1995-08
RESOLUTION NO. NE-95-08
. A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD
OF THE CITY OF EN CINIT AS
APPROVING A DESIGN REVIEW PERMIT MODIFICATION
AND COASTAL DEVELOPMENT PERMIT
FOR MONUMENT AND WALL SIGNAGE
FOR THE RELAX THE BACK STORE
LOCATED WITHIN THE ARBOR CENTER
AT 1403-C ENCINITAS BOULEVARD
(CASE NO. 95-276 DR-MOD/CDP)
(APN: 259-550-01)
WHEREAS, Relax the Back Store 1 Richard Cohen applied for a Design Review Permit
Modification of Case No. 90-244DR and Coastal Development Permit approvals pursuant to
Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Municipal Code
to allow monument and wall signage for the Relax the Back Store to vary from the Sign Program
for the Arbor Center to permit: (a) the sign inserts placed within the two monument sign
structures to have white backgrounds with magenta lettering and a blue logo (the Sign Program
would typically require all monument signs to be consistent with each other in color [i.e.: teal
. backgrounds and white lettering]); (b) allow the wall signs for the Relax the Back Store to be
internally lighted reverse pan channel letters with plex-glass faces (the Sign Program specifies
that wall signs are to be reverse pan channel letters with a 3/8 inch rough sawn cedar face with
backlighted (halo) illumination); and (c) to allow the two wall signs to be 15 feet in length (the
Sign Program specifies that the west elevation wall sign is limited to 12 feet in length and the
north elevation wall sign is limited to 10 feet in length); and,
WHEREAS, the tenant space is located within the Arbor Center Commercial Center located at
1403-C Encinitas Boulevard and is legally described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF MORE P ARTICULARL Y DESCRIBED IN THE IND IVID U AL
QUITCLAIM DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 9, 1989, AS DOCUMENT NO. 89-070268 OF
OFFICIAL RECORDS.
WHEREAS, a public hearing was conducted on November 21, 1995 by the New Encinitas
Community Advisory Board (CAB) at which time all those desiring to speak, did speak; and,
. WHEREAS, the New Encinitas Community Advisory Board considered, without limitation:
cd/cro/f:/95276ne I.doc
-
. 1. The Agenda Report for the November 21, 1995 meeting;
2. The adopted General Plan, Zoning Code, Local Coastal Program and associated
Land Use Maps;
3. Oral Evidence received at the Public Hearing from staff, the applicant and the
public;
4. Written evidence submitted with the application and the plans of the signage as
shown on Building Pennit No. 95-1007 consisting of five sheets including a cover
page, Inspection Record, Wall Sign Plans, Building Elevation, and Site Plan of the
proposed signage dated received by the City on November 1, 1995.
WHEREAS, the New Encinitas Community Advisory Board made the following required
findings pursuant to Sections 23.08.072 (Design Review) and 30.80.090 (Coastal Development
Pennits) of the Municipal Code:
(See Exhibit II 1 ")
NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory
Board of the City of Encinitas that application 95-276DR-MOD/CDP is hereby approved subject to
. the following conditions:
A. STANDARD CONDITIONS:
1. This approval will expire on November 21, 1997, two years after the approval of
this project, unless the following conditions have been met or an extension of time
has been approved pursuant to Municipal Code requirements.
2. This approval may be appealed to the Planning Commission within 15 calendar
days from the date of the Board's approval pursuant to Chapter 1.12 of the
Municipal Code.
3. Approval of this request does not waive compliance with any section of the
Municipal Zoning Code and all other applicable City Ordinances, unless otherwise
noted herein.
4. Property owner(s) shall agree to preserve and save harmless the City of Encinitas
and each officer and employee thereof from any accident, loss, or damage to persons
or property happening or occurring as the proximate result of any of the work
undertaken to complete this project, and that all said liabilities are hereby assumed
by the property owner(s).
.
cd/cro/f:/95276ne I.doc
5. In the event that one or more of the conditions imposed on this Design Review
. Permit Modification approval are violated, the Community Development Director,
upon notice to the applicant and an opportunity to present information, may revoke
the Design Review Permit Modification or impose additional conditions.
B. COMMUNITY DEVELOPMENT DEPARTMENT: The permitee shall contact the
Community Development Department regarding compliance with the following conditions:
1. The Design Review Permit Modification / Coastal Development Permit is approved
as set forth on the plans dated received by the City with the application and
background materials on November 1, 1995. Said materials including the plans of
the signage as shown on Building Permit No. 95-1007 consisting of five sheets
including a cover page, Inspection Record, Wall Sign Plans, Building Elevation, and
Site Plan of the proposed signage.
2. This approval only applies to the wall and monument signs erected for the Relax the
Back Store as specified in Building Permit No. 95-1007. All other aspects of the
original Design Review Permit approval for the Arbor Center (Resolution NE-91-
01) are in full force and effect. In accordance with Municipal Code Section
30.60.100BA, a Sign Program is not required for the Arbor Center unless the center
is occupied by six or more tenants. However, to assure consistency within the
center in accordance with the City's adopted Design Review Guidelines, all future
. tenant signs to be erected in the Arbor Center shall adhere to the following
standards:
(a) Colors to be used for future monument sign inserts shall be consistent
in color and letter style with each other. The sign inserts shall have teal
backgrounds with white lettering.
(b) The maximum length of future wall signs shall be 10 feet on the
northern building elevations and 12 feet on the interior building elevations.
Wall signs shall not exceed Municipal Code standards for "Sign Area".
All future wall signs shall consist of reverse pan channel letters with
internally illuminated plex-glass faces and bronze (Olympic Stain Coffee
or matching) returns. Wall sign faces may be of a color to match the
colors/logo associated with the subject business.
(c) Permanent window signs are only permitted on the interior elevations
of the buildings. The use of neon or other illumination devices to accent or
outline window area(s) which face a street is prohibited. This condition is
consistent with the previous Sign Program for the Arbor Center.
(d) The property owner shall be responsible for informing future tenants
. of these sign standards and the tenant shall be responsible for conformance
to these standards. The property owner shall require additional sign
cd/cro/f:/95276ne I.doc
. standards for the center to assure a sign theme that is consistent with the
architectural style of the center and that signs within the center are
harmonious with each other.
D. BUILDING DIVISION: The permittee shall contact the Building Division regarding
compliance to the following condition:
A Final Inspection shall be conducted for the approved signs for the Relax the Back Store in
conformance with Building Permit 95-1007. All future wall signs within the center shall
obtain Building Permit approval prior to their installation.
PASSED AND ADOPTED this 21st day of November 1995, by the following vote, to wit:
AYES: Felker, Edde, Beck, Weinstein
NAYS: None
ABSENT: Van Reusen
ABSTAIN: None
.
~~~
Mark Weinstein, Chairman
New Encinitas Community Advisory Board,
City of Encinitas
ATTEST:
II
. L'l/þ..{ C ~- - (" --;..< '"õ '. '.
Craig R. Olson, Associate Planner
cd/cro/f:/95276ne I.doc
EXHIBIT "I"
. RESOLUTION NO. NE-95-08
Findings Pursuant to Sections 23.08.072 and 23.08.078
of the Municipal (Zoning) Code
Related to Design Review Permits
A. The project design is consistent with the General Plan, a Specific Plan or the provisions of
the Municipal Code. The size and shape of the signs are in scale with the buildings to which they
are attached.
Facts: The application requests Design Review Modification to allow the monument and
wall signs that were recently installed at the Relax the Back Store within the Arbor Center
commercial center to remain.
Discussion: The subject signs conform with the standards established by the City's Sign
Ordinance (Chapter 30.60). The two wall signs each measure 15 feet by 3 feet for a total
of 90 square feet and the store's main frontage measures approximately 90 linear feet in
length which conforms to Municipal Code Section 30.60.100D.l related to Wall Sign
Area. In accordance with Municipal Code Section 30.60.1 OOBA, commercial centers of
five or less tenants are exempt from the requirement of having to obtain Sign Program
approval. Since the Relax the Back store occupies two tenant spaces within the three
tenant space structure, only two wall signs exist on the structure's westerly facing
. elevation instead of three (the Relax the Back sign and the sign for the pet supply store).
The change of copy sign inserts within the monument signs are exempt from obtaining
Sign Permit approval in accordance with Municipal Code Section 30.60.0601.
Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the
signs conform with the standards established by the City's Sign Ordinance (Municipal
Code Chapter 30.60) and that the signs are in scale with the buildings to which they are
attached.
B. The project is consistent with the Design Review Guidelines and the building design
provides for adequate sign location and space, in harmony with the architectural design of the
building, for the display of the signs.
Facts: A Sign Program was approved for the Commercial Center in conjunction with the
Design Review Permit approval for the remodel of the commercial center. However, since
that approval, City Council adopted 91-12 which exempts retail centers having five or less
tenants from the Sign Program requirement.
Discussion: On February 4, 1991, the New Encinitas CAB approved a Design Review
Permit (Case No. 90-244DR/V and Resolution No. NE-91-01) for the remodel of the
commercial center. At that time, the property owner submitted a Sign Program which
. was approved as part of the Design Review Permit application. Following the approval
of the original Design Review Permit, City Council adopted Ordinance 91-12 which
cd/cro/f:/95276ne I.doc
. exempts retail centers having five or less tenant spaces from the Sign Program
requirement. The Arbor Center is designed for a maximum of five tenant spaces and is
currently occupied by four tenants (the Relax the Back Store occupies two tenant spaces).
The signs erected for the Relax the Back Store otherwise conform with the standards of
the City's Sign Ordinance. The architectural design of the center allows for adequate
wall and monument signage area as an integral part of its design. The wall signs
substantially conform to the areas on the building designated for signs and, since the
Relax the Back Store occupies two tenant spaces, the actual wall sign area is less than the
area which could be devoted to tenant signage. Since the Municipal Code has been
amended to only require Sign Programs for commercial centers of six or more tenants,
requirements for future signage have been specified in this modified Design Review
Permit Resolution for the Arbor Center. To assure consistency within the center in
accordance with the City's adopted Design Review Guidelines, Condition B.2 of this
Resolution requires all future tenant signs to conform to specific standards. The property
owner shall be responsible for informing future tenants of these sign standards and the
tenant shall be responsible for conformance to these standards. The property owner shall
require additional sign standards for the center to assure a sign theme that is consistent
with the architectural style of the center and that signs within the center are harmonious
with each other.
Conclusion: Therefore, the New Encinitas Community Advisory Board finds that the
Design Review Permit Modification approval is consistent with the Design Review
. Guidelines and the approved signs are consistent with the building's design which provides
for adequate sign location and space, in harmony with the architectural design of the
building, for the display of the signs.
C. The project will not adversely affect the health, safety, or general welfare of the community
and the signs relate well to the buildings within the commercial center and to the neighborhood in
general in terms of size, shape, color, texture, materials and lighting intensity, creating a visually
compatible appearance.
Facts: The General Commercial (GC) Zoning District and the Municipal Code Sign
Ordinance provides for businesses to be identified with ancillary signage.
Discussion: The wall and monument signage is needed to adequately identify the business
and the signage corresponds to the size of the retail structure and to other commercial
structures within the commercial center and on surrounding property within the vicinity of
the center. The applicant has received City approval for the erected signs, the signs
conform with Sign Ordinance standards, and a Sign Program is not required by Code for
commercial centers of five tenants or less. No evidence has been received during the
planning review process to indicate that the approved signs would adversely affect the
health, safety, or general welfare of the community. This Design Review Permit
Modification is conditioned to require future signage within the center to conform to
. specific standards to assure consistency with the architectural style of the center and among
the center's signs. The subject signs relate well to the buildings within the commercial
cdlcro/f:/95276ne I.doc
center and to the neighborhood in general in tenns of size, shape, color, texture, materials
. and lighting intensity, creating a visually compatible appearance with other retail
establishments within the neighborhood.
Conclusion: Therefore, the New Encinitas Board finds that the Design Review Pennit
approval would not adversely affect the health, safety, or general welfare of the community
and that the signs relate well to the buildings within the commercial center and to the
neighborhood in general in tenns of size, shape, color,. texture, materials and lighting
intensity, creating a visually compatible appearance with other retail establishments within
the neighborhood.
D. The project will not cause the surrounding neighborhood to depreciate materially in
appearance or value and the project signage is subtle, is not obtrusive and conveys its message
legibly and clearly.
Facts: The signage confonns in all aspects with the standards of the Municipal Code Sign
Ordinance. The subject signage is constructed of high quality materials and is installed
pursuant to standard requirements of the industry.
Discussion: No evidence has been received during the planning review process to indicate
that the signage would cause the surrounding neighborhood to depreciate materially in
appearance or value. The project signage is subtle, is not obtrusive and conveys its message
. legibly and clearly.
Conclusion: Therefore, the New Encinitas Board finds that the project will not cause the
surrounding neighborhood to depreciate materially in appearance or value and the project
signage is subtle, is not obtrusive and conveys its message legibly and clearly.
.
cd/cro/f:/95276ne I.doc
. Findings Pursuant to
Section 30.80.090 (Coastal Development Permits)
of the Encinitas Municipal Code:
A. The proposed project is consistent with the certified Local Coastal Program of the City of
Encinitas.
Facts: Adherence to the City's General Plan Policies and Municipal Code Development
Standards addresses Coastal Zone issues related to signs. The project is located in an area
which would not preclude access to the coastal resources of the City. The site is not
impacted by any water resources, wetlands, or floodplains.
Discussion: The project location is not within the Coastal Commission Appeal Zone and,
therefore, the final action of the New Encinitas Community Advisory Board is not
appealable to the Coastal Commission.
Conclusion: Therefore, the Board finds the proposed project is consistent with the certified
Local Coastal Program of the City of Encinitas.
B. The proposed development conforms with Public Resources Code Section 21000 (et seq.)
and there are no feasible mitigation measures or feasible alternatives which would substantially
. lessen any significant adverse impact that the activity may have on the environment.
Facts: The property is not located in an area that would significantly impact any coastal
resources and is categorically exempt fÌ'om environmental review pursuant to Section
15301(g) of the California Environmental Quality Act (CEQA) Guidelines.
C. If the property is located between the sea or other body of water and the nearest public road,
approval shall include the specific finding that the proposed development is in conformity with the
public access and public recreation policies of Section 30200 (et seq.) of the Coastal Act.
Facts: The property is not located between the sea or other body of water and the nearest
public road.
.
cd/cro/f:/95276nel.doc