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1992-01 . RESOLUTION NO. NE 92-01 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT REQUEST TO ALLOW A MONUMENT SIGN TO EXCEED THE PERMITTED 8' HEIGHT TO A MAXIMUM HEIGHT OF 12' FOR PROPERTY LOCATED AT 1443 ENCINITAS BOULEVARD (CASE NO. 91-214 MIN) WHEREAS, Promotional signs Unlimited applied for a Minor Use Permit in accordance with Chapter 30.74 Use Permits and section 30.60.100 Signs of the City of Encinitas Zoning Ordinance to allow a monument sign to exceed the permitted 8' in height to a maximum of 12' in height for property located at 1443 Encinitas Boulevard legally described as follows: SEE ATTACHMENT 'A' WHEREAS, a public hearing was conducted on application . No. 91-214 MIN on January 6, 1992 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 to include without limitation: a. site plan and elevations consisting of three pages submitted by the applicant and received by the City on December 11, 1991. 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 (91-214 MIN) dated December 16, 1991 which is on file in the Department of Planning and Community Development; and e. Additional written documentation. . mmb\91-118.7-10-91 . WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74, of the Encinitas Municipal Code: 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. Evidence: Public services and facilities are available for the proposed project as this is an existing building. The property is suitable for the proposed monument sign as monument signs are expressly permitted in all commercial zones and may be approved for a maximum height of 12' upon issuance of a Minor Use Permit. Further, due to the slope of the front portion of the property, there is no other location suitable to erect the monument sign. Also, per section 30.60.100 of the Municipal Code, signs which convey information such as time and temperature are a permitted use in the commercial area. Also, 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. . mmb\91-118.7-10-91 . There are no known impacts that would adversely affect the policies of the General Plan or the provisions of the Zoning Code. The proposed project is compatible with the Land Use Map designation and Zoning Map designation for a General Commercial Zone. NOW, THEREFORE, BE IT RESOLVED THAT the application for Minor Use Permit 91-214 MIN is hereby approved subject to the following conditions: 1. Buildinq Department: Plans, including structurals and details, 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. 3. If substantial construction has not been completed in reliance upon a granted minor use permit within two years 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 minor use permit to have expired with the privileges granted thereby canceled. 4. In the event that one or more of the conditions imposed on the minor use permit is violated, the Director, upon notice and an opportunity to present information, may revoke the minor use permit or impose additional conditions. 5. The approved project shall conform to plans reviewed and approved by the New Encini tas Board and SHALL NOT be increased in height, extended beyond the limitations of the approved minor use permit, or otherwise modified beyond the approved plans and limitations of this minor use permit without prior approval by the City with the exception of the coloring of the lettering which may be changed to blue. 6. Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government Agencies. . mmb\91-118.7-10-91 . 7. The applicant 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 Planning and Community Development. 8. 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 Encini tas Municipal Code. 9. The background and trim colors of the monument sign are to be painted to match those main and trim colors of the building. Further, the concrete base of the sign is to be stuccoed and painted to match the existing building. 10. Eighteen inch high numbers shall be provided on the freestanding sign that clearly identify the address of the subject site and shall be located so as to provide maximum visibility. 11. All conditions contained in Resolution Nos. NE 91-09 and NE 91-17 shall be complied with to the satisfaction of the Director of Planning and Community Development. PASSED AND ADOPTED this 6th day of January, 1992, by the . following vote, to wit: AYES: Grajek, Beck, Weaver, Felker, Patton NAYS: None ABSENT: None ABSTAIN: None 'I' (J¿d:- Ü\~ </' Greg Graj , Chairman 0 the New Encinitas Comm Advisory Board ATTEST: ~~-L craig R. Olson, Assistant Planner .