1988-40
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RESOLUTION OE-4 0
A RESOLUTION OF OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, DENYING
A MINOR USE PERMIT AMENDMENT TO ALLOW
NIGHTTIME ILLUMINATION OF THE MONUMENT SIGN
FOR A MINI-WAREHOUSE BUSINESS
LOCATED AT 860 REGAL ROAD
(CASE NUMBER 88-214 MIN)
WHEREAS, a request for consideration of a Minor Use Permit
Amendment was filed by San Dieguito Partners to allow nighttime
illumination of the project monument sign, contrary to
condition 3 of Board of Zoning Administration Resolution BZA-
27, as per Chapter 30.74 of the City of Encinitas Municipal
Codes, for the property located at 860 Regal Road; and;
WHEREAS, a public hearing was conducted on the application
on August 4, 1988; and
WHEREAS, the Community Advisory Board/Planning Commission
considered:
1. The staff report dated July 27, 1988;
2. The application, sign plan and elevations by the
applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. The Use Permit approval issued by the County for the
self storage use;
6. City Board of Zoning Administration Resolution BZA-
27; and
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WHEREAS, the Old Encinitas Community Advisory Board made
the following findings pursuant to Chapter 30.74 of the
Encinitas Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas
Community Advisory Board of the City of Encinitas that the
Minor Use Permit Amendment application 88-214 MIN is
hereby denied.
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental
review, Section 15305.
PASSED AND ADOPTED this 4th day of August, 1988, by the
following vote, to wit:
AYES: Rollman, Couglar, Hano, Tobias
NAYS: None
ABSENT: Kauflin
ABSTAIN: None 7fCVVLAj ~
Harry Couglar, Chairman
of the Old Encinitas
Community Advisory Board
ATTEST:
- -:::=- ~? .
".-/ /- , ~
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Tom Curriden,
Assistant Planner
PM/02/CRO3-109WP (8-11-88-1)
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. ATTACHMENT "A"
OLD ENCINITAS
(COMMUNITY ADVISORY BOARD)
RESOLUTION NO. OE-39
Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
1. The location, size, design or operating characteristics of
the proposed project incompatible with or adversely affect
or be materially detrimental to adjacent uses, residences,
buildings, structures or natural resources, with
consideration given to, but not limited to:
(a) The inadequacy of public facilities, services and
utilities to serve the proposed project;
(b) The unsuitability 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; or
Evidence to Consider:
The Board members found that nighttime illumination of the
monument sign near the entrance driveway would be
incompatible with the residential character of the
surrounding area and, in conjunction with other spot
lights mounted on the exterior of the building in
violation of condition of Resolution BZA-27, creates light
and glare on nearby properties and thus has a materially
detrimental effect upon them.
2. The impacts of the proposed project will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code; and
3. The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider:
The subject property and surrounding areas are zoned for
residential development and designated for such on the
city's General Plan. The conditions imposed by the city's
Board of Zoning Administration in Resolution BZA-27 were
intended to insure compatibility of the use with the
surrounding residential uses in accordance with Zoning
Ordinance Chapter 30.74. The Old Encinitas Community
Advisory Board concurred that the condition prohibition,
lighting of the sing from 10:00 a.m. to 7:00 p.m. was
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reasonable to insure that compatibility. The Board also
noted other violations for which the applicant has not
applied to amend, including exterior spot lights and
additional signage in the form of a truck painted with
business advertising and parked so as to be visible from
Interstate 5, which further exacerbates the present
incompatibility of the use with surrounding residential
uses.
PM/02/CRO3-109WP (8-11-88-1)
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