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
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. 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
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. 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
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. 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.
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. (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
.