1987-07-09
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CITY OF ENCINITAS
535 Encinitas Boulevard, suite 100
8' Encinitas, California 92024
(619) 944-5050
Minutes of Old Encinitas Community Advisory Board (CAB)
July 9, 1987
All members present: Chairman Harry Couglar, Gail Hano,
Tony Kauflin, Nancy Rollman, Peter Tobias
Staff present: Tom Curriden, Assistant Planner
Item 5 - Public Hearinqs
Assistant Planner Curriden stated that two items had been
continued until July 23rd at the request of the applicant. The
two items were:
1. DR87-01-0E, a proposed addition of a second unit on a lot
containing an existing single-family dwelling for Barbara
Cope, applicant.
2. DR87-02-0E, a proposed addition and remodel to an existing
automobile service establishment located at l10 North
Highway 101 for the applicants Edith and Hugo Hahn.
8 Item 5A - Variance 87-001V. Paul Rotsheck. applicant.
Staff read a brief introduction of the item into the record,
stating that there appeared to be some evidence to warrant making
the required findings for the variance and that evidence was
contained in the staff report for the item.
CAB Chairman Couglar then opened the matter to public comment.
Mr. Allan Dorfman of 345 First Street stated that he concurred
with the discussion contained in the staff report and encouraged
the CAB to make the required findings and approve the variance.
Mr. Couglar asked staff if the monument sign can be a directory
sign. staff indicated that the term "monument sign" refers to a
type of construction of sign and can be proposed to have any
type of message desired.
Nancy Rollman stated that she had difficulty in seeing evidence
to support findings A and B.
Gail Hano commented that the applicant for this project was
requested earlier by the Board of Zoning Administration to design
the center in the manner that it ultimately was; therefore, she
felt the applicant was entitled to special dispensation.
8 Tony Kauflin that this project had less signage than any other
commercial project in the area.
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~hairman Couglar asked staff to clarify what they considered to
be "special circumstances" in this instance. staff replied that
8' there were two elements pointed to in the staff report as special
circumstances, one being that the design and orientation of the
structures were such that the proj ect signing would have
extremely limited street visibility, and that the site for this
project happened to have 240 feet of street frontage, 10 feet
below the amount at which the applicants would be entitled to
have an additional monument sign which could be used for
directory purposes.
Peter Tobias stated that he was fundamentally in favor of the
signs and felt that requiring an applicant to design a commercial
project around signage would not be reasonable, but also stated
he was concerned that it would be a "special privilege" to allow
the applicant to exceed the sign size limitations of Code in this
instance. Mr. Tobias also stated he felt there needed to be a
sign ordinance which contained provisions for providing special
spaces for directory signs in commercial projects.
Chairman Couglar asked staff if the monument sign could be
expanded to accommodate directory signage. staff responded that
the proposed monument sign was as high as could be allowed under
the sign regulations, but that it could be expanded lengthwise to
an amount at which the sign could be as much as 175 sq. ft.,
significantly more than its present 96 sq. ft. Chairman Couglar
then stated that he did not see compelling evidence that the
8 findings can be made, in that the applicant may have reasonable
alternatives such as putting directory signage on the monument
sign. Peter Tobias then proposed that the CAB make alternate
findings for A and B. He said that the applicant's not taking
full advantage of the allowed size of the monument sign could be
seen as a special circumstance and therefore it would not be a
grant of special privilege for the applicant to place a directory
wall sign, in excess of the size limitations of Code, as a means
of making up for that deficiency.
Nancy Rollman then stated that the CAB could have as a condition
of the variance that no more square footage could be used on the
monument sign than had been originally proposed, for directory or
any other purposes. Peter Tobias then moved that the CAB approve
the proposed variance based on the alternative findings he had
just proposed. The motion was seconded by Tony Kauflin and was
approved unanimously.
Item 5B.
Staff made a brief presentation of the item, stating that it is
proposal for a remodel of the Old Market Place, an existing
commercial building located 1010 Old Highway 101, and described
what the applicants were proposing to do to the site as part of
the remodel. Peter Kuhns of 221 West "E" Street in Encinitas
spoke on behalf of the project. He stated that the trunk length
8 of the proposed palm trees was 20 feet, and that he would be
willing to put in place any type of canopy the CAB felt
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,appropriate, and that the canopies would be done in the aqua and
. white colors originally proposed. Mr. Kuhns also stated that he
8' understood the roof-mounted flags were not allowable.
Tony Kauflin asked Mr. Kuhns about a "stop-ahead" sign that had
been obscured by one of the existing street trees. Mr. Kuhns
stated that he didn't even know the sign existed, and stated that
it would be visible with the installation of the proposed palm
~es along the street.
Gail Hano asked staff about the possibility of a "waiver of
liability", such as are used by other cities, in this instance.
staff replied that in cases where there were no liability
problems, cities often issue encroachment agreements, to allow
various kinds of structures or plants within the public right-of-
way, which require that the applicant assume the responsibility
for removing those encroachment at any time that the City wants
the right-of-way cleared.
Peter Kuhns stated that other cities allow encroachments such as
the proposed awnings and that they "get those cases dismissed as
nuisance suits". Gail Hano noted that there were eleven (II)
openings in the sidewalk for trees as opposed to the ten shown,
but that one was too close to the corner in the red zone.
Chairman Couglar next said that the"flavor of Old Highway 101 is
variety", and said that it was difficult to define a predominant
type of street for the area, and that he felt King or Queen Palms
8 would be better than Washingtonia Palms in this case because of
their ease of maintenance and more full foliage. Mr. Kuhns
stated that he preferred Washingtonia but would be satisfied with
any type of palm trees along the street.
Nancy Rollman then asked about the relationship of the large sign
in the center of the street-facing wall of the project to the
"ridges" which exist in the brick face. Mr. Kuhns stated that
the sign was to be mounted on those ridges but would give the
appearance of being flush with the wall. Ms. Rollman then asked
staff if the CAB can approve the proposed awnings from a design
perspective. Planner Curriden stated that the CAB could approve
the awnings as a function of their Design Review, but said that
the public right-of-way is really the domain of the City Council
and that the Public Works Director's opinion that the right-of-
way should be kept clear of any obstructions which may have
public safety occasions is a matter which should be dealt with by
the Council.
Peter Tobias asked if the applicant would want the existing signs
within the band board in the center of the front wall of the
building as part of the final design. Peter Kuhns indicated that
he did want those signs to remain.
Gail Hano stated that she would like to see the tree openings in
the sidewalk have something done with them. Mr. Couglarywhy the
8 applicant was not proposing grates for those openings. ~"q
Mr. Tobias asked Planner Curriden to check with the City Attorney
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,and request a letter about the City's position as to potential
liability from obstructions in the public right-of-way and
8' present that letter to the CAB at their next meeting.
Nancy Rollman then stated that the CAB should also have the
proposal revised for the next meeting to indicate what is
specifically to be done with the tree wells and signage, etc.
The CAB indicated at that point their preference for the grates
in the tree openings.
Chairman Couglar stated that he wanted to see a finished product
before approval. He also reitierated his earlier comment about
preferring King or Queen palms to Washingtonia palms, in that all
that is visible from the street of Washingtonia palms is trunks.
Nancy Rollman agreed with Chairman Couglar on that matter.
Peter Kuhns asked if the existing signing on the site was
satisfactory to the CAB. The members indicated that, in general,
they had no obj ection to the signing. Planner Curriden stated
that all signing should be shown and scaled for verification
relative to the City's sign size limitations. Chairman Couglar
then proposed a motion to continue the item until the meeting of
July 23rd, in order to give the applicant time to respond the the
CAB's concerns, and the motion seconded by Gail Hano and approved
unanimously.
Item 6.
8 Peter Tobias stated he had talked to some people about street and
street furniture. He then proposed that the CAB form a sub-
committee of two members to discuss matters related to street
lights, furniture, awnings, etc. and report back with
recommendations to the CAB. He also stated he would like that
committee to coordinate with similar committees in Cardiff and
Leucadia to ensure a satisfactory transition between CAB areas.
He then asked for any volunteers who might be interested to serve
on the committee, and Mr. Tobias and Nancy Rollman indicated that
raising their hands that they would like to. Tony Kauflin stated
he would be interested in serving as an alternate. Peter Tobias
then made a formal motion to nominate himself and Nancy Rollman
for the street Improvement Sub-Committee, with Tony Kauflin
serving as an alternate, and the motion was seconded by Harry
Couglar and approved unanimously by the committee.
Peter Tobias asked staff if the CAB could be provided a listing
of city hall personnel at the next meeting, and Planner Curriden
indicated that he would provide the members with one.
Tom Curriden
Assistant Planner
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