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1992-08 . RESOLUTION NO. NE 92-08 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 FEET" REQUIREMENT, REQUEST FOR ADDITIONAL SIGNAGE TO BE ADDED TO THE EXISTING MONUMENT SIGN, AND MODIFICATION TO THE EXISTING SIGN PROGRAM FOR WEIGAND PLAZA FOR PROPERTY LOCATED AT 146 EL CAMINO REAL (WEIGAND PLAZA I) (CASE NO. 92-107-V/SPRO/MOD) WHEREAS, Donna A. Marin applied for a Variance in accordance with Chapter 30.78 Variances from section 30.60.100D Wall Signs, Section 30.60.100C Monument Signs and 30.60.130A Nonconforming Signs 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" maximum sign requirement, request for additional signage to be added to the existing monument sign to exceed the permitted 175 . maximum square foot requirement for monument signs 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. 92-107-V/SPRO/MOD on July 6, 1992 by the New Encinitas Community Advisory Board, at which time all persons desiring to be . wp92-107v/spro/mod (7/6/92) . heard were heard; and, WHEREAS, evidence submitted and considered to was to include without limitation: a. Site plan and elevations consisting of three pages submitted by the applicant and received by the city on June 8, 1992; 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 (92-107 V/SPRO/MOD) dated June 29, 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 and to exceed the 100 square foot maximum size requirement, and for additional signage to be added onto the existing monument sign to exceed the 175 square foot maximum size requirement pursuant to the Municipal Code. The subject store is located at the corner of the plaza and is not visible from the street. The proposed sign will exceed the permitted square footage by approximately 33' 6". The monument sign is proposed to exceed the permitted 175 square foot maximum by 7 square feet. Discussion: There is adequate space on the building for the proposed sign, although it will exceed the permitted square footage. The store frontage is 120 linear feet. The . monument sign will not be increased in height or width, wp92-107v/spro/mod (7/6/92) . but will be increased in signage area to exceed the maximum permitted 175 square feet by 7 square feet; the linear footage of the property along EI Camino Real is 667 linear feet. Due to its location in this plaza, the applicant does not receive the amount of visibility afforded to other stores in the plaza. Further, the added canister sign to the bottom of the monument sign will not increase the size of the existing monument sign structure. The applicant will utilize the air space at the bottom of the sign and additional structural supports are not necessary. 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, the signage on the monument sign will not increase the size of the sign itself, it will only utilize the air space at the bottom of the 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. The tenant is considered to be a major tenant with store frontage of 120 feet and will encompass 13,100 square feet of plaza area. The applicant will not increase the size of the monument sign, it will maintain its current 16' x 13' size. Monument signs are also a permitted use in the general commercial zone. The major tenants of that plaza utilize the monument sign. Discussion: The use of wall signs and monument signs 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 and monument signs are a permitted use in the General Commercial zone. The location of the DOW store lends . wp92-107v/spro/mod (7/6/92) . itself to maintain a large wall sign as it is not visible from the street. Also, some of the major tenants of this plaza currently use 36" high letters. Further, the additional signage on the monument sign will help to identify the location of the DOW store in the plaza and is used by the major 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 to exceed the 100 square foot maximum wall sign allowance, to add onto an existing monument sign and exceed the 175 square foot maximum monument sign allowance and subsequently revise the existing sign program for the Weigand Plaza I. Discussion: The use of wall signs and monument signs is a permitted . use in keeping with the General Commercial zone. Conclusion: The New Encinitas community Advisory Board finds that 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 . wp92-107v/spro/mod (7/6/92) . 4. Would authorize or legalize the maintenance of any private or public nuisance. Facts: There is no other location for the applicant to maintain a wall sign on the store front and the applicant is reducing the existing Weigand Plaza letters from 24" to 12". The monument sign is existing and the structure is not proposed to be enlarged, only the existing air space at the bottom utilized. Discussion: An alternate development plan is not feasible as there is adequate space on the building and at the bottom of the monument sign for the type of sign proposed by the applicant. Further, these signs would not constitute a rezoning or amendment to the zoning code and would not authorize or legalize the maintenance of any private or public nuisance as the monument sign is existing and wall signs are permitted. 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. Further, the monument sign is existing and is the structure is not proposed to be enlarged. 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 signs. NOW, THEREFORE, BE IT RESOLVED THAT the application for Variance 92-107-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. . wp92-107v/spro/mod (7/6/92) . (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. (7) Any future signs adjacent to the Nail Fakir are to be of the same proportion as the Nail Fakir. . (8) 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 (DOW Stereo/Video store) which has received permission from the New Encini tas community Advisory Board to exceed the required square footage to a maximum of 133'6" 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 (DOW Stereo/Video) 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. (9) 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. (10) That the applicant adhere to the conditions agreed to in the Sign Design/Relocation Agreement dated received by the City of Encinitas on June 8,1992 and signed by vicki Cole and Michael Romagnolo, President of DOW. PASSED AND ADOPTED this 6th day of April, 1992, by the following vote, to wit: AYES: Felker, Weaver, Wilkey NAYS: Beck ABSENT: Edde ABSTAIN: None '" .4 I' tL ~, Cindy B , Chairperson of the New ~ ncini tas Community . Advisory Board ATTEST: ~Q.~~ Craig R. Olson, Assistant Planner .