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Home My WebLink AboutAMEND 2023-0003; OCEAN RIDGE SIGN PROGRAM AMENDMENT; Admin Decision Letter' I • " ' --..., May 10, 2023 Stephen Atteberry 1216 La Presa Ave Spring Valley, CA 91977 Ccityof Carlsbad· 8fll[ COPY AflL/:,0 .S/lo/lJ SUBJECT: AMEND 2023-0003 (DEV2023-0049) -OCEAN RIDGE SIGN PROGRAM AMENDMENT - Request for approval of an amendment to the Ocean Ridge sign program for the property located at.5796 Armada Drive, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 13. Dear Mr. Atteberry, The City Planner has completed a review of your application for an amendment to the Ocean Ridge sign program AMEND 2023-0003 for the Ocean Ridge Development located 5796 Armada Drive. Specifically, the sign program amendment includes relocating one 25-foot-wide by 24-foot-tall wall sign on the south elevation of the existing office building and to revise the design of a previously approved 144-foot-wide by 72-foot-tall monument sign. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Carlsbad Municipal Code Section 21.41;060 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: 1. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter in that all proposed signs in the sign program comply with Carlsbad Municipal Code Chapter 21.41. 2. The signs have been integrated with the project's building, site and landscaping design to form a unified architectural statement in that the proposed sign program will provide a uniform design consistent with the existing architectural style within the subject property. - 3. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15311(a)-Accessory Structures, On-premise signs of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov AMEND 2023-0003 (DEV2023-0049) -OCEAN RIDGE SIGN PROGRAM AMENDMENT May 10, 2023 Pa e 2 4. The City Planner has reviewed each of the exactions imposed on the Developer, contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the proje'ct, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for AMEND 2023-0003 (DEV2023-0049) -OCEAN RIDGE SIGN PROGRAM AMENDMENT as shown on Exhibits "A" -"F" dated IViay 9, 2023 on file! in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise • noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Sign Program Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Sign Program Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project; Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable ·provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as proviqed in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the_ condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Sign Program Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use. contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been . concluded and continues even if the City's approval is not validated. AMEND 2023-0003 (DEV2023-0049) -OCEAN RIDGE SIGN PROGRAM AMENDMENT May 10, 2023 Pa e 3 7. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Code Reminders: 8. Approval of this request shall not excuse compliance with all applicable sections of the Zoning OrdiQance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise sp~cifically provi.ded herein. • 9. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City·Planner prior to installation of such signs. NOTICE Ple·ase take NOTICE, that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to·for convenience as "fees/exactions." You have 90 days from the date of final approval to protest impo_sition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that pro_cedure will bar any subsequent legal' action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. Tt;ii's decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $847.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Lauren Yzaguirre at (442) 339-2634. • Sincerely, CLIFF JONES Principal Planner CJ:LY:JC c: Ocean Ridge Carlsbad LLC, 225 Broadway Unit: STE 2075 San Diego, CA 92101 Eric Lardy, City Planner • File Copy Data Entry