1992-03
RESOLUTION NO. NE 92-03
. 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
MODIFICATION TO AN EXISTING SIGN PROGRAM FOR WEIGAND PLAZA
FOR PROPERTY LOCATED AT
146 EL CAMINO REAL (WEIGAND PLAZA I)
(CASE NO. 92-010-V)
WHEREAS, Donna A. Marin 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 modification to an
existing sign program at the Weigand Plaza for property located at
146 EI Camino Real (Weigand Plaza I), and legally described as
follows:
All that portion of Parcel 4 of Parcel Map No. 4274 in the
County of San Diego, State of California, according to the Map
. thereof filed in the Office of the County Recorder of said San
Diego County, November 28, 1975, as File No. 75-335576,
Official Records, lying Southerly of Southerly line of that
certain land described in deed to the County of San Diego
filed in the Office of the County Recorder of said San Diego
County, July 16,1979 as File No. 79-293577, Official Records,
which is designated in said Deed as "easement for County
Highway-Malena Drive".
WHEREAS, a public hearing was conducted on application
No. 92-010-V/SPRO/MOD on March 2, 1992 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 two pages
submitted by the applicant and received by the City on
February 3, 1992.
b. Written information submitted with the application;
. wp92-010v/spro/mod (3/2/92)
. c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. CAB staff report (92-010 V/SPRO/MOD) dated February 26,
1992 which is on file in the Department of Planning and
Community Development; 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 store is located at the corner of the
plaza which is not visible from the street and is not
listed on the entrance monument. The proposed sign will
exceed the permitted square footage by approximately
15'3".
Discussion:
There is adequate space on the building for the proposed
sign, although it will exceed the permitted square
footage. However, the applicant would not receive the
amount of visibility afforded to stores in the plaza due
to its location in the plaza.
Conclusion:
The New Encinitas Community Advisory Board finds that due
to the location of the store on the lot and its lack of
visibility from the road, the variance is warranted.
Further, this would be the only signage for Super Crown
as no additional sign will be placed on the existing
monument sign.
. wp92-010v/spro/mod (3/2/92)
. 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 is an underline under the title Super Crown. The
underline is part of the logo. other tenants in the
plaza utilize logos.
Discussion:
Tenants in the Weigand Plaza utilize logos as part of
their signage. Further, the use of wall signs and logos
do not constitute a grant of special privileges as they
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 are a permitted use in the General Commercial
zone. If the underline section in the sign were to be
removed, the sign would conform to the permitted square
footage. However, the underline is part of the Super
Crown logo, and removing the logo would deprive the
applicant of use of a logo which is a use similarly
enjoyed by other tenants.
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 and subsequently revise the existing
sign program for the Weigand Plaza I.
. wp92-010v/spro/mod (3/2/92)
. Discussion:
The use of wall signs is a permitted use 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 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
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. There is no other location for the applicant
to maintain a wall sign on the store front without
removing the underline from the sign.
Discussion:
An alternate development plan is not feasible as there is
adequate space on the building for the type of sign
proposed by the applicant, including the logo as part of
the sign.
. wp92-010v/spro/mod (3/2/92)
. 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 location for the sign
contains adequate space for the sign and the logo. The
Board is not of the opinion that the variance is self-
induced, constitutes a rezone or 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 92-010-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 one year 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 reviewed and
approved by the New Encini tas Board and 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 and any other applicable
Government Agencies.
. wp92-010v/spro/mod (3/2/92)
. (7) The existing sign, Nail Fakir, is to be reduced in size
to 12" letters and relocated so as to be spread out and
not stacked. Any future signs adjacent to the Nail Fakir
are to be of the same proportion as the Nail Fakir.
permission from the existing tenants to reduce their
existing signs must be obtained and submitted to the
Planning Department prior to obtaining the building
permit.
(8) The architecture over the middle window is to be
preserved, and the crown, located above the window, is to
be reduced in size to accommodate the space between the
window and the top band. Further, the underline is to be
broken between the middle window.
(9) The applicant shall modify the following sections of the
existing sign program: Sign Criteria #2, #10 (Sign A) ,
and Scope of Signs #1. These 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 146 EI
Camino Real (Super Crown) which has received permission
from the New Encinitas Community Advisory Board to exceed
the required square footage to a maximum of 65.3 square
feet. Future tenants of the store adjacent to the
existing store, Nail Fakir, shall install a sign of the
. same proportion as Nail Fakir. At such time that the
present tenant (Super Crown) 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 requirement."
Modification of the existing sign program is to be
completed prior to obtaining building permits.
(10) 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.
. LN/CAB14-189wp
. PASSED AND ADOPTED this 2nd day of March, 1992, by the
following vote, to wit:
AYES: Beck, Felker, Weaver, Wilkey
NAYS: None
ABSENT: Patton
ABSTAIN: None
'! " (1
,,'1
Lt~(l, lC \L-
Cindy Be9 , Chairperson of
the New Encinitas Community
Advisory Board
ATTEST:
. /, Q ~
C~ ~. ..~
Craig R. Olson, Assistant Planner
. LN/CAB14-189wp