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1990-13 RESOLUTION NO. NE-90-13 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING AN ADMINISTRATIVE DESIGN REVIEW PERMIT FOR A SIGN PROGRAM FOR THE DE LA PLAZA SHOPPING CENTER CASE NO. 90-072-ADP (COMMONLY KNOWN AS 141-215 EL CAMINO REAL) WHEREAS, Federal sign Co., applied for an Administrative Design Review permit for a Sign Program for the De La Plaza Shopping Center located at 141-215 El Camino Real, as required by Chapter 23.08 Design Review and section 30.60.100,B,4 of the City of Encinitas sign Ordinance; and WHEREAS, public hearings were conducted on the application by the New Encinitas Community Advisory Board on June 4, July 2, July 16, and September 17, 1990 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Sign Criteria Sheet as modified and set forth in Exhibit "D"; site plan dated received April 3, 1990; photo display album dated received April 3, 1990; Elevations dated April 25, 1990 (Sheets 1 and 2 of 2); Elevations March 7, 1990 (Sheet 1 of 1) on file in the Department of Planning and Community Development. b. written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearings; d. CAB staff reports (90-072-ADP) dated May 31, June 13, and September 10, 1990 which are on file in the off ice of Planning and Community Development; and e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the New Encinitas community Advisory Board of the city of Encinitas that the Administrative Design Review Permit for 90-072-ADP for a sign Program for the De La Plaza Shopping Center located at 141-215 El Camino Real is MB/02/CRO10-9l4wp5l (4-10-92/1) hereby approved subject to the following findings: A. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence: The project is an existing commercial shopping center which is allowed by the General Plan and the Municipal Code in the general Commercial Zone. The proposed sign program has been modif ied to be in conformance with the provisions of the Municipal Code. The project design standards for wall and pedestrian signs are consistent with the Sign standards per sections 30.60.100.D, and 30.60.100F.7. The freestanding monument signs will be brought into conformance as conditioned in the resolution of approval and required by section 30.60.100.C of the sign Ordinance. Approval of the subject application will bring the existing retail center in conformance with section 30.60.l00.B.4 of the Sign Ordinance which requires a sign program for all multi-tenant buildings or centers. B. The project design is substantially inconsistent with the Design Review Guidelines. Evidence: The project was reviewed by the New Encinitas Community Advisory Board and was modified to be in conformance with the City of Encinitas Design Review Guidelines. C. The project would not adversely affect the health, safety or general welfare of the community. Evidence: The project would not adversely affect the health, safety or general welfare of the community since the project has all required utility connection approvals and will be developed within City standards. building Department has reviewed the proposed installation requirements of the sign Program and found them consistent with Uniform Building Codes. Additionally, building permits are required for new signage which works to ensure safe construction and installation of the signs. D. The project would not cause the surrounding neighborhood to depreciate materially in appearance or value. MB/02/CRO10-914wp5l (4-10-92/1) Evidence: The proposal reflects a compatible level of design appearance in conformance with the Design Review Guidelines and Design Review Ordinance and is compatible with the design of the existing shopping center architecture and other commercial structures in the adj acent General Commercial Zone of El Camino Real and Encinitas Boulevard. Additionally, the proposed design incorporates a high quality of design materials and will not be materially detrimental to surrounding properties in this respect. No signs are proposed to directly face the adjacent residential neighborhoods, therefore the project would not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. 23.08.078 Requ1atory Conclusions - Siqns. A. The project design fails to assure that the size and shape of all signs are in scale with the building to which they are attached. Evidence: Since the wall signs are proposed to be limited to 18 inches and limited to one square foot per linear foot of building where the main entrance is located they are in scale with the existing structures. B. The building design does not provide for adequate space and locations on the building, in harmony with the architectural design, for the display of signs. Evidence: The dormers are large enough to accommodate the accompanying multi-retail tenant space signing and would not conflict or compete with other local retail tenant signs. The specific dormers are identified on the approved plans which would allow for the multi-retail signs. Adequate space is provided for the design, size and style of the signs on the buildings. C. The project signing fails to relate well to the buildings of the project and to the neighborhood in general in terms of size, shape, color, texture, materials and lighting intensity, creating a visually incompatible appearance. MB/02/CRO10-9l4wp51 (4-10-92/1) J Evidence: The colors, materials, locations, and lighting has been conditioned to be compatible with the structures and in visual harmony with the entire center as follows: 1. The signing is approved on the dormers and the fascia to be interior lit individual letters with the letter style approved to allow a variety of styles. Canister/box signs are prohibited. 2. signing on the fascia shall be one color throughout the Plaza, to be chosen by the property owner, and shall be either white or ivory. 3. Signing on the dormers for regionally recognized tenants may be any three colors as setforth by the owner. 4. Hanging Pedestrian signs that are located above the walkways are approved to be wood and may be any variety of colors. 5. Two lines of signing may be utilized on the dormers. 6. Small canister Logo slgns are allowed for the regionally recognized tenants and may have one additional color other than the white or ivory (whichever lS chosen by the property owner), and shall not be internally lit. Exterior lighting may be utilized. D. The project signing does not show subtlety, is obtrusive or does not convey the message legibly and clearly. Evidence: The channel letters proposed for the wall signs will clearly convey the sign message. Additionally, the high quality of sign proposed for the pedestrian signs would clearly depict the sign message. E. The proposed signing is not weather resistant or durable. Evidence: The materials proposed are weather resistant and durable and the color and quality should be retained for several years. MB/02/CRO10-9l4wp5l (4-10-92/1) BE IT ALSO RESOLVED, that the Design Review Permit is approved with the following conditions: 1. The project is approved as revised at the New Encinitas CAB meeting of September 17, 1990 and shown on the revised Sign Criteria Sheet as modified and setforth in Exhibit "D"; site plan dated received April 3, 1990; photo display album dated received April 3, 1990; Elevations dated April 25, 1990 (Sheets 1 and 2 of 2); Elevations dated March 7, 1990 (Sheet 1 of 1) on file in the Department of Planning and Community Development, and shall not be altered without Community Advisory Board review and approval. 2. A covenant shall be recorded by the property owner agreeing to allow the existing monument sign at the street light entrance to the Plaza to remain for the 15 years allowed by the City of Encinitas Sign Ordinance, or until a new tenant requests that their signing be added to the existing monument sign. At that time the sign will need to be reviewed through the Design Review application process for conformance with the Sign Ordinance in effect at the time. The sign is required to be constructed of a natural material such as tile, stucco, or wood, and not be lighted internally, rather be lighted externally. The address numbers should be 12" high, with the height of the monument sign being 8', or a maximum 12' in height, unless modif ied through the Design Review process. 3. Details for attachments of signs to the structures are required for building permit issuance in conformance with the Uniform Building Code and Uniform Electrical Code. 4. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. Code Enforcement 5. All illegal signs shall be removed from the site prior to submittal for building permit issuance. MB/02/CRO10-9l4wp5l (4-10-92/1) PASSED AND ADOPTED this 17th day of september, 1990, by the following vote, to wit: AYES: Boardmembers Patton, Beck and Grajek NAYS: Boardmember Quinn ABSENT: Boardmember White ABSTAIN: None 11 - f1 Ct, I?€ ch- ANNE PA N, Chairma the New ' cinitas Co Advisory Board ATTEST: LINDA S. NILES, Associate Planner * The Planning Commission, on October 23, 1990, reviewed the Initial Consideration of an appeal by Mr. Michael Siegel of two specific conditions of approval required by the New Encinitas CAB and voted unanimously not to hear the appeal. An appeal was filed to the City Council and on November 28, 1990 at an Initial Consideration the Council decided to review the appeal. Administrative hearings were held by the City council on January 9 and February 13, 1991. At the February 13, 1991 hearing the Council set aside the decision of the New Encinitas CAB and concurred with the appellant approving the Sign Program with the following modifications: 1. At least 55% of the Tenant Signs shall be restricted to white or ivory color. Any other Tenant signs may be of no more than three different colors for such sign. A "Tenant Sign" shall be defined as all signs attributable to one Tenant other than signage on the front Monument signs. For example, a tenant which has a white or ivory fascia sign but is included on the colored monument sign shall be considered to have a white or ivory sign. 2. Tenant logos may (but need not) be back lit. 3. Colored signs may be located on either the dormer or fascia areas. The modifications approved by Council revise conditions 2, 3 and 6 of Resolution NE 90-13. MB/02/CRO10-914wp5l (4-10-92/1) Recording Requested By: ) ) ) COVENANT When Recorded Mail To: ) ) City of Encinitas ) Planning and community ) Development Department ) 527 Encinitas Blvd. suite 100 ) Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY , ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof ("PROPERTY" hereinafter). In consideration of the approval of an Administrative Design Review Permit (Resolution No. NE-90-13, for a sign Program at 141-215 El Camino Real, Application No. 90-072-ADP, by the city of Encinitas ("CITY" hereinafter), owner hereby covenants and agrees for the benefit of the CITY, to do the following: A covenant shall be recorded by the property owner agreeing to allow the existing monument sign at the street light entrance tot he Plaza to remain for the 15 years allowed by the City of Encinitas Sign Ordinance, or until a new tenant requests that their signing be added to the existing monument sign. At that time the sign will need to be reviewed through the Design Review application process for conformance with the Sign Ordinance in effect at the time. The sign is required to be constructed of a natural material such as tile, stucco, or wood, and not be lighted internally, rather be lighted externally. The address numbers should be 12" high, with the height of the monument sign being 8', or a maximum 12' in height, unless modified through the Design Review process. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. MB/02/COV3-373wp5l (4-10-92/1) OWNER agree that OWNER's duties and obligations under this Covenant are a lien upon the Property. Upon notice and opportunity to respond, the CITY may add to the tax bill of OWNER any past due financial obligation owing to CITY by way of this Covenant. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. DATED OWNER DATED OWNER MB/02/COV3-373wp5l (4-10-92/1) STATE OF CALIFORNIA) ) ss: COUNTY OF SAN DIEGO) On ,1990, before me, the undersigned, Notary Public and for said state, personally appeared , known to me or proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledge that executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State CITY OF ENCINITAS Dated by (No need to notarize) MB/02/COV3-373wp5l (4-10-92/1)