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HomeMy WebLinkAboutV 09-01; Bressi Ranch Self Storage; Variance (V)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: November 4, 2009 Item No. Application complete date: July 24, 2009 Project Planner: Shannon W em eke Project Engineer: Frank Jimeno SUBJECT: V 09-01 -BRESSI RANCH SELF STORAGE-A request for approval of a Variance to the Sign Ordinance (CMC Chapter 21.41) to transfer an allocation for one 50-square foot wall sign to allow for the placement of a second 50-square foot monument sign on a single lot developed with a self storage facility located at 2500 Campbell Place, on the southeast comer of Palomar Airport Road and El Camino Real, in the P-C zone, and within Local Facilities Management Zone 17. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6642 APPROVING Variance V 09-01 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project consists of a Variance to the Sign Ordinance (CMC Chapter 21.41) to allow for one additional 50-square foot monument sign on a visually-prominent comer lot located at the intersection of Palomar Airport Road and El Camino Real and developed with a self storage facility. The staff recommendation for approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND On July 16, 2006, the Planning Commission approved a Conditional Use Permit and Special Use Permit (CUP 05-28/SUP 05-14, PC Resolution Nos. 6134, 6135) for an 182,480 square-foot self storage facility (designed to emulate a Class "A" office building) located at the southeast comer of El Camino Real and Palomar Airport Road. The property is located within Planning Area 3 of the Bressi Ranch Master Plan, which zones the site as P-M, Planned Industrial. Pursuant to the . Master Plan, all signage within the Master Plan shall be in conformance with Chapter 21.41 (Sign Ordinance) of the Carlsbad Municipal Code (CMC). Based on Planning Commission concerns regarding the potential negative visual impact that the amount of signage permitted by CMC Chapter 21.41 could have on the building and at a visually-prominent intersection, specifically the comer elevation directly facing the intersection of El Camino Real and Palomar Airport Road, restrictions were placed on the project to limit the size and location of the wall signs as well as the monument sign along Palomar Airport Road. On January 21, 2009, the Planning Commission approved an amendment to CUP 05-28 (CUP 05-28A, PC Resolution No. 6527) to remove the signage restrictions to allow the amount of signage permitted pursuant to the City's Sign Ordinance; however, the Planning Commission I"\ .... ., V 09-01-BRESS! RANCH SELF STORAGE November 4, 2009 Page 2 reaffirmed that wall signage would remain prohibited on the corner elevation directly facing the intersection of El Camino Real and Palomar Airport Road. Consistent with CUP 05-28(A) and the Sign Ordinance provisions, the property owner subsequently installed one, 50 square-foot monument sign along the Palomar Airport Road frontage ~nd increased the size of the existing wall sign facing Palomar Airport Road from 25 to 50 square feet. One additional wall sign on the building elevation facing El Camino Real (i.e. west elevation) was also approved to be increased in size from 25 to 50 square feet. To date, it has not been increased in size. The current proposal entails a request to relinquish the wall signage allocation on the elevation of the self storage building directly facing El Camino Real (i.e. west elevation) and transfer the allocation to a new monument sign along El Camino Real. In exchange, the applicant proposes to remove the existing 25-:square-foot wall sign from the west elevation. The proposed monument sign would represent the 2nd monument sign on the property. Pursuant to CMC Section 21.41.095, office/industrial buildings in the P-M zone are permitted one, 50 square foot monument sign per lot. Therefore, the applicant is requesting a Variance to allow the placement of a 2nd 50 square foot monument-type sign on the subject lot. The monument sign is proposed to be located approximately 32 feet from the lot's El Camino Real frontage (i.e., western property line), 18 feet from the southern property line, and a minimum of 200 feet from the intersection of El Camino Real and Palomar Airport Road. The proposed sign will also be located west of an existing gravel access road, in between existing water and gas line easements. The applicant has obtained written consent from SDGE for the proposed location adjacent to the gas line easement. The monument sign would mirror the design, size, materials, and color of the existing monument sign located along Palomar Airport Road. As a minor amount of landscaping is proposed to be removed within the required Bressi Ranch landscaped setback area, including the relocation of a few trees, the applicant has also received approval from the Bressi Ranch Corporate Center owner's association for the location of the sign within the landscaped setback area. IV. ANALYSIS Pursuant to Chapter 21.50 of the Carlsbad Municipal Code, Variances may only be granted if four findings can be made. Each of the findings and the supporting analysis is described below. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The subject 4.49-acre lot is located on the southeast corner of El Camino Real (ECR) and Palomar Airport Road (PAR) and is addressed as 2500 Campbell Place. The property is also located within Planning Area 3 of the Bressi Ranch Master Plan, which zones the site as P- M, Planned Industrial. The corner property and associated 182,480 square foot self storage facility are distinctly unique for the following reasons: a. Unlike several properties in the vicinity of the project site with the same P-M (Planned Industrial) zoning classification, which have direct access to the businesses from El Camino Real and Palomar Airport Road, including a direct competitor located V 09-01 -BRESS I RANCH SELF STORAGE November 4, 2009 Page 3 approximately Yz mile to the west of the project site along PAR (i.e., Carlsbad Self Storage), as well as several properties along El Camino Real (i.e., ViaSat, Tri-City Wellness, Aspirations Day care), direct access to the site is not feasible from either of the frontages. Instead, access to Campbell Place is taken from a circuitous route from either Gateway Road (off of ECR) or Innovation Way (off of PAR) to the rear of the site through the Bressi Ranch business park. As the entrance to the facility is not readily- apparent to the general public like the above-referenced properties along El Camino Real and there are no driveways located off of PAR or ECR directly leading to the business entrance, an additional monument sign can be justified so patrons are aware that access to the site can be taken off of Gateway Road. b. The comer property's large size, 4.49 acres, with linear street frontage of approximately 295 feet and 570 feet along two major arterial 'roads, ECR and PAR, respectively, justifies the addition of one monument sign along ECR. As there are no other properties in the immediate vicinity which have the combination of size and extensive frontage along two major arterial roads as well as a use that is retail in nature which relies on visibility as an element of economic viability, the variance for an additional monument sign can be supported. c. Because the property's frontage is encumbered by several utilities and easements, including water lines, storm drains, two gas lines, as well as a 20-foot-wide access easement/road for the reclaimed water pump station located at the comer of PAR and ECR, the building was required to be setback a minimum of 115 feet from the western property line (i.e. El Camino Real). The minimum required setback off of El Camino Real for Planning Area 3 as well as Planning Area 2 (adjacent to/ south of Planning Area 3) of the Bressi Ranch Master Plan is 50 feet (i.e., Bressi Ranch Medical Plaza, 6221 Metropolitan Street, 50-foot-wide rear yard setback off of El Camino Real). With the requirement of a 1 00+ foot setback, the visibility of a 50-square foot wall sign with a maximum letter height of 24 inches is limited. Consequently, the applicant proposes to remove the wall sign and transfer the wall signage allocation to an additional 50 square foot monument sign which will be setback 32 feet from the western property line which abuts El Camino Real. As there will be no net gain in· square footage of signage and the building setback is impacted by several encumbrances which other properties along El Camino Real do not have (i.e. no access easement for a pump station), an additional monument sign can be supported. d. The subject parcel is located in close proximity to McClellan-Palomar Airport. As such, the property is located within the Runway Protection Zone which prevents a wide range of land uses. Beyond limited warehouse uses, a self storage facility is one of the only land uses that could be permitted as it involves a low number of employees and customers. In addition, because the self-storage building is located at a prominent intersection, the architecture was designed to resemble a Class "A" office building. Consequently, potential self-storage patrons may be unaware that the subject building is a self-storage use. The architectural design of the direct competitor Yz mile to the west of the subject site lends itself to a self storage facility. The limitation on land uses as well as the design makes signage an important factor for advertising/marketing to ensure the long-term viability of the use. Therefore, an additional monument sign can be supported. V 09-01-BRESS! RANCH SELF STORAGE November 4, 2009 Page 4 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding. The subject variance does not constitute a grant of special privileges in that no other surrounding properties in the vicinity with a P-M (Planned Industrial) zoning designation have the access, setback, design, and land use restrictions as the subject property. A direct self-storage competitor located \12 mile west of the site is afforded access and a monument sign directly off of Palomar Airport Road. In addition, several other businesses along El Camino Real have building entrances which face ECR, with direct access off of ECR, and are therefore able to adequately direct patrons to the business with monument signage at the driveway entrance (i.e., ViaSat, Tri-City Wellness Center, Aspirations Daycare). Furthermore, the subject lot has two different access points which are separated by a significant distance from one another (approximately \12 mile). Thus, an additional monument sign can be supported. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property. The granting of a variance for a 2nd monument sign does not authorize a use which is not otherwise expressly permitted by the zoning regulations in that monument signs are permitted uses in the P-M (Planned Industrial) zone and the Bressi Ranch Master Plan and the variance does not affect the intensity or use of the building. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans. As the proposed monument sign assists in clearly identifying the use, is located in close proximity to Gateway Road which directs patrons to the project entrance off of Campbell Place, is attractively-designed with materials which complement the building, and contributes towards the economic viability of the business, the project is consistent with several objectives of the General Plan. The 2nd monument sign on the property, which is proposed to be located along the El Camino Real frontage, will enhance the project identity via an aesthetically-appealing design which complements the design of the self storage building and which is an exact replica of the existing 50 square foot monument sign along Palomar Airport Road. The additional monument sign will not appear excessive as the parcel has linear street frontages of approximately 295 feet and 570 feet along ECR and PAR, respectively, and each of the monument signs will be separated by a distance of approximately \12 mile. Although the Bressi Ranch Master Plan defers to the Municipal Code for sign regulations, the Bressi Ranch Corporate Center owner's association approved the subject request to remove and relocate a minimal amount of landscaping for the placement of the proposed sign on September 17, 2009. Therefore, the project does not conflict with the Bressi Ranch Master Plan. V. ENVIRONMENTAL REVIEW The Planning Director 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; V 09-01-BRESS! RANCH SELF STORAGE November 4, 2009 Page 5 therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15311(a), Accessory Structures, of the state California Environmental Quality Act (CEQA) Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. ATTACHMENTS: 1. Planning Commission Resolution No. 6642 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Excerpt from Table B (C.M.C. 21.41.095) 6. Planning Commission Resolution No. 6527 (CUP 05-28(A)) 7. Reduced Exhibits 8. Exhibits "A"-"E" dated November 4, 2009 • N NOT TO SCALE SLATER P Bressi Ranch Self Storage v 09-01 • • Cit~ of Carlsbad IQFJU,Ji.t.i•J§.J%11HU§UI DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ow-nership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MY.§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.} Person Corp/Part. ___________ _ Title. __________ _ Title. ____________ _ Address. _________ _ Address. ___________ _ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership· interest in the property involved. Also, provide the nature of the legal ownership {i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, __________ _ Corp/Part VPI Bressi storage, LLC Title. __________ _ Title. ____________ _ Address. _________ _ Address 8910 University Center Lane, ste 630 San Diego, CA 92122-9107 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602·4600 • FAX (760) 602·8559 • www.ci.carlsbad.ca.us ® • • 3. NON-PROFIT ORGANJZA TION OR TRUST Jf any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of A.t:r£ person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title ___________ _ Title. ____________ _ Address. _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commis~ns, Committees and/or Council within the past twelve (12) months? 0 Yes 0" No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Signature of applicant/date Print or type name of owner Print or type name of applicant Hofman Planning & Engineering Print or type name of owner/applicant's agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 12106. Page 2 of2 BACKGROUND DATA SHEET CASE NO: v 09-01 CASE NAME: BRESS I RANCH SELF STORAGE FACILITY APPLICANT: VPI Bressi Storage, LLC REQUEST AND LOCATION: Request for a Variance to the Sign Ordinance CCMC Chapter 21.41) to transfer an allocation for one 50-square foot wall sign to allow for the placement of a second 50-square foot monument sign on a single lot developed with a self storage facility located at 2500 Campbell Place, on the southeast corner of Palomar Airport Road and El Camino Real, in the P-C zone and within Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lot 14 of Carlsbad Tract Map CT 02-45 in the City of Carlsbad, County of San Diego, State of California, according to map thereof number 14960, filed in the Office of the County Recorder of said County, February 4, 2005. APN: 213-261-05 Acres: 4.49 Proposed No. ofLots/Units: Nc:....:..:...:/A-=------------- GENERAL PLAN AND ZONING Existing Land Use Designation: :....P=la=nn=ed=--=In=d=u=st=n=·a"'-l.>...:(P;...:I"'-) _____________ _ Proposed Land Use Designation:~P.-.!cl!:!:.!ann=e~d.-.!cl.!.!;nd~u~s'""'tr~ia"""l'-'-(~P~I)"--------------- Density Allowed: N/ A Density Proposed: c:...:N"-'1 Ac_:...._ _________ _ Existing Zone: Planned Community (P-C) Proposed Zone: Planned Community (P-C) Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-C (P-M) PI Self-storage facility North M/OS PI/RLIG/OS Airport, open space, transfer station South P-C (P-M) PI Vacant-future industrial East P-C (P-M) PI Industrial office building West C-T-Q TR Olympic Resort, unoccupied LOCAL COASTAL PROGRAM Coastal Zone: DYes ~No Local Coastal Program Segment:N :....:..:...:/A:...:___ ______ _ Within Appeal Jurisdiction: DYes ~No Coastal Development Permit: DYes ~No Local Coastal Program Amendment: D Yes ~ No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: "'-'N"-"1 A-=----- Existing LCP Zone: =--N:..:...:/ A:...:___ _____ _ Proposed LCP Zone: =--N'-'-'1 A:...:___ _______ _ Revised 01106 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): .:::..3 ________________ _ ENVIRONMENTAL IMPACT ASSESSMENT ~ Categorical Exemption, CEQA Section 15311 (a), Accessory Structures D Negative Declaration, issued ____________________ _ D Certified Environmental Impact Report _________________ _ D Other, _________________________ _ Revised 0 I /06 • ~· • 21.41.095 TABLE B (Continued} PERMANENT SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A SIGN PERMIT .Regional Pole 1 per center !50 square feet 35 feet above Near primary Pole sign is Commercial Centers per sign average grade project allowed in entrance. addition to other signs pennitted for Commercial Centers. Office, Industrial and Monument 1 per lot 50 square feet 6 feet above Near primary 1. Must Retail uses in the R-(See Note #I average grade/8 project include P, 0, C-M, P-M, and below) inches entrances or building M zones (See Note at other address. #7 below) strategic· 2. See Note locations. #3 below. Directional 3 per 6 square feet 4 feet above Should be Signs driveway average grade/6 located to entrance inches facilitate traffic internal to the site. Buildings< 35,000 Wall 1 per building 50 square feet See Note# 8 (See Note #4 square feet in area below/24 inches below) Buildings 35,000 Wall l per building 50 square feet See Note# 8 (See Note #4 square feet-60,000 or below/36 inches below) square feet in area 2 per building See Note# 8 (See Note #5 below/ 24 below) inches Buildings> 60,000 Wall 1 per building 50 square feet See Note# 8 (See Note #4 square feet in area or below/36 inches below) 2 per building See Note# 8 or below/24 inches 3 per building See Note# 8 (See Note #6 below/24 inches below) Office or Industrial Wall or Fascia 1 per 5 square feet 6'' letters Directly Establishment with a establishment 9'' logo's above separate building entrance entrance in a multi-~ tenant building 684-1 (Carlsbad Supp. No. 15, 2-06) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNIN& ~-OMMISSION RESOLUTION NO. 6527 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO CUP 05-28 TO MODIFY THE PREVIOUSLY -APPROVED WALL AND MONUMENT SIGN AGE ALLOCATIONS TO ALLOW THE AMOUNT OF SIGNAGE THAT IS PERMITTED PURSUANT TO THE CITY OF CARLSBAD'S SIGN ORDINANCE, FOR AN EXISTING SELF-STORAGE FACILITY LOCATED AT 2500 CAMPBELL PLACE, IN THE P-C ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESS I RANCH SELF-STORAGE FACILITY CASE NO.: CUP 05-28(A) . WHEREAS, Hofman Planning & Engineering, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by VPI Bressi Storage LLC, "Owner," described as Lot 14 of Carlsbad Tract CT 02-45, Bressi Ranch, in the City of Carlsbad, County of San Diego, State of· California, according to map thereof No. 14960, filed in the office of the County Recorder of San Diego County, February 4, 2005 ("the Property''); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits "A" -"J'' dated January 21, 2009, on file in the Planning Department, BRESSI RANCH SELF-STORAGE FACILITY-CUP 05-28(A); as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 21, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at sa;tl public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH SELF-STORAGE FACILITY -CUP 05- 28(A), based on the following findings and subject to the following conditions: Findings: (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) I. 2. 3. 4. 5. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that tbe proposed signage modifications to an existing self-storage facility which is designated as Planned Industrial (P-M) in the Bressi Ranch Master Plan, is consistent with the objectives of the General Plan, since it will clearly identify the planned industrial use and contribute towards its economic viability. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed increase in signage to allow what is currently permitted pursuant to the Sign Ordinance will assist in identifying the existing self-storage facility. The proposed changes will not be detrimental to tbe surrounding properties since the surrounding properties, all zoned P-M (Planned Industrial), have been granted commensurate wall and monument signage allowances consistent with Chapter 21.41.095 of the Carlsbad Municipal Code. That the site for the proposed. conditional use is adequate in · size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, inorder to integrate the use with other uses in the neighborhood, in that the proposed modifications to the wall and monument signage allocations are consistent with the minimum developments standards pursuant to CMC Chapte~ 21.41.090, the Sign Ordinance, including size, setbacks, letter height, etc. In addition, the existing parcel and associated self- storage buildings are adequate in size to accommodate the increased size proposed for both the monument and wall signage. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that access to the existing self-storage facility is currently taken off of Campbell Place which ti~s in with Palomar Airport Road to the north. The proposed request to increase the signage allocations will not have any impact on the adjacent street system as an increase in the size or use of the storage facility is not proposed. That the project is con~:istent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) in that no landscaping is proposed for the request to modifY the signage allocations. PC RESO NO. 6527 -2- 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. That the Planning Director 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 153ll(a) (Accessory Structures) ~ of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Planning Commission 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 project, and the extent and the degree of the exaction is ~n ~ough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a sign permit unless otherwise specified. I. 2. 3. 4. 5. 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 impJem~nted and maintained according to their terms, the City shaH 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 Conditional Use Permit Amendment. · Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the fl1nditional Use Permit Amendment documents, as necessary to make them internally cvnsistent 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be inval~d unless the City Council determines that the project without the condition complies with all requirements of law. 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 PC RESO NO. 6527 ~3~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6. 7. 8. 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 Conditional Use Permit 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. The adopted project conditions for CUP 05-28, which are contained in Planning Commission Resolution No. 6134 still apply to the existing self-storage facility, with the exception of Condition No. 26 which is replaced by Condition No.7 below. No wall signage shall be allowed on the northwest elevation of Building B which directly faces the intersection of Palomar Airport Road and El Camino Real. The monument sign located along the property's Palomar Airport Road frontage shall be located a minimum c;f 2'JO feet from the intersection of Palomar Airport Road and El Camino Real, as measured from the curb return and no further to the east than the Developer's property line. The monument sign must remain on the Developer's property, cannot be located off-site or adjacent to El Camino Real, and must be architecturally-designed with materials which are compatible with the existing self-storage facility. Prior to the issuance of a sign permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifYing all interested parties and. successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit Amendment by Resolution No. 6527 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 23 Code Reminders: 24 25 26 27 28 9. ;,..: ·-,·. Approval of this request shail not excuse compliance with all applicable sections of the Zoning Ordinance and ail other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RESO Nb. 6"527 -4- 2 3 4 5 6 7 8 9 10 l'l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" offees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition 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 procedure 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 21, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: Commissioners Baker, Cardosa, Douglas, Whitton, and Chairperson Montgomery Commissioners Boddy and Dominguez ~IL ___;;=-=-.:...:.....;:_____;;:.....:...:.. ________ ----- DONNEU Planning Director PC RESO NO. 6527 -5- 1421 West Lewis Street.. San Diego, California 92103 Telephone:619.542.1815 I Fax:619.542.1837 www.stuartwhitedesign.com I C> Stuart White Design 1009 Job Number: 1842 Job Name: Bressi Ranch Self Storage Page Title: Site Plan 2500 CAMPBELL PLACE EXISTING SIGN PERMITS F.1, F.2, G.1; PS 09·20 N EB EXISTING (47.3 sa. FT.) WALL SIGN Approved: D As is D With Changes Initials: Date: _______ _ Page: 1 PLAN VIEW 10' ELEVATION !DOUBLE SIDED) TOTAL SQ. FT. = 50 1421 West lewis Street, San Diego, California 92103 Telephone: 619.542.1815 I Fax: 619.542.1837 www.stuartwhitedesign.com I Q Stuart White Design 1009 Job Number: 1842 10'-8" 8'-0' Job Name: Bressi Ranch Self Storage 10' Page Title: Monument Sign-Double Faced Sign Type: G-Typical !) \1 0 NON-ILLUMINATED STUCCO MONUMENT FACES/RETURNS PAINTED TO MATCH EXISTING BUILDING COLOR (SHERWIN WILLIAMS 6084) 0 1/4" DEEP F.C.O. COPY, FLUSH MOUNTED USING BACKPINS. LETIERS TO BE ALUMINUM PAINTED MATIHEWS SATIN BLACK. 03" DEEP INTERNALLY ILLUMINATED CHANNEL LETIERS USING WHITE LED'S, ACRYLIC FACES WITH DAY/NIGHT VINYL OVERLAY (3M ROYAL BLUE W/3/4" TRIM CAP JEWLITE ROYAL BLUE 274C). MATCH RETURNS TO STUCCO COLOR. 0 STONEWORK CHARDONNAY DRYSTACK LEDGER STONE CSV-2012, TO MATCH BUILDING LEDGER STONE G CONCRETE BLOCK TO BUILD OUT MASONRY BASE AS NEEDED 0 2" SQUARE ALUMINUM TUBE FRAMEWORK SKINNED WITH WALLBOARD 0 ACCESS PANELS AS NEEDED 1'·10" STONE SIDE VIEW SECTION NOTE: FOOTING DETERMINED BY FABRICATOR Approved: D As is 0 W1th Chanpes Initials: Date: _______ _ Page: 2 ©2009 O'Day Consultants, Inc. \ I \ LOT 14 c:r o2~1s EASEMENTS OF RECORD (ASOI£NTSPOiP!IElllt/INAIIY nn£REPa<f8YfJHSTAMEN!CAH l/llECCNPA/0', Na NCS-181J50-S0. f)Aiff) S£PfDID£R 20. 2«J5 .t /JPOAlllJ AVGt/Sf 2006 .. OJ 00 Pff/HS {l] Rffi'CtBJ WArn? liHlS IT) CEN£/?Al/JlllJTY.tACCESS IT] l.AMJSCW MAII{f(NWC£ .. EASEMENT TABLE INS!Rtiii!NTNO 151772 JULY27. !9W F/N200J-fJ6J105/ M4Y29, 200J IW'MJ 1>1960 FfBI?IIARr { 2005 f/N2005-00966ll COUNTY Of SAN Ol(r;() F/N !N-112298 COUN!YOFSAN~GO F/N67--152377 COONTY OF SW lii£CO F/N 87->172299 F/N200S-Q55!9JS F/N 76-J6864-I Ai/GIIS{l/,1987 Allrli.ISTZO.l987 I '" SCAU.,1'•20' ' EMXNPI.SSES AU OF LOT U BfXJN04RY c~/~~L----J0-8--IN-F-OR_M_A_TI_O_N----,-------,-,c~~~E~~~~H~~~-~~R~::.~w--,------.-----~D~ES~C=R=IP=TI~O~N~----r---~p=o=IN~T~NU=M=s=E~R~S----,-£.~~M~rm~T~ro~~~.-------------------------------------,--------i 7MI-Il1-1700 fo.760-ll'-II&IIC ... -.............. .... 0.0["9"-·"9 f>lo.,n.,~ p_., .... CI.LCUI..ol:n:o BY:.JI..'fti:L.... DATt:.l!l.l!!U'ZII!! SCAU::~Z!l....__ t!ffflRl' Wltlrtfl 'P!!ff!TfW!J!(M'A!fiPQiff !!rl.f!lQ'!IWJTUI!NfOCO "M"""MAI 8R£SS f/ANCH lOT U S/GNAGl' I \O!!IIB0\06WClOIO..q S.p 10, :l009 9.()0om '"'IOOI'a'J""'W,O'laQ.,;RD.~D.CU0AU!C.()6aOBUTt06110!<TPO,Q!8005TII,(I(.I!O~ SHEET f of f ( ERRATA SHEET FOR ITEM #1 November 4, 2009 TO: PLANNING COMMISSIONERS FROM: Shannon Werneke, Associate Planner SUBJECT: Bressi Ranch Self Storage, V 09-01 1. Suggested modifications to Planning Commission Resolution No. 6642 (additional substantive text is underlined, deleted text is identified via strikethreugh): Finding No. l(a) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that: a. Unlike several properties in the vicinity of the project site with the same P-M (Planned Industrial) zoning classification, the project site does not have direct access to the business from El Camino Real (ECR) and Palomar Airport Road (PAR). A direct competitor located approximately Y, mile to the west of the project site along PAR (i.e., Carlsbad Self Storage) is able to access its business from Palomar Airport Road as are other business properties along El Camino Real such as ViaSat and the Tri-City Wellness Center. As11irations Dayeare). The project site entrance at the rear of the site on Campbell Place must be accessed circuitously from either Gateway Road (off of ECR) or Innovation Way (off of PAR) through the Bressi Ranch business park. As the entranee to the faeility is not readily af111arent to the general f1UI3iie lil<e the alle~·e refereneed flrOf!erties along El Camino Real and there are no driveways located off of PAR or ECR directly leading to the business entrance, an additional monument sign can be justified to draw the attention of passing pedestrians and motorists to the business at ground eye level.so 11atrons are aware that aeeess to the site ean be tal<en off of Gateway Road. Finding No. 2 That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding, in that no other surrounding properties in the vicinity with a P-M (Planned Industrial) zoning designation have the access, setback, design, and land use restrictions that the subject property has. A self-storage direct competitor located 'lz mile west of the project site is afforded access directly from Palomar Airport Road and a monument sign at that entrance. Several other businesses along El Camino Real have building entrances which face ECR, with direct access from ECR, and are, therefore, able to adequately direct patrons to the business with monument signage at the driveway entrance (i.e., ViaSat and Tri-City Wellness Center, f.sfliratiens Dayeare). Furthermore, the subjeet let has twa different aeeess flOints whieh are Seflarated by a signifieant distanee fFem ene another (aflf!reximately \~ fllilt+. Thus, an additional monument sign can be supported for the project site to make the project business more apparent to passing pedestrians and motorists in a manner that they are accustomed to seeing.