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1993-01 . RESOLUTION NO. NE 93-001 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 FOR PROPERTY LOCATED AT 477 N. EL CAMINO REAL (NORTH COAST HEALTH CENTER) (CASE NO. 93-005 V/SPRO/MOD) WHEREAS, A. R. Wylie applied for a Variance in accordance with Chapter 30.78 Variances from section 30.60 .100D Wall Sign Standards of the City of Encinitas Municipal Code to allow a wall sign to exceed the required 1:1 ratio and the "not to exceed 100 square feet" requirement and modification to an existing sign program for property located at 477 N. North EI Camino Real (North Coast Health Center) and legally described as follows: The Northerly 51~00 feet (measured along the Westerly line) . of that portion of the Northwest Quarter of the Southeast Quarter of Section 11, Township 13 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof lying Easterly of the Easterly line of County Road Survey No. 682 (60.00 feet wide) as described in deed to County of San Diego, recorded October 26, 1951 in Book 4264, Page 305 of Official Records. EXCEPTING THEREFROM that portion lying Westerly of the Easterly boundary of that portion of County Road Survey No. 1800-1 (known as El Camino Real) as described in Parcel 67073- A in deed to the County of San Diego, recorded June 5, 1968 as File No. 94884. WHEREAS, a public hearing was conducted on application No. 93-005 V/SPRO/MOD on February 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: . wp93-005v/spro/mod (2-1-93) . a. site plan and elevations consisting of two pages submitted by the applicant and dated received by the City on January 8, 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 (93-005 V/SPRO/MOD) dated January 15, 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. Facts: . The proposal is to allow a wall sign to exceed the one square foot per linear foot of store frontage on the side where the main entrance to the building is located which is permitted per section 30.60.100D of the Municipal Code. The subject building is located near the corner of Garden View Road and EI Camino Real. The linear footage of the main building entrance is 227'. Discussion: There is adequate space on the northern elevation of the building for the proposed sign as there is no other sign located on this elevation. The building is shown on the site plan as being two structures, 1A and lB. However, the two structures are considered one building in the City of Encinitas due to the atrium which connects the two sides. If these two structures were two separate structures, a variance for the proposed sign would not be necessary. Further, the building is large enough to support the installation of an additional sign. . wp93-005v/spro/mod (2-1-93) . Conclusion: The New Encinitas Community Advisory Board finds that due to the atrium connecting the two buildings into one which requires only 100 square feet of wall sign for the entire building (buildings 1A and 1B) and the more than adequate space on the northern elevation for the wall sign, the variance is warranted. 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. The sign exceeds the required 1:1 ratio due to the fact that the City of Encinitas considers the two buildings one structure because of the atrium and therefore permits only 100 square feet of signage for both building 1A and lB. Further, the three existing -signs on 1A and 1B total 99.75 square feet, and any new sign could not exceed. 25 square feet due to code . limitations. The "Radiation Therapy" sign is necessary to direct persons to the correct building for the radiation therapy. Discussion: There are currently two structures on this property, Building 1A and 1B, and Building 2C. It is necessary to have the radiation therapy sign to direct patients to the right building in the center. Further, the use of wall signs does not constitute a grant of special privileges as they are a permitted structure 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 are a permitted structure in the General Commercial zone. Further, if the applicant were to adhere to the strict letter of the law an adequate size sign would not be possible with the remaining .25 square feet. . wp93-005v/spro/mod (2-1-93) . 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, and subsequently revise the existing sign program for the North Coast Health Center. Discussion: The use of wall signs is a permitted structure in keeping with the General Commercial zone. 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 sign structure 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 constitute 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 permitted one square foot per linear foot of store frontage on the side where the main entrance to the store is located, the "not to exceed 100 square feet" . requirement, and subsequently revise the existing sign wp93-005v/spro/mod (2-1-93) . 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 could be feasible by placing the sign on the front of the building; however, the 1:1 ratio would still be exceeded. Further, there are presently no signs on the northern elevation of the building, and this sign will be located on the bottom floor. Signage does not need to be located solely on the front elevation of the building. Also, this sign provides visibility to the north and directs people to the correct building for radiation therapy. 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, provides visibility for the use to adjacent streets and provides direction to that specific building to persons needing to use the radiation therapy. 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 93-005 V/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. wp93-005v/spro/mod (2-1-93) . (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 January 8,1993, and reviewed and approved by the New Encini tas Board on February 1, 1993. The wall signs SHALL NOT be increased in size, 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 (if applicable) and any other applicable Government Agencies. (7) The applicant shall modify Sign criteria #1, on page 1 of the sign program for the center. This criteria shall be modified to read "one 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 Building 1A and 1B which has received permission from the New Encinitas Community Advisory Board to exceed the required square footage to a maximum of 135 square feet . (Case No. 93-005 V /SPRO/MOD). At such time that the present tenant (Radiation Therapy) 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 Encini tas Municipal Code. (9) Any illegal signs on the street frontage of the property (El Camino Real) is to be removed or brought into conformance with the Sign Regulations (Temporary Signs) of the Encinitas Municipal Code. 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 February, 1993, by the following vote, to wit: AYES: Beck, Felker, Edde, Weaver, Wilkey NAYS: None ABSENT: None ABSTAIN: None , ,1 ck-- U Cindy Be , Chairperson of the New cinitas Community Advisory Board ATTEST: . ~K. Q . J:)~ Craig R. Olson, Assistant Planner .