1991-06
. RESOLUTION NO. NE-91-06
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD
APPROVING A VARIANCE REQUEST
TO INCREASE THE HEIGHT OF A LEGAL NONCONFORMING
POLE SIGN FOR PROPERTY LOCATED AT
1435 ENCINITAS BOULEVARD
(CASE NO.: 91-023V)
WHEREAS, Gregory smith and Herman Cook Volkswagen applied to
the New Encinitas Community Advisory Board for consideration of a
variance to Sections 30.60.100C4, 30.60.100C3 and 30.76.050A to
increase the height of an existing nonconforming pole sign per
Chapter 30.78 (Variance) of the Municipal Code of the City of
Encinitas; and,
WHEREAS, the property is located at 1435 Encinitas Boulevard,
and legally described as:
. (See Attachment "A")
WHEREAS, a public hearing was conducted for the Variance
request on March 4, 1991; and
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff report dated February 27, 1991;
2. The adopted General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Proposed development plans submitted by the applicant and
dated received by the City on February 12, 1991.
WHEREAS, the Community Advisory Board made the findings of
application approval of the Variance request to allow a two foot
. CO/04/CRO8-724WP5 (3-6-91-3) Page 1 of 5
j
. height increase to the 23 foot pole sign pursuant to Section
30.78.030 of the City of Encinitas Zoning Ordinance as follows:
VARIANCE (CHAPTER 30.78):
1. A Variance from the terms of the Zoning Ordinance 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 the privileges enjoyed by
other property in the vicinity and under identical zoning
classification.
Evidence: The Board finds that the message of the pole sign
is adversely impacted should the adjacent structure to the
west be remodeled in accordance with approved plans (see
Variance #91-023). Therefore, the strict application of the
Zoning Code would deprive the property owner from the
privilege of adequate sign exposure enjoyed by other property
in the vicinity.
2. 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.
Evidence: The Board finds that a condition of this variance
approval which prohibits the sign to be increased 2 feet in
height until (and in conjunction with) the construction of the
remodel to the structure to the west assures that this
variance approval is not a grant of special privilege.
3. 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.
Evidence: The Board finds that signage for the commercial
property adequately identifies the use. The existing pole
signs are legally nonconforming. However, due to the adverse
impact which would be imposed upon the sign by the increased
height of the structure to be remodeled to the west the Board
finds that the variance is appropriate to increase the
intensity of the legal nonconforming pole sign.
4. No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
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. a. 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
varlance.
b. If self-induced as a result of an action taken by the
property owner or the owner's predecessor;
c. Would allow such a degree of variation as to constitute
a rezoning or other amendment to the Zoning Code; or
d. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence: The Board finds that the current sign ordinance
limits freestanding signs to a monument type design with a
maximum height of eight feet (12 feet with a Minor Use Permit)
and insufficient area exists on the property to construct a
monument type sign that would be visible to + 90% of the
traffic volume on surrounding streets due to adjacent
structures to the west. In addition, it is found that the
message of the subject sign could not be relocated to another
area on the lot since the message "used cars" identifies the
location of a specific use on the property. Therefore, an
alternate design plan is not feasible. The Board is not of
. the opinion that the variance is self-induced, constitutes a
rezoning, or would authorize a public or private nuisance
since the pole sign is legally nonconforming and no evidence
has been submitted to indicate that the sign constitutes a
nUlsance.
Therefore, be it resolved by the New Encinitas Community
Advisory Board that Variance Application No. 91-023 V is hereby
approved and the legal nonconforming pole sign may be increased two
feet in height (from 23 to 25 feet) subject to the following
conditions:
(1) Plans submitted for building plan check shall conform to
the variance request. The nonconforming pole sign height
shall be limited to a maximum of 25 feet, or two feet
above its existing height, whichever is less.
(2) If substantial construction has not been completed in
reliance upon a granted variance within one year 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
CO/04/CRO8-724WP5 (3-6-91-3) Page 3 of 5
. variance to have expired with the privileges granted
thereby cancelled.
(3) 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.
(4) 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.
(5) The legal nonconforming pole sign may not be increased
in height until, and in conjunction with, the
reconstruction of the structure on the adjoining property
immediately adjacent to and west of, the subject sign.
(6) Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government agencies prior to building permit issuance.
PASSED AND ADOPTED this 4th day of March, 1991 by the
. following vote, to wit:
AYES: Beck, Weaver, Grajek
NAYS: Patton, Felker
ABSENT: None
ABSTAIN: None
C~ ~~
Anne Patton, Chairman
of the New Encinitas
Community Advisory Board
ATTEST: ~
~~. -v---
Craig Olson, Assistant Planner
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. ATTACHMENT "A"
LEGAL DESCRIPTION
That portion of the southeast quarter of the northeast quarter of
section 14, township 13 south, range 4 west, San Bernardino
meridian, in the county of San Diego, state of california,
according to official plat thereof, described as follows:
Beginning at the southeast corner of section 23, township 13
south, range 4 west, San Bernadino base and meridian, being at
coordinates N=312,608.08 feet and E=1,692,039.73 feet; thence
along bearings and distances based on California grid zone VI, as
follows:
North 0° 39' 30" east along the easterly line of said section,
3472.77 feet to the beginning of a tangent curve to the left
having a radius of 2000 feet; thence leaving said easterly line
northwesterly along said curve through a central angle of 28° 39'
30" a distance of 1000.36 feet; thence tangent to said curve
north 28° 00' 00" west 1578.24 feet to the beginning of a tangent
curve to the right having a radius of 2000 feet; thence northerly
. along said curve through a central angle of 28° 39' 30", a
distance of 1000.36 feet; thence tangent to said curve north 00°
39' 30" east 1989.12 feet to a point on the center line of county
road survey No. 458 (San Marcos Road). A plat of which is on
file in the office of the county engineer, said point being
engineer's station 122+91.60 distant thereon 1273.63 feet from
easterly line of section 14, Township 13 south, range 4 west, San
Bernadino base and meridian, said point also having coordinates
N=321,386.98 feet and E=1,690,893.61 feet; thence south 87° 26'
00" east along said center line 63 feet, more or less, to a point
in a line which is parallel with and 63 feet easterly measured at
right angles from that course above designated "north 0° 39' 30"
east 1989.12 feet"; thence along said parallel line south 0° 39'
30" west 200 feet to the true point of beginning:thence south 87°
26' 00" east parallel with said center line 150.00 feet; thence
north 0° 39' 30" east 200 feet to said center line; thence south
87° 26' 00" east along said center line 200 feet; thence south 0°
39' 30" west parallel with said parallel line 400 feet: thence
north 87° 26' 00" west parallel with said center line 350 feet to
said mentioned; thence north 0° 39' 30" east 200 feet to the true
point of beginning.
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