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HomeMy WebLinkAbout2010-10-06; Planning Commission; Resolution 67091 PLANNING COMMISSION RESOLUTION NO. 6709 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIGN VARIANCE ON PROPERTY LOCATED AT THE 4 SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD , AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. 6 CASE NAME: PALOMAR COMMONS CASE NO: V 10-01 7 WHEREAS, Pacific Sports Resort, Inc/Pacific Athletic Club Carlsbad, Inc,8 'Developer," has filed a verified application with the City of Carlsbad regarding property owned 10 by the County of San Diego, "Owner," described as 11 That portion of Palomar Airport in Lot G of the Rancho Agua 1 _ Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the 13 office of the county recorder of San Diego County 14 ("the Property"); and WHEREAS, said application constitutes a request to allow a total sign area of 16 785.7 square feet, to allow the main north elevation individual sign area up to 349.3 square 17 feet, allow the secondary side elevation sign areas to 163.4 square feet, and allow letter 18 heights up to five feet ten inches (5'10") for the main north elevation sign all of which are 20 only for the 153,974 square foot retail building; and 21 WHEREAS, said verified application constitutes a request for a Variance as 22 shown on Exhibit "A" dated October 6, 2010, on file in the Carlsbad Planning Department, 23 PALOMAR COMMONS - V 10-01, provided by Chapter 21.50 of the Carlsbad Municipal 24 Code; and 25 WHEREAS, the Planning Commission did on July 7, 2010, hold a duly noticed26 27 public hearing as prescribed by law to consider said request and continued the item to the 28 August 4, 2010, Planning Commission Hearing; and 1 WHEREAS, the Planning Commission did on August 4, 2010, hold a duly 2 noticed public hearing as prescribed by law to consider said request and the applicant requested 3 and was granted a continuance to the October 6, 2010, Planning Commission hearing; and 4 WHEREAS, the Planning Commission did on October 6, 2010, hold a duly 6 noticed public hearing as prescribed by law to consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony o0 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the Variance. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 11 Commission of the City of Carlsbad as follows: 1 3 A) That the above recitations are true and correct. 14 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES PALOMAR COMMONS - V 10-01 based on the 1 ^ following findings and subject to the following conditions: Findings: 17 1. That because of special circumstances applicable to the subject property, including size, 18 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 19 identical zoning classification, in that the site is unique when assessing other „„ properties in the vicinity given the constraints of a Runway Protection Zone that encumbers the subject property, including its Palomar Airport Road frontage and 21 the effect of the Runway Protection Zone results in an home improvement store setback that ranges from 180 to 300 feet from Palomar Airport Road, a significant 22 distance from Palomar Airport Road, which challenges the visibility of the signs on structure in regards to providing signs that are legible from the general public and passing motorists. 24 2. That the variance shall not constitute a grant of special privileges inconsistent with the 25 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, 26 in that no other properties in this vicinity are zoned for commercial uses, nor rely primarily on the general public and particularly passing motorist for business given their Planned Industrial zoning classification. In addition, the other properties are 2g not subject to the significant airport building setbacks required of this project for the home improvement building, therefore inconsistent limitations or signage allowances are not being established. The 5'-10" sign height is in proportion to the PC RESO NO. 6709 -2- size of the building elevation. The actual overall sign area of the lettering proposed 2 (344.9 square feet) is 346.1 square feet below the allowable sign area. It is the sign background which causes the sign area to exceed the sign ordinance. 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 the granting of , a variance for increased wall signage for the proposed home improvement store does not authorize a use which is not otherwise expressly permitted by the zoning 6 regulations or by the project Site Development Plan in that signs are a permitted use in the General Commercial zone. 7 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 increase in height of the sign letters Q and the increase in size of the wall signs do not compromise the general aesthetic character of the surrounding area since the large building is over 150,000 square 10 feet in area and 691 feet in length, and the signage is proportionate to the building size. The one largest letter height of the main sign (the "L") is 5'-10" and the 11 remainder of the main sign letters area 5'-0" tall. The height of the building elevation where the sign is located is 35 feet tall. The actual sign area lettering proposed (344.9 square feet) is 346.1 square feet below the sign area allowed (691 sq i o ft) and the pairing of the larger logo and letter signs for Lowe's is common and used nationwide. 14 5. The Planning Director has determined that: 15 a. the project is a(n) project for which a Mitigated Negative Declaration was previously adopted [15162]; 17 b. this project is consistent with the project cited above; 18 c. the Mitigated Negative Declaration for the Palomar Commons project (GPA 09- 07) was adopted in connection with the prior project or plan; 20 d. the project has no new significant environmental effect not analyzed as significant in 21 the prior Mitigated Negative Declaration; 22 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; £*,J 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 25 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. 26 Conditions: 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 implemented and maintained according to their terms, the City shall have the right to PC RESO NO. 6709 -3- revoke or modify all approvals herein granted; deny or further condition issuance of all 2 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 3 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. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 5 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 7 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.8 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. 10 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 j 3 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 14 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 , s 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 17 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 18 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 2Q • 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. 21 6. This approval is granted subject to the adoption of the Mitigated Negative Declaration 22 and approval of GPA 04-03, GPA 09-07, ZC 09-08, SDP 09-05, SUP 09-08, CUP 03- 21(A), CUP 09-07, and CUP 10-05, and is subject to all conditions contained in Planning Commission Resolutions No. 6700, 6701, 6702, 6703, 6704, 6705, 6706, 6707, 24 and 6708 for those other approvals incorporated herein by reference. 25 7. 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 2" Recorder, subject to the satisfaction of the Planning Director, notifying all interested 27 parties and successors in interest that the City of Carlsbad has issued a Variance by Resolution No. 6709 on the property. Said Notice of Restriction shall note the property 28 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 PC RESO NO. 6709 -4- to the notice which modifies or terminates said notice upon a showing of good cause by 2 the Developer or successor in interest. 3 Code Reminders: Any signs proposed for this development shall at a minimum be designed in conformance - with the City's Sign Ordinance, except per V 10-01, and shall require review and approval of the Planning Director prior to installation of such signs. 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." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 1. 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 12 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 13 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 16 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. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6709 -5- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 6, 2010, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher NOES: Vice Chairperson L'Heureux ABSENT: Chairperson Douglas ABSTAIN: STEPHEN "HAP" L'HEUREUX, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6709 -6-