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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 .