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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 . wp51/mmb/93-024v.res 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. . wp51/mmb/93-024v.res 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 . wp51/mmb/93-024v.res . 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. . wp51/mmb/93-024v.res 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 . wp51/mmb/93-024v.res 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, . wp51/mmb/93-024v.res . 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 .