1988-20
RESOLUTION NO. OE-20
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
8 APPROVING A SIGN PROGRAM FOR A SERVICE STATION
AND CAR WASH FACILITY, LOCATED AT THE NORTHWEST
CORNER OF ENCINITAS BOULEVARD AND THE 1-5 OFF-RAMP
WHEREAS, a request for a Design Review Permit for signing
of the Shell Service Station and car wash, located at 108 (#50)
Encinitas Boulevard, was requested by GMI, Inc. for Shell oil
Company;
WHEREAS, a public hearing was conducted on the application
on January 21, 1988; and
WHEREAS, the CAB considered:
1. The staff report dated January 21, 1988;
2. The project/sign plans submitted by the applicant;
3. Oral evidence submitted at the hearing;
8 4. Written evidence submitted at the hearing; and
WHEREAS, as a result of said evidence a motion was made
and duly made to approve signing for the property with the
following revisions to the signage proposed in the plans
submitted by the applicant:
1. Deletion of the proposed 18 foot high freeway-
oriented sign.
2. Modification to the design of the monument sign to
allow a maximum 175 square feet sign containing three
6 foot by 9 foot panels. The central panel is to be
a directory sign for the shopping center to the
north and west of the service station, with a center
identification name and address above the directory
plates. The other 2 panels are to contain the Shell
logo and price panels, and are to be attached to the
center panel but at an angle such that they are
clearly visible to eastbound and westbound traffic on
8 Encinitas Boulevard.
4/CAB7-484wp (2-4-88-1)
3. Approval of proposed wall signage.
8 NOW THEREFORE, BE IT RESOLVED that sign program Design
Review Permit 87-203 DR is hereby approved subject to the
following conditions:
1. Prior to issuance of building permits, the applicant
shall provide staff with detailed plans of the
revised project signage described above to be found
satisfactory by staff as consistent with the
Community Advisory Board approval.
2. Prior to issuance of building permits, owners of both
subj ect properties shall sign the attached covenant
and agreement regarding off-site signage for
recordation (Attachment "A") to be found satisfactory
by the Community Development Department.
3. Prior to building permit issuance, the applicant
shall furnish the Community Development Department
with satisfactory evidence of a Coastal Development
Permit or Notice of Exemption from the California
Coastal Commission.
PASSED AND ADOPTED this 21st day of January 1988, by the
8 following vote, to wit:
AYES: Hano, Kauflin, Rollman, Couglar, Tobias
NAYS: None
ABSENT: None 7- Ie l 'ì/l
Board
ATTEST:
.'--".
~....,.. ~.~
LT --
Tom Curriden
Assistant Planner
8 4jCAB7-484wp (1-29-88)
Recording Requested By: )
)
) MASTER COVENANT
8 )
When Recorded Mail To: )
)
City of Encinitas )
Planning & Community )
Development Department )
527 Encinitas Blvd, suite 100)
Encinitas.CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY
SHELL OIL Company and Big Bear Markets ("OWNERS" hereinafter)
are the owners of real property described in Exhibit A which
is attached hereto and made a part hereof ("PROPERTY"
hereinafter). In consideration of the approval by the city of
Encinitas ("CITY" hereinafter) of offsite signage for the
Commercial establishments on the property in addition to
abiding by all other applicable regulations, OWNERS hereby
8 covenant and agree for the benefit of the CITY, to do the
following:
The Shell oil Company shall install and maintain the
tenant identification sign for the benefit of the tenants
of the shopping center. The sign shall reflect the design
shown in attachment "B" as approved by the Old Encinitas
Community Advisory Board. The specific wording on the
sign shall be agreed to by the shopping center
owner/tenants and Shell Oil and shall be approved by the
Director of Planning and Community Development of the
City.
The Big Bear Market shall permit the installation and
8 04/COV1-10wp 1(1/29/88)
maintenance of the Shell logo sign for the benefit of
Shell Oil Company. The sign shall reflect the design
8 shown in attachment "c" as approved by the Old Encinitas
Community Advisory Board.
These obligations are a result of numerous months of
negotiations commencing with the Board of Zoning
Administration hearings when it was determined that the
shopping center tenants needed identification from
Encinitas Boulevard and that the Shell oil Company needed
freeway visibility from Interstate 5. Due to the terrain
and landscaping of the site and the desire of the City to
not have pole signs next to the freeway, the city has
determined that the aforementioned signs will serve the
occupants of the property.
8
For purposes of aforementioned signs only, the City is
recognizing the property as one parcel and is not deeming
the aforementioned signs to be offsite signs.
For other developmental and ownership purposes, the
property is considered to be separate parcels as
identified in attachment "A".
This Covenant shall run with the land and be binding upon and
insure to the benefit of the future owners, encumbrancers,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
8 OWNER agrees that OWNER's duties and obligations under this
04/COV1-10wp 2(1/29/88)
Covenant are a lien upon the Property. Upon notice and
opportunity to respond, the CITY may add to the tax bill of
8 OWNER any past due financial obligation owing to CITY by way
of this Covenant.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including
reasonable attorneys' fees, from the other party. The CITY
may assign to a persons impacted by the performance of this
Covenant the right to enforce this Covenant against OWNER.
DATED OWNER
8
DATED OWNER
8 04/COV1-10wp 3(2/4/88-1)
STATE OF CALIFORNIA)
) ss:
8 COUNTY OF SAN DIEGO)
On , 198 -' before me, the undersigned, a Notary
Public in and for said State, personally appeared
, known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledge that ---- executed the
same.
WITNESS my hand and official seal.
Notary Public in and for
said County and State
CITY OF ENCINITAS
Dated by
(No need to notarize)
8
8 04/COV1-10wp 4(2/4/88-1)