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1993-04 . RESOLUTION NO. NE 93 -004 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A VARIANCE REQUEST FOR AN ADDITIONAL MONUMENT SIGN ON EL CAMINO REAL AND MINOR USE PERMIT TO EXCEED THE PERMITTED 8' HEIGHT TO A MAXIMUM HEIGHT OF 12' FOR A MONUMENT SIGN ON EL CAMINO REAL AND TO DENY THE MINOR USE PERMIT REQUEST FOR A 12' MONUMENT SIGN ON VIA MOLENA AND TO PERMIT THE REFURBISHMENT OF AN EXISTING 16' HIGH MONUMENT SIGN ON EL CAMINO REAL FOR PROPERTY LOCATED AT 200 NORTH EL CAMINO REAL (WEIGAND PLAZA II) (CASE NO. 93-037 V/MIN) WHEREAS, John Burnham/Weigand Plaza II applied for a Variance (Chapter 30.78) and Minor Use Permit (Chapter 30.74) for variance to Section 30.60.100C Monument Signs of the City of Encinitas Municipal Code to allow an additional monument sign on EI Camino Real and a Minor Use Permit to allow monument signs to exceed the 8' height to a maximum height of 12' and for the refurbishment of . the existing 16' high monument sign for property located at 200 North EI Camino Real (Weigand Plaza II), and legally described as follows: All of Parcel 3 of Parcel Map No. 4274 in the 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. TOGETHER with that portion of Parcel 4 of said Parcel Map No. 4274 lying Northerly of the Southerly line of Via Molena Drive. WHEREAS, a public hearing was conducted on application No. 93-037 V/MIN on April 12, 1993 by the New Encinitas Community Advisory Board, at which time all persons desiring to be heard were heard; and, WHEREAS, evidence was submitted and considered to include without limitation: . . a. Site plan and elevations consisting of three pages submitted by the applicant and dated received by the City on March 11, 1993. b. Written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff report (93-037 V/MIN) dated April 2,1993 which is on file in the Community Development Department; and e. Additional written documentation. WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.78, of the Encinitas Municipal Code: (See Attachment "A") NOW, THEREFORE, BE IT RESOLVED THAT the application for Variance/Minor Use Permit 93-037-V/MIN is hereby approved with the following conditions: . ( 1) Building Department: Plans shall be submitted to the Building Department for plan check approval. A complete plan check will be done when plans are submitted to the Building Department. (2) Fire Department: Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. Address numbers shall be clearly visible from the street fronting the structure. ( 3) If substantial construction has not been completed in reliance upon a granted variance within two years (pursuant to Municipal Code Section 30.78.060) of the grant, then upon notice to the property owner, and an opportunity to present information to the Community Development Director, the Director may declare the variance to have expired with the privileges granted thereby canceled. ( 4) In the event that one or more of the conditions imposed on the variance is violated, the Director, upon notice and an opportunity to present information, may revoke the variance or impose additional conditions. . -- - . ( 5) The approved project shall conform to plans dated received by the City of Encinitas on March 11, 1993, and reviewed and approved by the New Encinitas Board on April 12, 1993. ( 6) Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government Agencies. ( 7) The monument sign located on Via Molena is to maintain a maximum height of 8'. The 8' monument sign on Via Molena shall conform to the plan submitted to the Board at their April 12, 1993 meeting. ( 8) Page 8 of the existing sign program "Note of Clarification" to be removed and replaced with the following: "No additional monument signs are permitted under this sign program. The existing monument signs are approved as follows: The monument sign at the southerly access to maintain a maximum height of 16' and to be utilized for tenant signage. The monument sign located at the northerly access to maintain a maximum height of 12' and to be utilized as the AMC theater marque. The monument sign located on Via Molena to maintain a maximum height of 8'. All monument signs are to be consistent in color as stated in case #93-037V/MIN." . Modification of the existing sign program is to be completed prior to obtaining building permits. ( 9) A proponent or protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. (10) All illegal signs on the street frontages of the property (EI Camino Real and Via Molena) and within the plaza are to be removed or brought into conformance with the revisions of the sign ordinance within 15 working days of the approval of the application. (11) The plaza is to be painted to match the colors of the monument sign prior to finalization of the building permit. BE IT FURTHER RESOLVED, that the Board finds this project to be exempt from Environmental Review pursuant to Section 15311 (a) of CEQA. . . PASSED AND ADOPTED this 12th day of April, 1993, by the following vote, to wit: AYES: Beck, DeGaillez, Edde, Felker, Wilkey NAYS: None ABSENT: None ABSTAIN: None P:;£ ~L Cindy B k, Chairperson of the New' ncinitas Community Advisory Board ATTEST: . ~we.u(J~ Craig R. Olson, Assistant Planner . . ATTACHMENT "A" Case 4/: 93-037 V/MIN John Burnham/Weigand Plaza Findings: What follows are the findings of fact the Board must make to approve the variance request pursuant to Zoning Ordinance Section 30.78.030 and Section 30.74.070: A. A variance from the terms of the zoning ordinances 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 proposal is to allow an additional monument sign on EI Camino Real. The linear frontage of the property is 690'. One monument sign per street frontage is permitted at one square foot per linear foot of street frontage. Discussion: . There is adequate space at the front of the property for the additional monument sign. The existing monument sign which is to be refurbished, is located at the most southerly access to the property. The proposed monument sign is located at the most northerly access. Minimum lot width for commercial property is 100'. The lot width of this property is 690 feet so therefore contains adequate frontage for an additional monument sign. Further, the proposed square footage of the monument sign is 102 square feet, which is below the maximum 175 square feet. . Conclusion: The New Encinitas Community Advisory Board finds that due to the proposed location of the monument sign which is approximately 360' from the existing monument sign, the variance is warranted. Further, the monument sign at the northerly access would be utilized by the AMC theater as a movie marque, the existing monument sign would be used for the tenants in the plaza. 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: Monument signs are a permitted use in the General Commercial Zone. The additional monument sign will exceed the permitted one monument sign per street frontage. The square footage of the monument sign is 102 square feet. Discussion: Monument signs are a permitted use, the size of the monument sign is based on the amount of linear frontage of the property not to exceed 175 square feet. Other properties in the vicinity utilize monument signs for tenant identification and therefore does not constitute a grant of special privileges. Conclusion: The Board finds that granting approval of the requested variance would not unnecessarily constitute a grant of special privilege to the applicant in that monument signs are a permitted use in the General Commercial zone. . Further, the lot width is 690 feet and contains a large separation between the two monument signs. 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 an additional monument sign on El Camino Real which exceeds the one monument sign per street frontage requirement. Discussion: The use of monument signs is a permitted use in keeping with the General Commercial zone. Conclusion: The Board finds that the granting of this variance would not authorize a use or activity not expressly authorized by the zoning regulations governing this property since the use is permitted in a General Commercial Zone. . . 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 variance. 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 proposal is for an additional monument sign on EI Camino Real which will exceed the one monument sign per street frontage allotment. The additional monument sign will identify the movies at the AMC theater located in the plaza, the existing monument sign will identify the . other tenants in the plaza. Discussion: An alternate development plan is not feasible as the plaza needs additional signage at the front of the property for the theater and the tenants. The in-line stores and the theater are set back in the plaza and are not afforded the visibility from EI Camino Real as those businesses closer to the street. Further, it is more convenient to have the movies posted at the front of the plaza as opposed to the customers driving into the parking lot to see what is playing at the theaters. Conclusion: The New Encinitas CAB has determined that an alternate development plan is not feasible as additional signage is needed at the front of the property for the tenants and the theaters and the there is adequate frontage on the property for the additional monument sign. 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 to accommodate the proposed sign. . ---- . WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74 of the City of Encinitas Municipal Code for the monument sign on El Camino Real to exceed the 8' height to a maximum height of 12': 1. The location, size, design or 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. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or . 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. Facts: The application is for a monument sign to exceed the 8' height requirement for a maximum height of 12' for monument sign on El Camino Real. Conclusion: The proposed sign will match the refurbished existing sign on El Camino Real. The existing sign is 16' high, the 12' high monument sign will be consistent with this sign. The public services and facilities are available for the proposed project as this is an existing plaza. Monument signs are permitted uses in the general commercial zone, and there is adequate frontage on El Camino Real for the 12' high sign. All plazas in the area have monument signs at the entrance to their property. No evidence has been presented to indicate that the project would have any harmful effects upon the environmental quality and/or natural resources of the City. . . WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74 of the City of Encinitas Municipal Code denying the 12' high monument sign on Via Molena, and to maintain the permitted 8' height: 1. The location, size, design or 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. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or . 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. Facts: The request for a monument sign located on Via Molena to exceed the permitted 8' height requirement to a maximum height of 12'. There are two monument signs proposed along EI Camino Real for this plaza that advertise movies and tenants, these signs exceed 8'. Conclusion: The Board finds that there is adequate signage along EI Camino Real that is over 8' in height to preclude the need for a 12' high monument sign on Via Molena. Via Molenae does not lend itself to a monument sign over 8' in height since the traffic is less than that on EI Camino Real. An 8' high monument sign is adequate for the site on Via Molena. One monument sign per street frontage is permitted pursuant to the Municipal Code. .