1993-03
RESOLUTION NO. NE 93-003
. A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE
REQUEST TO ALLOW A WALL SIGN TO EXCEED THE REQUIRED 1:1 RATIO AND
THE "NOT TO EXCEED 100 SQUARE FOOT" REQUIREMENT AND
MODIFICATION TO AN EXISTING SIGN PROGRAM AND
DESIGN REVIEW FOR MINOR EXTERIOR ALTERATIONS
FOR ENCINITAS VILLAGE PLAZA
FOR PROPERTY LOCATED AT
131 NORTH EL CAMINO REAL (ENCINITAS VILLAGE PLAZA)
(CASE NO. 93-024-V/DR/SPRO/MOD)
WHEREAS, Super Crown Books, Corporation applied for a Variance
in accordance with Chapter 30.78 (Variances) from Section
30.60.100D (Wall Sign Standards) and Design Review in accordance
with Chapter 23.08 (Design Review) of the City of Encinitas
Municipal Code to allow 3 wall signs and permanent window signs to
exceed the required 1:1 ratio and the "not to exceed 100 square
feet" requirement to a maximum of 295.4 square feet, modification
. to an existing sign program and design review for minor exterior
alterations at the Encinitas Village Plaza for property located at
131 North El Camino Real (Encinitas Village Plaza), and legally
described as follows:
Parcell
All that portion of the South Half of the Northeast
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 the
Official Plat thereof, described as follows:
Beginning at the intersection of the North line of the
South half of the Northeast Quarter of the Northeast
Quarter of said Section 14 with the Easterly line of Road
Survey No. 682 as described in deed to the County of San
Diego, recorded November 27, 1961 as Document No. 204794
of Official Records, thence Easterly along the Northerly
line of said South half, a distance of 110 feet; thence
at right angles Southerly, a distance of 60 feet; thence
Westerly parallel with the Northerly line of said South
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half to the Easterly line of said Road Survey No. 682;
.. thence Northerly along the said Easterly line to the
Point of Beginning.
Parcel 2
The South half of the Northeast 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 the Official Plat
thereof.
EXCEPTING therefrom that portion lying within Parcell.
WHEREAS, a public hearing was conducted on application
No. 93-024-V/DR/SPRO/MOD on March 1, 1993 by the New Encinitas
Community Advisory Board, at which time all persons desiring to. be
heard were heard; and,
WHEREAS, evidence was submitted and considered to
to include without limitation:
a. site plan and elevations consisting of four pages
submitted by the applicant and dated received by the city
on February 26, 1993;
. b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. CAB staff report (93-024-V/DR/SPRO/MOD) dated February
19, 1993 which is on file in the Community Development
Department; and
e. Additional written documentation.
WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to Chapter 30.78, of the Encinitas
Municipal Code:
A. A variance from the terms of the zoning ordinances 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 privileges enjoyed by other property in the
vicinity and under identical zoning classification.
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Facts:
. The proposal is to allow a wall sign to exceed the one
square foot pursuant to linear foot of store frontage on
the side where the main entrance to the building is
located which is permitted pursuant to Section 30.60 .100D
of the Municipal Code. The proposal is for a maximum of
295.4 square feet. The subject store is a pad building
in the Encinitas Village Plaza with three visible
elevations. The entrance to the building faces the
parking lot and is visible from the street.
Discussion:
There is adequate space on the building for the proposed
signs on all three elevations of the building. Due to
the location of the building, which has at least two
visible and prominent elevations, and the fact that this
is a pad building and not an in-line tenant, the strict
application of the sign ordinance deprives the applicant
of privileges enjoyed by other stores. In-line tenants
are permitted to place the entire sign area square
footage on one elevation which is visible to the public.
It is necessary for the Super Crown Store to divide the
sign square footage (based on the linear frontage of the
building) onto three elevations. This pad store was at
. one time utilized by four tenants and maintained a larger
sign square footage than 100 square feet. The Super
Crown store is proposing to utilize the entire store.
Conclusion:
The New Encinitas Community Advisory Board finds that due
to the proposed size of the store, amount of visible
elevations and wall space available for the signs, a
variance is warranted. Further, there are no additional
signs for Super Crown Books proposed to be placed on the
existing monument sign.
B. 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.
Facts:
Wall signs are a permitted use in the General Commercial
Zone; logos are also permitted as part of signage. The
sign exceeds the required 1:1 ratio due to the fact that
there are three visible elevations, and utilizing only
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. 100 square feet of sign area divided on these three sides
would create inadequate size signs. Further, other
tenants in the plaza utilize logos, which increase the
sign area. Further, 75 square feet of the wall sign area
is six permanent window signs, and the project is
conditioned so that no other permanent or temporary
windows signs area permitted.
Discussion:
Tenants in the Camino Village Plaza utilize logos as part
of their signage. Further, the use of wall signs, window
signs and logos are a permitted use in the General
Commercial zone.
Conclusion:
The Board finds that granting approval of the requested
variance would not unnecessarily constitute a grant of
special privilege to the applicant in that wall signs
with logos and window signs are a permitted use in the
General Commercial zone. If the applicant were to adhere
to the strict letter of the law, the signs on the three
elevations would be inadequate. Further, if the
appl icant were to utilize the 100 square feet of wall
sign on one elevation, they would not be permitted to
. have signage on the other two visible elevations. Also,
the application as conditioned precludes any additional
temporary or permanent window signs.
C. 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.
Facts:
The proposal is to allow a wall sign to exceed the
permitted one square foot per linear foot of store
frontage on the side where the main entrance to the
building is located, the "not to exceed 100 square feet"
requirement to a maximum of 295.4 square feet, and
subsequently revise the existing sign program for the
Encinitas Village Plaza for the subject building only.
Discussion:
The use of wall signs is a permitted use in keeping with
the General Commercial zone.
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Conclusion:
. The granting of this variance would not authorize a use
or activity not expressly authorized by the zoning
regulations governing this property since the use is
permitted in a general commercial zone.
D. No variance shall be granted if the inability to enjoy
the privilege enjoyed by other property in the vicinity
and under identical zoning classification:
1. 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 variance.
2. Is self-induced as a result of an action taken by
the property owner or the owner's predecessor;
3. Would allow such a degree of variation as to
consti tute a rezoning or other amendment to the
zoning code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
. Facts:
The proposal is to allow a wall sign to exceed the
permi tted one square foot per I inear foot of store
frontage on the side where the main entrance to the store
is located, the "not to exceed 100 square feet"
requirement to a maximum of 295.4 square feet, and
subsequently revise the existing sign program. To
identify the use, a need exists to place signage at
locations that are visible to the public from the street.
Discussion:
An alternate development plan is not feasible as there
are three visible elevations for the 10,000 square foot
building. To divide the 100 square foot permitted sign
area on these three elevations would result in inadequate
signs that could not be easily read from the street.
Further, the building previously was used for four
separate uses, each having their own signs. The signs
will not be spread out, but will be located on a portion
of the parapet roof and at the windows (two 12.6 square
foot window signs per elevation) at each of the three
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elevations as follows: approximately 116 square feet on
. the southern elevation, approximately 104 square feet on
the western elevation and approximately 73 square feet on
the eastern elevation.
Conclusion:
The New Encinitas CAB has determined that an alternate
development plan is not feasible as the store is an
existing structure and the proposed signage locations
contain adequate space for the sign and the logo and
provides visibility for the use to adjacent streets. The
Board is not of the opinion that the variance is self-
induced, constitutes a rezone nor would authorize a
public or private nuisance as there is adequate space to
accommodate the proposed sign.
NOW, THEREFORE, BE IT RESOLVED THAT the application for
Variance 93-024V/DR/SPRO/MOD is hereby approved with the following
conditions:
(1) Buildinq Department: Plans shall be submitted to the
Building Department for plan check approval. A complete
plan check will be done when plans are submitted to the
Building Department.
. (2) Fire Department: Prior to building permit issuance,
applicant shall submit a statement from the Fire District
to the Community Development Department indicating that
all development impact, plan check and/or cost recovery
fees have been paid. Address numbers shall be clearly
visible from the street fronting the structure.
(3) If substantial construction has not been completed in
reliance upon a granted variance within two years 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
variance to have expired with the privileges granted
thereby canceled.
(4) 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.
(5) The approved project shall conform to plans dated
received by the City of Encinitas on February 26, 1993,
and reviewed and approved by the New Encinitas Board on
March 1, 1993 with the modification that the letter
contain the standard translucent face with backlit white
halo light. The signs SHALL NOT be increased in size,
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. extended beyond the limitations of the approved variance,
or otherwise modified beyond the approved plans and
limitations of this variance without prior approval by
the city.
(6) Permits or findings of exemption shall be obtained from
the state Coastal Commission and any other applicable
Government Agencies.
(7) The applicant shall add a paragraph to the existing sign
criteria for the Encinitas Village Plaza which shall
read: "Sign area not to exceed 1 square foot per linear
foot of building on the side where the main entrance is
located with a maximum of 100 square feet with the
exception of 131 N. El Camino Real (Super Crown Books)
which has received permission from the City of Encinitas
via the New Encinitas Community Advisory Board to exceed
the required square footage to a maximum of 295.4 square
feet (Case No. 93-024 V/DR/SPRO/MOD). At such time that
the tenant (Super Crown Book Store) no longer occupies
said space, the wall sign square footage will revert back
to the approved one square foot per linear foot of store
frontage not to exceed 100 square feet requirement."
Modification of the existing sign program is to be
completed prior to obtaining building permits.
. (8) A proponent or protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1.12 of the Encinitas Municipal Code.
(9) All illegal signs on the street frontages of the property
(El Camino Real) are to be removed or brought into
conformance with the Sign Regulations (Temporary Signs)
of the Encinitas Municipal Code.
(10) No additional permanent or temporary window signs are
permitted.
(11) The wall sign individual letters are to be capped so that
the neon tubing is not exposed. The halo lighting behind
the channel letter is to be white light.
BE IT FURTHER RESOLVED by the New Encinitas Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from Environmental Review
per Section 15311 (A) of CEQA.
.
.
PASSED AND ADOPTED this 1st day of March, 1993 by the
following vote, to wit:
AYES: Beck, Edde, Weaver, Wilkey
NAYS: Felker
ABSENT: None
ABSTAIN: None
CL' ' " 'I
UL-
. Cindy B c , Chairperson of
the New Encinitas Community
Advisory Board
ATTEST:
~Q,cM~~
Craig R. Olson, Assistant Planner
.