HomeMy WebLinkAbout1997-11-19; Planning Commission; ; PS 96-16 - AVIARA HEDGE SIGN APPEAL... _d City of CARLSBAD Planning Departme.__
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: November 19, 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. BACKGROUND INFORMATION
This item was continued from the November 5, 1997 Planning Commission hearing at the
request of the applicant. According to Larry Clemens of A viara Land Associates, their
continuance was necessary to because their consultant, who had information crucial to their
position, could not attend the November 5, 1997 public hearing.
As shown on the attached letter, Mr. Clemens has agreed to remove the A viara Hedge Sign prior
to November 19, 1997, but still wants the sign permit appeal heard at the November 19, 1997
public hearing. Staff's recommendation remains unchanged because the sign permit request does
not comply with the A viara Master Plan or the Carlsbad Municipal Code.
III. ATTACHMENTS
1. Planning Commission Resolution No. 4197
2. Letter from A viara Land Associates, dated November 6, 1997
3. Planning Commission Staff Report, dated November 5, 1997.
0
November 6, 1997
Mr. Mike Grim
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
I
AVIARA
Re: A viara Hedge Sign Appeal -PS 96-16
Dear Mike:
A viara Land Associates will comply with staff's recommendations to remove our A viara
Hedge adjacent to Planning Area 27.
However, we are still desirous of being heard as scheduled at the November 19, 1997
Planning Commission hearing.
Thank you.
Sine el ,
D.L. Clemens
Vice President/General Manager
DLC/apl
cc: Michael Holzmiller
A 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
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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 HEDuB 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 100 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 Aviara 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 Aviara (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
----......__,, CI
June 18, 1997
Michael Holzmiller
Planning Director
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
I
AVIARA
Re: PS -96-16 A viara "Hedge" Sign
Dear Michael:
RECEIVED
JUN 1 9 1997
CITY OF CARLSBAD
Pl A~NING 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,
~ D. Larry Clemens
Vice President/General Manager
DLC/lss
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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.
LANE
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NOTE: Signage locations are approximate and may deviate
due to changes in neighborhood layout with approval from •
Aviara Al\:hitectural Master Plan Review Committee.
--
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.
·-·· . --..... ---·--·
COM~NG SOON
Wi0][(1r NAM[
OOC:,'SINGLE FAMILY LUXURY HOMES
I BY "HILLMAN PROPEIRTl[S;
AVIARA
"Coming Soon" signs will be to inform potential homeowners or
upcoming projects in Aviara, and will be located on the parcel
with the approval of the Avian 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 or Carlsbad.
Any relocation or these types of signs must be approved by the
Aviara Architectural Review Committee and the City of
Carlsbad.
The A viara Land Associates will contract with MSI or another
professional sign company for the maintenance or relocation of
these signs.
The owners or agents of subdivisions, for a period of one year
from the date of the recording of the ftnal subdivision map,
may erect a free-standing sign of one hundred square feet or
less in area within the limits or the subdivision at each major
approach thereto but not within one hundred feet or any
dwelling located outside or the subdivision. In addition, they
may erect a single free-standing sign of an area not in excess of
twenty-five square feet at the subdlvlilo~ sales office located
within the subdivision.
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'EjJ7Jl.T ~AJDIJi ON
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 Avian 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
orthe community in the same type as •A,iara".
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KIOSKS
Kiosks will be used to direct potential homebuyers to the!
different projects in Aviara.
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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
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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
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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 Carlsbad.
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 scquenliul
aUncltment 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 will require a new sign
permit from the City of Carlsbad.
AMENDED TEXT A single landscape vegetation design spelling "AVIAllA ", is
allowed on the PJannlng Area 27 landscape slope adjacent to
Batiqultos Drive. This vegetation design will not exceed 1800 . II
square feet In area, and will rec1uire a separate sign f)ermit.
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FLAGS AND POI.ES
Flags will be 35'0" maximum height, and will include lhc
American llng, California llng and/or flogs for governmentul
/ agencies, sch(K,ls or religious grou11s (three flags moxi~num).
-~ ·-·-·· /.. ..... !~ .. ~..!,!!!!~~•4~~,~•d .... ~e or _white 1u1lnted fiberglass. Flags will he
\ located adjnce·ria fo 'tJie mitctel''!"ci'ii1pterror·eactt,,fflject,--Ea.a
·, ____ . develo11er is res1mnsible for the mnintennnce nnd u1,kee1, of
1K•les and nags to insure aesthetic harmony throughout A viu ru.
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l,lncement of poles and flogs within model com1>lex also needs
· npprovol by the Avinro Architectural ltevicw 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 or a civic,
political, or recreational nature. In the event such
' conditional permission ls 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. ldentincation or 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;
e. information regarding the sale, lease or rental
thereof;
r. noncommercial messages by the owner or
occupant of the property;
4. Signs with exterior light sources which are not
shielded so as to reRect all light directly upon the
sign;
S. Ughted 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. 1 (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 ls 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.