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