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:-
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Greg Graj , Chairman 0
the New Encinitas Comm
Advisory Board
ATTEST:
~~-L
craig R. Olson, Assistant Planner
.