HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65891 PLANNING COMMISSION RESOLUTION NO. 6589
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A VARIANCE TO ALLOW A MONUMENT
4 TYPE SIGN PER EACH MAJOR PROJECT ENTRY (TOTAL
OF THREE, TWO ON RANCHO SANTA FE ROAD AND ONE
ON LA COSTA AVENUE) ON PROPERTY GENERALLY
6 LOCATED NORTHERLY AND EASTERLY OF THE LA
COSTA AVENUE AND RANCHO SANTA FE ROAD
7 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE
9 CASE NO: V 08-02
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said application constitutes a request to erect one entry type
18 monument sign per driveway entrance (total of three) to a commercial shopping center
1 Q where the Municipal Code only allows one monument type sign per street frontage; and
20 WHEREAS, said verified application constitutes a request for a Variance as
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shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the Carlsbad
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Planning Department, LA COSTA TOWN SQUARE - V 08-02, provided by Chapter 21.50 of
24 the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009,
2" hold a duly noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Variance.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the above recitations are true and correct.
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<- B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE
6 - V 08-02 based on the following findings and subject to the following
conditions:
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Findings;
o
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
10 deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning classification, in that the size of the commercial center warrants
11 multiple major vehicular access points and that the two access points along Rancho
Santa Fe Road are separated by a significant distance (700 feet) from one another.
Other commercial centers either do not have multiple entries from a street frontage
13 or their other entries are secondary and in close proximity to one another.
14 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
15 located and is subject to any conditions necessary to assure compliance with this finding,
in that other commercial properties are not as large, do not contain the number of
large businesses, or do not have entry locations which are significantly separated
, 7 from one another on the same street frontage.
lg 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, in that all commercial
19 projects are permitted monument type signs.
20 4. That the variance is consistent with the general purpose and intent of the general plan and
~-. any applicable specific or master plans, in that the additional monument sign along
Rancho Santa Fe Road will provide project identity in a visually appealing design
22 which will not appear as excessive as the entry locations are not in proximity to each
other and will not be incompatible with adjacent uses. The La Costa Master Plan
23 does not include restrictions on signage and refers to the Municipal Code for sign
regulations and is therefore not in conflict with the La Costa Master Plan.
25 Conditions:
26 1. 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
27 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
PC RESO NO. 6589 -2-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Variance.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Variance 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
Q 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Variance, (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
17 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
18 been concluded and continues even if the City's approval is not validated.
6. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of Final map recordation of CT 01-09.
21 7. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(6), and SDP 01-04, and is subject to all conditions
22 contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, and 6588
for those other approvals incorporated herein by reference.
24 Code Reminders:
25 8. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance, except per V 08-02, and shall require review and
approval of the Planning Director prior to installation of such signs.
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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 July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTEEL B. MONTGOMERY,,,
CARLSBAD PLANNING COM!
ATTEST:
rperson
SIGN
DON NEU
Planning Director
PCRESONO. 6589 -4-