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HomeMy WebLinkAbout1997-11-05; Planning Commission; ; PS 96-16 - AVIARA HEDGE SIGN APPEALA REPORT T,:OTHEPLW1NGC0MMISSION ~ P.C. AGENDA OF: November 5, 1997 ItemNo.@ Application complete date: June 19, 1997 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: PS 96-16 -A VIARA HEDGE SIGN APPEAL -Request for an appeal of the Planning Director's decision to deny a sign program amendment and sign permit for a landscaped hedge sign located west of Golden Star Lane, between Savannah Lane and Batiquitos Drive in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4197, UPHOLDING the Planning Director's decision to DENY PS 96-16, a sign program amendment and sign permit for a landscaped hedge sign, based upon the findings contained therein. II. INTRODUCTION A viara Land Associates is requesting that the Planning Commission overturn the Planning Director's determination regarding the existing landscaped hedge sign, spelling "AVIARA", located on the southern.slopes of Aviara Planning Area 27, adjacent to Batiquitos Drive. The sign was installed without benefit of a permit and was the topic of several citizen complaints. The sign cannot be allowed, even through a sign program amendment, because it does not comply with the size restrictions for community identity signage as contained in Section 21.41.075(a) of the Carlsbad Municipal Code. In addition, the Aviara Master Plan does not contain any overriding regulation that would alter the restrictions in 21.41.075(a). The applicant appealed the Planning Director's determination, stating that the sign does not exceed the total square footage allowed within the master plan and the precedent has been set elsewhere in the City to allow large landscaped signs. III. PROJECT DESCRIPTION AND BACKGROUND A viara Land Associates is appealing the Planning Director's decision to deny a sign permit and sign program amendment request for a landscaping hedge sign. The sign is located on the south facing slopes behind 1307 and 1311 Savannah Lane in Aviara Planning Area 27, also known as Cantata II, just uphill from Batiquitos Drive. The sloped area is privately owned but covered by a landscaping easement to the A viara Master Homeowner' s Association. As shown on Exhibit "A", dated September 19, 1997, the sign measures approximately 1,800 square feet and consists of hedges of Japanese Privet (Ligustrum japonicum). These hedges are arranged in letter shapes that spell "A VIARA" and positioned on the slope so they are principally visible from Interstate 5 and La Costa Avenue. 0 --- PS 96-16 -A VIARA HEDu£ SIGN APPEAL November 5, 1997 Page2 The A viara Hedge Sign dates back to aerial marketing photos • in the last quarter of the 1995 calendar year. At that time, A viara placed chalk letters spelling "A VIARA" on the slopes south of Planning Area 27 for marketing photos of the entire master plan, taken from the La Costa Park & Ride parking lot. While the chalk letters were rubbed away before staff contacted A viara representatives, staff did inform A viara that the letters constituted a sign and, if desired again, would require a permit. Approximately two months later, Aviara planted the existing shrubs spelling "A VIARA" where the chalk letters had been located. Staff then notified A viara that they needed to apply for a sign program amendment and sign permit for the hedge sign. The applications were filed, with the contention that A viara did not consider the landscaping as a sign. Upon review of the sign program amendment and sign permit application, it was determined that the proposal did not meet the intent, purpose and provisions of several regulatory documents. The existing sign is larger than allowed for an individual sign and it causes the master plan to exceed its overall signage allowance. The landscaping does not match the existing ornamental palate for Batiquitos Drive and detracts from the scenic beauty of the Batiquitos Lagoon viewshed. The Planning Director therefore denied the sign program amendment and sign permit application. The applicant disagreed with the Planning Director's determination and consequently appealed the decision to the Planning Commission. Since no regulations regarding appeals exist in the Aviara Master Plan, the provisions of the Zoning Ordinance apply. In accordance with Section 21.54.140 of the Zoning Ordinance, the Planning Commission's decision on this appeal is final and cannot be appealed to the City Council. The A viara Hedge Sign proposal is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. Sign Ordinance (Chapter 21.41 of the Zoning Ordinance); D. A viara Master Plan (MP 177 and its amendments); E. Landscape Manual. IV. ANALYSIS The recommendation of denial of this request was developed by analyzing the proposal's consistency with the applicable policies and regulations listed above. The following analysis section discusses the lack of compliance with each of these regulations/policies utilizing both text and tables. PS 96-16 -AVIARA HEDuB SIGN APPEAL November 5, 1997 Page3 A. General Plan The A viara Hedge Sign is not consistent with the applicable policies and programs of the General Plan. Particularly relevant to the landscaping sign are the Land Use and Circulation elements. Table 1 below indicates how the project does not comply with these particular elements of the General Plan. TABLE 1-GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, PROPOSED USES AND COMPLIANCE OBJECTIVE OR PROGRAM IMPROVEMENTS Land Use Site design quality indicated by the Japanese privets not part of amount and character of landscaping Cantata ornamental No and screening. landscaping palate Circulation Enhance and preserve the natural and Landscaped hedge sign developed environments along detracts from visual No designated scenic routes. aesthetics of views from Interstate 5, La Costa Ave. B. Local Coastal Program The A viara Hedge Sign site lies within the East Batiquitos Lagoon/Hunt Properties segment of the Local Coastal Program and, therefore is subject to the applicable land use policies and implementing ordinances for that segment. The implementing ordinances for the East Batiquitos Lagoon/Hunt Properties segment are contained in the A viara Master Plan and the Carlsbad Zoning Ordinance. This section only address the proposal's lack of conformance with the land use plan, and sections C and D below discusses the inconsistencies with the implementing ordinances. The policies of the East Batiquitos Lagoon/Hunt Properties Land Use Plan emphasize topics such as protection of environmentally sensitive resources, provision of shoreline access, prevention of geologic instability and erosion, and preservation of agriculture and scenic resources. Most of these policies do not apply to the landscaped hedge sign since there are no environmentally sensitive resources, shoreline access routes or agricultural activities on the site. The manufactured slope is landscaped with ground cover, therefore no erosion issues exist. With regard to scenic and visual qualities, the Land Use Plan states that the provisions of the City of Carlsbad Scenic Preservation Overlay Zone (Chapter 21.40 of the Zoning Ordinance) shall be utilized. One of the purposes of the Scenic Preservation Overlay (SPOZ) is to provide additional regulations for development within designated areas to preserve outstanding views. One of the additional regulations mentioned prominently in the SPOZ is sign control. The viewshed within the Batiquitos Lagoon easily qualifies as an outstanding view and, therefore, the A viara Hedge Sign should be consistent with the intent and purpose of the SPOZ. The sign does not contribute to nor allow the preservation of outstanding views of Batiquitos Lagoon, therefore PS 96-16 -A VIARA HEDlrB SIGN APPEAL November 5, 1997 Page4 is inconsistent with the intent and purpose of the Scenic Preservation Overlay Zone and the East Batiquitos Lagoon/Hunt Properties segment of the Local Coastal Program. C. Sign Ordinance (Chapter 21.41 of the Zoning Ordinance) All signs within the City of Carlsbad are subject to the provisions of the Sign Ordinance, unless modified by a Specific Plan or Master Plan. According to Section 21.41.075, a specific plan or master plan may adopt a sign program that provides entrance, exit, directional and community identity signs. The aggregate area of signage in such a sign program cannot exceed I 00 square feet, plus three square feet for each acre of development. No individual sign is allowed to exceed 150 square feet in area or 15 feet in height. The A viara Master Plan text contains a community identity and signage program, approved in accordance with Section 21.41.075, that details the permitted signs within the master plan. Since the total acreage of the Aviara Master Plan, excluding Batiquitos Lagoon and its associated wetlands, is approximately 1,015 acres, the community identity signage within the master plan cannot exceed 3,145 square feet. As detailed in section D below, the total existing and potential signage in A viara is estimated at 2,788 square feet. According to these calculations, an 1,800 square foot landscaping sign would cause the total signage to exceed that allowed by the Sign Ordinance. In addition, the 1,800 square foot landscaping sign is much larger than the 150 square foot maximum cited in Section 21.41.075. Given the above, the Aviara Hedge Sign is not consistent with the requirements of the Sign Ordinance, Chapter 21.41 of the Zoning Ordinance. D. Aviara Master Plan The A viara Master Plan text does contain a community identity and signage program, approved in accordance with Section 21.41.075, that details the permitted signs within the master plan. Taking into account all existing and potential signage in A viara (including primary and secondary community entry signs, neighborhood entry signs, facility entry signs, future development signs and facility directional signs) the estimated potential aggregate sign area is 2,788 square feet. A breakdown of the potential sign areas is contained in Table 2 below. TABLE 2 -A VIARA MASTER PLAN SIGNAGE SIGNAGE TYPE QUANTITY SIGN AREA AGGREGATE AREA Community Entry 8 75 sq. ft. 600 sq. ft. Neighborhood Entry 27 30 sq. ft. 780 sq. ft. Facility Entry 12 30 sq. ft. 360 sq. ft. "Coming Soon" 7 100 sq. ft. 700 sq. ft. Temporary Master Plan Kiosks 13 22 sq. ft. 286 sq. ft. Facility Directional 1 62 sq. ft. 62 sq. ft. AGGREGATE COMMUNITY IDENTITY SIGNAGE 2,788 sq. ft. PS 96-16 -A VIARA HEDv.ci SIGN APPEAL November 5, 1997 Page5 Even though an amendment to the A viara Sign Program is proposed, the total square footage of signage within the master plan would exceed that allowed by Section 21.41.075 of the Sign Ordinance. Therefore the landscaping sign cannot be approved without an equivalent reduction in the existing and/or potential signage elsewhere in the master plan, which the applicant does not propose. The sign also exceeds the 150 square foot maximum which cannot be adjusted through a reduction in existing or proposed signage. E. Landscape Manual All project-related landscaping within the City of Carlsbad is required to conform to the City of Carlsbad Landscape Manual. In accordance with the Landscape Manual, landscaping plans were prepared and approved for the southern slopes of A viara Planning Area 28 concurrent with other construction documents. These plans present a coordinated palate of ground cover, shrubs and trees. The existing hedge does not appear on the approved landscaping plans and Japanese Privet does not fit the palate of the approved ornamental slope landscaping. Since the hedge is not shown on the approved plans and does not fit within the existing planting palate, the A viara Hedge Sign is inconsistent with the provisions of the City of Carlsbad Landscaping Manual. V. ENVIRONMENTAL REVIEW The A viara Hedge Sign permit was denied and is, therefore, exempt from environmental review pursuant to Section 15270 of the State CEQA Guidelines. ATTACHMENTS: 1. Planning Commission Resolution No. 4197 2. Location Map 3. Appeal letter from Aviara Land Associates, dated June 18, 1997 4. Exhibit "A", dated November 5, 1997. AVIARA HEDGE SIGN PS 96-16 June 18, 1997 Michael Holzmiller Planning Director City of Carlsbad 207 5 Las Palmas Carlsbad, CA 92009 Re: PS -96-16 Dear Michael: I AVIARA A viara "Hedge" Sign RECEIVED JUN 1 9 1997 CITY OF CARLSBAD Pl A"INING DEPT. Enclosed is our check in the amount of $490.00, which represents the City fee for appeal to Planning Commission on the above referenced matter. Our appeal wiU be based upon the premise that the total square footage of signage allowed within the Master Plan has not been exceeded, and the precedent has been set elsewhere· in the City. Please advise us when this item will be scheduled for Planning Commission. Sincerely, Gnr D. Larry Clemens Vice President/General Manager OLC/lss AVIARA [Mtj&~lf~~ t@~~(UJ~D1FW D[Q)~[MlDlf W /A\[N][Q) ~a@~~@~ ~~@@~~~ iJ®®iJ z 0 < CD 3 m tT >< CD :I: .., -en m ~=i co = co)> ..... :: ) INTRODUCTION The Aviara Master Community Identity and Signage Program embodies a comprehensive system of signage and monumentation establishing the California theme suggested for A viara in the plans. The monumentation and signage which is planned and designed will be a balanced and responsive part of the community. Its strong design theme will help create a sense of unity and place in the community. The utilization of the Aviara Master Community Identity and Signage Program will provide a balance between commercial and aesthetic interests, generating signage and monumentatlon which enhances the environmental and architectural features of the area. The guidelines provide for types and sizes of signs and monuments which allow the community to express its unique character and attributes. Model, temporary and on-site project signage may be designed and implemented for that project with the consent of the Aviara Review Committee and approval of the City of Carlsbad. Any additions or changes on any signage will be passed to the Aviara Architectural Review Committee and the City of Carlsbad for approval prior to installation. -·-. : C1.U8HOUSE •AnotnOS UGOOM ;) t\ LIC W\,'.-•J•,lo•' ' . .. . \ N [ cn:-uc ~"' .. l AVIARA lMl'C~~ILIL~~ @~® IBJ~~IMl~IL~~ 'ii~ IR{~!P'!UJIBJILO'C ®I~ [Q)~W/0@$(Q)[NJ ~~ii~ IA 0~ IHI@~~~ ~~ NOTE: Signage locations are approximate and may deviate due to changes in neighborhood layout with approval fmm • Aviara Ar~hitectural Master Plan Review Committee. •• z COMMUNI'JY ENTRY The two community entries are located at the west and east ends or Alga Road. These entries are the main gateways and therefore should create a distinct sense of arrival and a strong contrast to the surrounding area. The entry will include architecture and landscape architecture reflective of the hotel and central core area. Distinctly articulated entry walls with rock and stucco, large specimen oak trees and groves or citrus or avocado trees will be used. Extensive use of flower colors will create the visual excitement to enhance this area. All neighborhood project entry signage is to include type and color subject to Aviara approval. Landscaping is to include water element and trellis. Wherever reclaimed water is present, appropriate warning signs will be installed which meet the California State Health Code criteria. - ~!! ... ---·· ·-----··· -l rr. i~I ·-~,--.. ·-·· • --.. ----· ~ ;::::= COM~NG SOON ![1100)][(1 NAM[ . -000'SINGLE FAMILY LUXURY HOMES - : 0)(0)0) = 0) ijO)~ I BY "HILLMAN PROPEIRTIES: : AVIARA ~ fl '/4 ~--·-··· _ .. . = -- =( -- . : )' ., ------ "Coming Soon" signs will be to inform potential homeowners of upcoming projects in Aviara, and will be located on the parcel with the approval of the Aviara Architectural Review Committee for location and designated information supplied by the developer. Standard design of the signs will be provided by Aviara. All new signs require permits from the City of Carlsbad. Any relocatio n of these types of signs must be approved by the tectural Review Committee and the City of Aviara Archi Carlsbad. The Aviara Land Associates will contract with MSI or another sign company for the maintenance or relocation of professional these signs. The owners from the dat or agents of subdivisions, for a period of one year e of the recording of the flnal subdivision map, free-standing sign of one hundred square feet or within the limits of the subdivision at each major ereto but not within one hundred feet of any ted outside of the subdivision. In addition, they ingle free-standing sign of an area not in excess of quare feet at the subdivision sales office located bdivision. may erect a less in area approach th dwelling loca may erect as twenty-five s within the su il ~11oH .Af S'•Pff YAW 'E:J.JT(iT ~AJ.v,y; orJ NEIGHBORHOOD ENTRY This entry provides the primary access to a specific neighborhood or planning area. All entries shall conform to the entry wall standards, however, letter style, logo and color of entry signs may vary subject to approval by the Aviara Design Review Board and City. Trees that have been designated for the individual planning areas or alternatives approved by the Design Review Board may be used at the entry. All neighborhood project entry signage is to include the name of the community in the same type as "Aviara". KIOSKS Kiosks will be used to direct potential homebuyers to the! different projects in Aviara. .. ' J ~~ • ' ~ ~ I • ' ~ I ~ l[ I ~ -COMMUNITY-cJ~ J:'= ! ' ... ,..._, ~ ,,. lj i I I 1 II b_ 11~.. ~ . I ' I I, -: :; ==--=,' '; 11 I I ,, -r-. If ' r:f ti ' ,, CL """- ~ " I' I' ,, ~,-.......,,; I I I! .. J: :1 '-.$; I ,, II II I ., ,, 11 " I'• \, II 11 /•MARA II .,, I I ... 1, ' Kiosks will be constructed of wrought iron with a painted finish (Frazee SS2SN) and Sintra panels similar in form to the wrought iron details on the Master Community walls. 1bey will be 8'0" in height, •S'J" wide and panels will be 4'r in length with a width of 6". Kiosks will have 6 panels maximum per sign, one of which will be an Aviara panel, and there _wm be only one panel per subdivision per kiosk sign race. Any changes to the information on the signage is subject to review of the Aviara Architectural Review Committee and the City or Carlsbad. • Phasing: for initial phasing of sign installation, locations 1, 2, I 3, 4, S, 7, and 10 will be installed. Location number 6 will be i I nstalled once the Information center Is open. . Primary ocations are signs that direct traffic to numerous subdivisions hat will remain for years. These locations consist of 3, 4, 6 and t s r 7. Sign locations 1 and 2 will remain in place until all of the units are sold In Republic's Avocet subdivision. At that time, igns will be relocated in otber phases or the Community. All new kiosks that are Installed ·or any that are relocated will equire a new sign permit from the City or ~•rlsbad. 71 PROPOSED Panels will remain up until the Inst lot in the subdivision is sold. Panels will be installed one week prior to the opening ol' that subdivision for sale. Each subdivision has a maximum of eight (8) panels. Projects closest to the sign location take priority in the sc<1ucnlinl attachment to the structure from top to bottom . .. Aviara Land Associates will contract with MSI or others for the maintenance of these signs. After the Initial kiosk installation, any additions or deletions of panels wlll require a new sign permit from the City of Carlsbad. AMENDED TEXT A single landscape vegetation design spelling "AVIAllA ", is allowed on the Planning Area 27 landscape slope adjacent to Batiquitos Drive. This vegetation design will not exceed 1800 • II square feet in area, and will rec1uirc a separate sign permit. ----------- "' -------I /~f 1-lI-GfS ., I I ./{. 'IUJ I I .1 I L,.1-11:-c, c:.~-J , , . ..._no~-, AL, FLAGS AND POI.ES ---v ·--• (' ··• . ...:a· ·----. Flags will be 35'0" maximum height, and will include lhc American nag, California llng nnd/or flogs for governmentul f agencies, schools or religious grou1,s (three flogs maximum). -~ ·-·-·· (·• .. !~ .. ~J,•~~.~•4~~1~ld"_~e or _white pointed fiherglnss. Flogs will lK'. located ndjnce·nt to 'ffie ritt>ilel''t'6iilpterror· eachi,mjectl",..Ea.e ' _____ developer is responsible for the maintennnce nnd upkeep 111' 1>oles nnd flags to insure nesthctic harmony Chroughou t A viu ru. • . Placement of poles and llngs within model complex also needs · approval by the Avinrn Architectural Heview Committee u111I City. PROIIIBITED SIGNS No sign with any one or more of the following characteristics shall be allowed within the city and no permit therefore shall be issued except as stated in this chapter: 1. Signs which move in a controlled or freestyle manner, shimmer, or blink, flash, or involve a change of tone or hue; 2. Pennants, banners, streamers, whirligigs, or similar attention-getting. devices except that such devices may be conditionally permitted for a maximum period of thirty days upon prior written approval of the city manager, and in the event of dispute by the city council, for the grand opening or special event of a commercial use or for events of a civic, political, or recreational nature. In the event such conditional permission is granted to erect such · a device, all provisions of this chapter shall apply; 3. Signs, the message of which is anything other than the advertising of the following information regarding the lot on which the sign is located: a. Identification of a building located thereon; b. identification of the owner or occupant thereof; c. identification of activities thereon; d. identification of goods or services offered thereon; 4. e. r. information regarding the sale, lease or rental thereof; noncommercial messages by the owner or occupant of the property; Signs with exterior light sources which are not shielded so as to reflect all light directly upon the sign; 5. Lighted signs which by reason of brilliance, reflected light, or otherwise, are injurious to the health, safety or welfare of the surrounding neighborhood. (Ord. 9608 Sec. 4 (part), 1981; Ord. 9386 Sec. 4 (part), 1974; Ord. 9224 Sec. l (part), 1969; Ord 9060 Sec. 2604). NOTE: Signage locations are approximate and may deviate due to changes in neighborhood layout with approval from Aviara Architectural Master Plan Review Committee. Landscaping is to include water element and trellis. Wherever reclaimed water is present, appropriate warning signs will be installed which meet the California State Health Code criteria. WEEKEND DIRECTIONAL SIGNS Weekend directional signs are not permitted and all other signage is to be approved by the Aviara Master Plan Review Committee and the City of Carlsbad. Hot air balloons are prohibited. ..