Loading...
HomeMy WebLinkAbout2009-01-21; Planning Commission; Resolution 65271 PLANNING COMMISSION RESOLUTION NO. 6527 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO CUP 05-28 4 TO MODIFY THE PREVIOUSLY-APPROVED WALL AND MONUMENT SIGNAGE ALLOCATIONS TO ALLOW THE AMOUNT OF SIGNAGE THAT IS PERMITTED PURSUANT 6 TO THE CITY OF CARLSBAD'S SIGN ORDINANCE, FOR AN EXISTING SELF-STORAGE FACILITY LOCATED AT 2500 7 CAMPBELL PLACE, IN THE P-C ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. 8 CASE NAME: BRESSI RANCH SELF-STORAGE FACILITY 9 CASE NO.: CUP 05-28(A) 10 . WHEREAS, Hofman Planning & Engineering, "Developer," has filed a verified "Owner," described as application with the City of Carlsbad regarding property owned by VPI Bressi Storage LLC, 12 13 Lot 14 of Carlsbad Tract CT 02-45, Bressi Ranch, in the City 14 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 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit Amendment as shown on Exhibits "A" - "J" dated January 21, 2009, on file in the 20 Planning Department, BRESSI RANCH SELF-STORAGE FACILITY - CUP 05-28(A), as 2 1 provided by Chapter 2 1 .42 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on January 21, 2009, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP Amendment. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH SELF-STORAGE FACILITY - CUP 05- 3 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) 6 That the requested use is necessary or desirable for the development of the community, 7 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 the proposed signage modifications to an existing self-storage facility which is 9 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 10 planned industrial use and contribute towards its economic viability. * 1 2. 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 13 assist in identifying the existing self-storage facility. The proposed changes will not be detrimental to the surrounding properties since the surrounding properties, all 14 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. 16 That the site for the proposed conditional use is adequate in size and shape to 17 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, in order to integrate the use with in other uses in the neighborhood, in that the proposed modifications to the wall and monument signage allocations are consistent with the minimum developments 20 standards pursuant to CMC Chapter 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. 23 4. 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 24 currently taken off of Campbell Place which ties 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. 27 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) in that no landscaping is 28 proposed for the request to modify the signage allocations. PC RESO NO. 6527 -2- 6. That the Planning Director has determined that the project belongs to a class of projects 2 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 3 preparation of environmental documents pursuant to Section 15311(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. 6 7. 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 7 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project.8 9 Conditions: 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a sign permit unless otherwise specified. 12 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 13 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 14 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 17 or a successor in interest by the City's approval of this Conditional Use Permit Amendment. 18 . Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment documents, as necessary 20 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 21 development, different from this approval, shall require an amendment to this approval. 22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 24 4. 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 invalid unless the City Council determines that the project without the condition complies with 27 all requirements of law. 28 5. 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- representatives, from and against any and all liabilities, losses, damages, demands, claims 2 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 3 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, e 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 6 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7 6. 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 9 the exception of Condition No. 26 which is replaced by Condition No. 7 below. 10 7. No wall signage shall be allowed on the northwest elevation of Building B which directly faces the intersection of Palomar Airport Road and £1 Camino Real. The ' * monument sign located along the property's Palomar Airport Road frontage shall , ~ be located a minimum of 200 feet from the intersection of Palomar Airport Road and El Camino Real, as measured from the curb return and no further to the east 13 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 14 must be architecturally-designed with materials which are compatible with the existing self-storage facility. 16 8. 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 17 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 1 ° Carlsbad has issued a(n) Conditional Use Permit Amendment by Resolution No. 6527 i Q 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 20 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 21 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 23 Code Reminders: 24 9. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 26 27 28 PC RESO NO. 6527 -4- 1 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 NOTICE Please 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 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: Commissioners Baker, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioners Boddy and Dominguez ABSTAIN: MARTELL B. MONTGOMERY, CARLSBAD PLANNING COMMIT ATTEST: >erson ION DON NEU Planning Director PC RESO NO. 6527 -5-