Municipal Code, 8 to allow the monument sign to exceed the "permitted by right" height of 8 feet to 12 feet. Further, no evidence has been found that the project would adversely affect the policies of the General Plan. Conclusion: The New Encinitas Community Advisory Board can identify no policies of the General Plan that would be adversely affected by the proposed monument sign and has determined that the sl.gn is appropriate for the scale and location proposed. All other requirements of the Office Professional (OP) Zoning District are satisfied by the project design. 3. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Facts: The monument sign is a permitted use in the Office Professional Zone at a height of 8 feet. A height of 12 feet is permitted with Minor Use Permit approval. Discussion: No evidence in the material reviewed during the processing of the application that would indicate that additional 4' in height would not comply with regulations, conditions or policies of the Municipal Code has been found. Conclusion: Since Zoning Standards allow for monument sign at 8 a height of 12 feet upon the approval and issuance of a Minor Use Permit, and the project conforms in all other aspects of the Standards of the Office Professional Zoning District, the Community Advisory Board finds that all regulations, conditions and policies of the City's Municipal Code are satisfied. e 8 Findings Pursuant to Chapter 30.78. (Variance) of the Encinitas Municipal Code: A. A variance from the terms of the zoning ordinance shall be granted only when, because of the special circumstance 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 an identical zoning classification. Facts: The proposal is to allow wall signs to exceed the one square foot per one linear foot of footage of the structure on the side where the main entrance to the building is located pursuant to Section 30.60.100D of the Municipal Code. The proposal is for a maximum of 140 square feet. The building is located on a corner lot at the intersection of Garden View Drive and EI Camino Real and has two building elevations fronting these streets. Discussion: The structure is located on a corner lot which increases the length of the building fronting a street. The applicant contends that the Variance for an additional 40 square feet beyond the 100 square feet permitted by Code for wall signage is necessary due to the fact that four tenant spaces will be rented in the building and adequate signage . opportunity for future tenants is required. In addition, the name "San Diego County Credit Union" contains 25 letters as opposed to a more typical range of 12 to 15 letters (ie: "The Olive Garden" contains 14 letters). Conclusion: The New Encinitas Community Advisory Board finds, therefore, that due to the size of the structure (15,576 square feet), the location of the structure on a corner lot and the amount of visible exterior elevations to major streets, and the need for signage to identify future tenants, a variance is warranted for this particular situation. 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: Wall signs are a permitted use in the Office Professional Zoning District. Discussion: If the wall signage were to adhere to the standard area permitted by the Sign Ordinance, 100 square feet of allowable sign area would need to be divided among the San Diego County Credit Union and four future tenants (Le.: 20 . 8 square feet of sign area each). The number of letters needed to identify the Credit Union use is more than the typical number of letters for other uses and the location of the structure on a corner lot at a street intersection increases the number of visible exterior elevations. Conclusion: Therefore, the Board finds that granting approval of the requested variance would not unnecessarily constitute a grant of special privilege to the applicant in that wall signs are a permitted use in the Office Professional Zone and special circumstances exist that require additional signage area to identify future uses. The additional signage area will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated since wall signs to adequately identify uses are permitted for all businesses within the Office Professional Zoning District by the Sign Ordinance. Therefore, no special conditions are necessary.. 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 proposal is to allow wall signage to exceed the permitted one square foot per linear foot of store frontage on . the side where the main entrance to the building is located and the "not to exceed 100 square feet" requirement to a maximum of 140 square feet. Discussion: The use of wall signs is a permitted use in keeping with the Office Professional zone. Conclusion: The granting of this variance would not authorize a use or activity not expressly authorized by the zoning regulations governing this property since wall signage is permitted in the Office Professional Zoning District. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zone 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 var1ance. 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 8 8 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 proposal is to allow wall signage to exceed the permitted one square foot per linear foot of building frontage on the side where the main entrance to the building is located and the "not to exceed 100 square feet" requirement to a maximum of 140 square feet. To identify the Credit Union use and future tenants, a need exists to place adequate signage at locations that are visible to the public from adjacent streets fronting the structure. Discussion: An alternate development plan is not feasible since the structure is located on a corner lot at a major street intersection and two building elevations have street frontage for the 15,576 square foot Credit Union building. To divide the allowable 100 square feet of signage area permitted by the Sign Ordinance on these elevations for the Credit Union and four future tenants would result in inadequate signs that could not be easily identified from the streets fronting the structure. The wall signs are proposed to be located on the building as follows: 30 square feet of signage on the east elevation (10 square feet for the entrance to the credit union and two signs at 10 square feet each for future tenants), . linear footage on east elevation is 114 linear feet; 10 square feet of signage on the north elevation (credit union entrance), linear footage on the north elevation is 117 linear feet; 34 square feet of signage on the west elevation (San Diego County Credit Union and logo), linear footage on the west elevation is 121 linear feet; and 66 square feet of signage on the south elevation (24 square feet for the San Diego County Credit Union and 2 signs at 21 square feet each for future tenants), linear footage on the south elevation is 117 linear feet. Total square footage of signs is 140 square feet. Conclusion: The New Encinitas Community Advisory Board has determined that an alternate development plan is not feasible since the square footage for signage permitted by the Sign Ordinance would be inadequate in this particular situation. Based upon evidence in the Administrative Record, the Board is not of the opinion that the variance is self-induced, constitutes a rezone nor would authorize a public or private nuisance as there is adequate space on the structure and two exterior building elevations fronting onto major streets to accommodate the proposed signage area. 8