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.
.
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. 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.
.