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
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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.
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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.
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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.
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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.
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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.
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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.
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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)