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HomeMy WebLinkAbout2009-11-04; Planning Commission; Resolution 66421 PLANNING COMMISSION RESOLUTION NO. 6642 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO THE SIGN ORDINANCE (CMC SECTION 4 21.41) TO TRANSFER AN ALLOCATION FOR ONE 50- SQUARE FOOT WALL SIGN TO ALLOW FOR THE PLACEMENT OF A SECOND 50-SQUARE FOOT 6 MONUMENT SIGN ON A SINGLE LOT DEVELOPED WITH A SELF-STORAGE FACILITY LOCATED AT 2500 7 CAMPBELL PLACE, ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL, IN 8 THE P-C ZONE, AND WITHIN LOCAL FACILITIES 9 MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH SELF STORAGE 10 CASE NO: V 09-01 11 WHEREAS, VPI Bressi Storage, LLC, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as 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 15 County Recorder of San Diego County, February 4,2005. 16 ("the Property"); and 17 WHEREAS, said application constitutes a request to relinquish a 50-square foot 18 wall signage allocation on the elevation directly facing El Camino Real (i.e. west elevation) 20 and transfer it to a new monument sign along the El Camino Real frontage which would 21 result in a total of two 50-square foot monument signs on a single lot developed with a 22 182,480 square foot self storage facility where the Municipal Code only allows one monument sign per lot; and 24 WHEREAS, said verified application constitutes a request for a Variance as 25 shown on Exhibits "A" - "E" for V 09-01 dated November 4, 2009, on file in the Carlsbad26 2? Planning Department, BRESSI RANCH SELF STORAGE - V 09-01, provided by Chapter 28 21.50 of the Carlsbad Municipal Code; and 1 WHEREAS, the Planning Commission did on November 4, 2009, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony4 <- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Variance. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the above recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES BRESSI RANCH SELF STORAGE - V 09-01 based on the following findings and subject to the following conditions: 13 Findings: 14 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 15 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that:16 17 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 18 access to the business from El Camino Real (ECR) and Palomar Airport Road (PAR). A direct competitor located approximately 1A mile to the west of the project site along PAR (i.e., Carlsbad Self Storage) is able to access its business 2Q from Palomar Airport Road as are other business properties along El Camino Real such as ViaSat and the Tri-City Wellness Center. The project site entrance 21 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 22 Bressi Ranch business park. As 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 24 business at ground eye level. 25 b. The corner 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 26 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; PC RESO NO. 6642 -2- 1 2 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- 3 wide access easement/road for the reclaimed water pump station located at the corner of PAR and ECR, the building was required to be setback a minimum of 115 feet from the western property line (i.e. El Caniino 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 6 is 50 feet (i.e., Bressi Ranch Medical Plaza, 6221 Metropolitan Street, 50-foot- wide rear yard setback). With the requirement of a 100+ foot setback, the 7 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 10 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), 11 an additional monument sign can be supported; and 12 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 14 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 17 architectural design of the direct competitor 1A mile to the west of the subject site lends itself to a self storage facility. The limitation on land uses as well as the 18 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. 20 2. That the variance shall not constitute a grant of special privileges inconsistent with the 21 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, 22 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 1 24 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 25 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). Thus, 27 an additional monument sign can be supported for the project site to make the business more apparent to passing pedestrians and motorists in a manner that they 28 arc accustomed to seeing. PC RESO NO. 6642 -3- 3. That the variance does not authorize a use or activity which is not otherwise expressly 2 authorized by the zone regulation governing the subject property, in that monument signs are permitted uses in the P-M (Planned Industrial) zone and the Bressi Ranch 3 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, in that 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 7 the economic viability of the business. The 2nd monument sign on the property, which is proposed 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 10 not appear excessive as the parcel has linear street frontage 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 1A 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 13 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 14 Master Plan. 15 5. 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 1531 l(a), Accessory Structures, of the state CEQA Guidelines. In making this determination, the Planning 18 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 19 6. 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 in rough proportionality to the impact caused by the project. 22 Conditions: 23 _ . 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 25 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 26 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 Variance. PC RESO NO. 6642 -4- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.4 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 all requirements of law. 10 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 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 Variance, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 14 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 1,- 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. 17 6. Developer shall include, as part of the plans submitted for any permit plancheck, a 18 reduced legible version of all approving resolution(s) in an 11" x 17" drawing format. 19 7. Prior to the issuance of building permits for the monument sign along El Camino 2Q Real, the existing 25 square-foot wall sign located on the west elevation of Building B (i.e. directly facing El Camino Real) shall be removed. 21 8. The monument sign along El Camino Real shall be located a minimum of 200 feet 22 from the intersection of Palomar Airport Road and El Camino Real, as measured from the curb return and no further to the south than the Developer's property line. The monument sign must remain on the Developer's property, cannot be located 24 off-site, and must be architecturally-designed with materials which are compatible with the existing self-storage facility. 25 9. No wall signage shall be allowed on the northwest corner elevation of Building B which directly faces the intersection of Palomar Airport Road and El Camino Real ~- or the west elevation which directly faces El Camino Real. 28 10. 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 PC RESO NO. 6642 -5- Director, notifying all interested parties and successors in interest that the City of 2 Carlsbad has issued a Variance by Resolution No. 6642 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 3 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 c said notice upon a showing of good cause by the Developer or successor in interest. 6 Engineering: 7 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to the issuance of a right-of-way permit. 9 11. Prior to hauling dirt or construction materials to or from any proposed construction site 10 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 11 12. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering the private monument 13 sign located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the City's latest fee schedule. 14 13. The monument sign shall be located a minimum of ten feet easterly, measured perpendicular, from the existing waterline, as shown in the site plan. Prior to start of construction, the waterline shall be physically located at the site, and the engineering inspector shall verify the location of the monument sign. 17 14. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 18 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 2Q educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 21 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 22 15. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 24 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the 25 completed PTAF, all to the satisfaction of the City Engineer. Code Reminders; 27 16. Any signs proposed for this development shall at a minimum be designed in conformance 28 with the City's Sign Ordinance, except per V 09-01, and shall require review and approval of the Planning Director prior to installation of such signs. PC RESO NO. 6642 -6- 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." 5 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 6 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 12 ' expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on November 4, 2009, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, 17 | Schumacher, and Chairperson Montgomery lg I NOES: 19 ABSENT: 20 ABSTAIN: 21 " 22 23 MARTELL B. MONTGOMERY,pfairperson 24 CARLSBAD PLANNING COMMISSION 25 ~ ATTEST:26 27 28 DON NEU Planning Director PC RESO NO. 6642 -7-