1992-10
. RESOLUTION NO. NE 92-10
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A VARIANCE
REQUEST TO ALLOW A WALL SIGN TO EXCEED THE REQUIRED l:l RATIO AND
THE "NOT TO EXCEED 100 SQUARE FOOT" REQUIREMENT AND
MODIFICATION TO AN EXISTING SIGN PROGRAM FOR WEIGAND PLAZA
FOR PROPERTY LOCATED AT
204 A NORTH EL CAMINO REAL (WEIGAND PLAZA II)
(CASE NO. 92-159-VjSPROjMOD)
WHEREAS, Union Bank 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 at
the Weigand Plaza for property located at 204 A North EI Camino
Real (Weigand Plaza II), and legally described as follows:
All of Parcel 3 of Parcel Map No. 4274 in the County of San
. Diego, State of California, filed in the Office of the County
Recorder of San Diego County, November 28, 1975 as file No.
75-335576 of Official Records. TOGETHER with that portion of
Parcel 4 of said Parcel Map No. 4274 lying Northerly of the
Southerly line of Via Molena Drive.
WHEREAS, a public hearing was conducted on application
No. 92-159-VjSPROjMOD on September 21, 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 four pages
submitted by the applicant and dated received by the City
on August 19, 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;
. wp92-159vjsprojmod (9j2lj92)
. d. CAB staff report (92-159-V/SPRO/MOD) dated August 31,
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 Via
. Molena and EI Camino Real. The entrance to the bank
faces the parking lot and is not visible from the street.
Discussion:
There is adequate space on the building for the proposed
sign as the words on the sign (Union Bank) are proposed
to be stacked and not spread out. Due to the location of
the entrance to the store, it is necessary for the
applicant to have signage facing the main entrance and
signage facing the corner street (ie: Via Molena).
Conclusion:
The New Encinitas Community Advisory Board finds that due
to the location of the main entrance of the store on the
lot and its lack of visibility from the road, the
variance is warranted in order to allow signage to face
the street. Further, this would be the only signage for
Union Bank as no additional sign will be placed on the
existing monument sign.
. wp92-159v/spro/mod (9/21/92)
. 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
the main entrance to the building is 54' in length and
faces the parking lot. The existing sign is 40 square
feet and cannot be seen from the street. Any additional
signage could not exceed 14 square feet. The logo on the
south side of the bank is an integral part of the bank's
identification, and it is necessary for the banks' name
to be clear and concise on the building side facing the
streets. 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 applicant were to adhere to the strict
letter of the law and utilize only the remaining
permitted 14 square feet for both the east and south
building elevations, the logo and sign would be 7 square
feet apiece and would not be legible from the street.
Further, 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.
. wp92-159v/spro/mod (9/21/92)
. 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 Weigand Plaza II.
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, the "not to exceed 100 square feet"
requirement, and subsequently revise the existing sign
program. To identify the use, a need exists to place
signage at locations that are visible to the public from
the street.
. wp92-l59v/spro/mod (9/21/92)
. Discussion:
An alternate development plan is not feasible as the east
and south elevations are the building sides that are
visible from the street.
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 and the logo and
provides visibility for the use to adjacent streets. 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 92-159-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 dated
received by the City of Encinitas on August 19,1992, and
reviewed and approved by the New Encinitas Board on
September 21, 1992. The wall signs SHALL NOT be
. increased in size, extended beyond the limitations of the
wp92-159v/spro/mod (9/21/92)
. 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) The applicant shall modify section #5, Sign Allowances,
on page 4, section C, Channel Letters/Tenant
Identification, on page 5, and exhibits 5 and 6 of the
existing sign program. 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 204 A
No. EI Camino Real (Union Bank) which has received
permission from the New Encinitas Community Advisory
Board to exceed the required square footage to a maximum
of 102 square feet (Case No. 92-159 V/SPRO/MOD). At such
time that the present tenant (Union Bank) 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.
(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 Encinitas Municipal Code.
(10) All illegal signs on the street frontages of the property
(EI Camino Real and Via Molena) are to be removed or
brought into conformance with the Sign Regulations
(Temporary Signs) of the Encinitas Municipal Code.
.
. PASSED AND ADOPTED this 21st day of September, 1992, by the
following vote, to wit:
AYES: Beck, Edde, Felker, Weaver, Wilkey
NAYS: None
ABSENT: None
ABSTAIN: None
(l:~ ~. ~
' ~ f!.J ,,-------
cindy Be , Chairperson of
the New Encinitas Community
Advisory Board
ATTEST:
. G ~
.~\.L Q .' ~~r~
craig R. Olson, Assistant Planner
.