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:
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. 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.
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. 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.
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. 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.
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. (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
.