HomeMy WebLinkAbout2011-04-06; Planning Commission; Resolution 67711 PLANNING COMMISSION RESOLUTION NO. 6771
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIGN
VARIANCE TO EXCEED THE ALLOWABLE LETTER
4 HEIGHT FOR FOUR WALL SIGNS AND FOUR MONUMENT
SIGNS PROPOSED ON THREE LOTS LOCATED AT 5781
AND 5791 VAN ALLEN WAY AND 5823 NEWTON DRIVE IN
6 LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: LIFE TECHNOLOGIES SIGNAGE
7 CASE NO: VI1-01
o WHEREAS, Life Technologies, "Developer," has filed a verified application
9 with the City of Carlsbad regarding properties owned by Griffin Capital Corporation (5781
10
Van Allen Way), and Mararisk Carlsbad LLC (5791 Van Allen Way), and Life
11
Technologies (5823 Newton Drive), "Owners," described as
!3 5781 Van Allen Way:
Parcel 1 of Parcel Map No. 17971, in the City of Carlsbad,
14 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, December 24, 1997
15 as File No. 1997-0656621 of official records;
16 5791 Van Allen Way:
17 Parcel 2 of Parcel Map No. 17971, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
18 the County Recorder of San Diego County, December 24,1997
as File No. 1997-0656621 of official records; and
20 5823 Newton Drive;
All that portion of Lot 'F' of Rancho Agua Hedionda, in the
21 City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 823, filed in the Office of the
22 County of San Diego, November 16,1896
23 ("the Property"); and
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WHEREAS, said application constitutes a request to allow a letter height from
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28 inches up to 72 inches on the wall signage and from 19 inches up to 60 inches for the26
~7 monument signage; and
28 WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibits "A"- "F" dated April 6, 2011, on file in the Carlsbad Planning Department,
1 LIFE TECHNOLOGIES SIGNAGE - V 11-01, provided by Chapter 21.50 of the Carlsbad
2 Municipal Code; and
3
WHEREAS, the Planning Commission did on April 6, 2011, hold a duly noticed
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<- public hearing as prescribed by law to consider said request; and
6 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
8 relating to the Variance.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the above recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES V 11-01 - LIFE TECHNOLOGIES SIGNAGE
14 based on the following findings and subject to the following conditions:
15 Findings:
1. That because of special circumstances applicable to the subject property, including size,
17 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
18 identical zoning classification in that the subject 49.56-acre Life Technologies campus
is currently developed with three research and development buildings with a
combined area of 600,679 square feet. The buildings have a height of up to 43 feet
2Q and length ranging from 175-1000 feet. The properties are generally bound by
Newton Drive to the west, College Boulevard and Van Allen Way to the east and
21 Faraday Avenue to the south. Access to the campus can be taken from one of six
existing driveways located directly off of two local roads (Newton Drive and Van
22 Allen Way) and one collector street (Faraday Avenue). Due to the large size of the
„, property and the individual buildings, the existing multiple access points and
setbacks from the street, special circumstances exist which warrant the increased
24 letter height for the wall and monument signage. A discussion regarding the unique
nature of each building/property is detailed below.
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5781 Van Allen Way (Wall Sign "A", Monument Sign "A")n £- —•—•'-' "' •"' •" *^ * —...i.fSli..—....I.U.IIHMI*.
The subject 27.91-acre lot located at the terminus of Van Allen Way is developed
97 with a 339,399,square foot building which has lineal building frontage ranging from
245 feet to 1000 feet and a height up to 43 feet. Pursuant to the CRC Specific Plan,
28 the required setback from Van Allen Way is 20 feet. At its closest point, the building
is setback 100 feet from Van Allen Way and approximately 400 feet from the
PCRESONO. 6771 -2-
intersection of Van Allen Way and Faraday Avenue. Access to the subject lot can be
2 taken from one of five driveways.
3 The applicant is proposing one, 31 square foot wall sign (Wall Sign "A"), with a
letter height ranging from 21 to 60 inches. The wall sign is proposed to be located at
the southwestern corner of the building, facing Van Allen Way. In addition, the
<- applicant proposes to reface an existing 50 square foot monument sign (Monument
Sign "A") currently located in between two driveways at the terminus of Van Allen
6 Way serving the subject property. The proposed letter height for the monument
sign ranges from 14 to 42 inches. Due to the unique nature of the logo, which
7 includes a script lower case "f' and the remaining letters in proportion to the "f', as
well as the large size of the property/building, the applicant is requesting a Variance
to the Sign Ordinance to exceed the allowable letter height. No Variances are
required with respect to the allowable area.
10 The Variance to exceed the allowable letter height for both the wall and monument
sign at 5781 Van Allen Way can be supported since the property and the building
are uniquely large and include multiple access points when compared to other
buildings within the vicinity of the Life Technologies campus. Where several other
buildings in the vicinity are located at or near the minimum required front and
13 street-side setbacks, which range from 20 to 30 feet, the subject building is setback a
minimum of 100 feet from Van Allen Way. In addition, the wall signage is
14 appropriately proportioned to compliment the size and wall length of the building
as well as the setbacks from Van Allen Way. Likewise, the letter height for the
monument signage is appropriately sized for a 50 square foot sign, addresses the
,,, unique design of the corporate logo and adequately directs the public from Faraday
Avenue.
17
5791 Van Allen Way (Wall Signs "B" and "C". Monument Signs "B" and "C")
18 The subject 5.54-acre lot located at the northwest corner of Van Allen Way and
Faraday Avenue is developed with an 81,059 square foot building which has lineal
building frontage ranging from 175 feet to 375 feet and a height up to 42 feet.
2Q Pursuant to the CRC Specific Plan, the required setbacks from Van Allen Way and
Faraday Avenue are 20 feet and 30 feet, respectively. At its closest point, the
21 building is setback 85 feet from both Van Allen Way and Faraday Avenue. Access
to the subject lot can be taken from one of 3 driveways.
22
The applicant is proposing a total of two walls signs for 5791 Van Allen Way (Wall
Signs "B" and "C" pursuant to the site plan). As identified on the project exhibits,
24 Wall Sign "B" is proposed to be located on the south elevation facing Van Allen
Way. It has a proposed size of 43 square feet and a letter height ranging from 24 to
25 72 inches. Wall Sign "C" is proposed to be located on the corner elevation facing
the intersection of Van Allen Way and Faraday Avenue and is 31 square feet in size,
with a letter height ranging from 21 to 60 inches. The applicant is also proposing to
place lettering on the existing water feature (Monument Sign "B") located in
between two driveways off of Van Allen Way and reface the existing monument sign
28 (with new lettering) located on the corner of Van Allen Way and Faraday Avenue
(Monument Sign "C"). Due to the unique nature of the logo, which includes a script
lower case "f' and the remaining letters in proportion to the "f, as well as the large
PCRESONO. 6771 -3-
size of the building, the applicant is requesting a Variance to the Sign Ordinance to
2 exceed the allowable letter height. No Variances are required with respect to the
allowable area.
3
The Variance to exceed the allowable letter height for both the wall and monument
4 signage can be supported since the corporate logo is unique and the overall area is
c not being exceeded. The wall signage is appropriately proportioned to compliment
the size, height, and length of the large building as well as the setbacks from Van
6 Allen Way and Faraday Avenue. In addition, no other property in the immediate
vicinity has multiple access points; therefore, the increased letter height to maintain
7 visibility can be justified for the monument and wall signage located at 5791 Van
Allen Way.
o
9 5823 Newton Drive (Wall Sign "D". Monument Sign "D")
The subject 16.11-acre lot located at the terminus of Newton Drive is developed with
10 a 179,621 square foot building which has lineal building frontage ranging from 230
feet to 630 feet and a height up to 40 feet. At its closest point, the building is setback
11 80 feet from Newton Drive and approximately 400 feet from the intersection of
Newton Drive and Faraday Avenue. Access to the subject lot can be taken from one
driveway located off of Newton Drive
13
The applicant is proposing one, 43 square foot wall sign (Wall Sign "D"), with a
14 letter height ranging from 24 to 52 inches. The wall sign is proposed to be located at
the southwestern corner of the building, facing Newton Drive. In addition, the
* 5 applicant proposes to reface an existing monument sign (Monument Sign "D"). The
*s proposed letter height for the monument sign ranges from 10 to 30 inches. Due to
the unique nature of the logo, which includes a script lower case "f" and other
17 letters in proportion to the "f' as well as the large size of the property/building, the
applicant is requesting a Variance to the Sign Ordinance to exceed the allowable
18 letter height. No Variances are required with respect to the allowable area.
19 The Variance to exceed the allowable letter height for both the wall and monument
2Q sign at 5823 Newton Drive can be supported since the property and the building are
uniquely large when compared to other buildings within the vicinity of the Life
21 Technologies campus. In addition, the building is setback 80 feet from Newton
Drive and 500 feet from Faraday Avenue. Where several other buildings in the
22 vicinity have frontage along Faraday Avenue, the primary collector street within the
__ Carlsbad Research Center, the building located at 5823 Newton Drive is setback 500
feet from Faraday Avenue. Therefore, the visibility of the signage as viewed from
24 Faraday Avenue at the permitted letter height would be limited. The combined
result of the large property and building size as well as increased setbacks is that the
25 signage at the permitted allowable letter height pursuant to the Sign Ordinance
would not be as readily visible or as effective in identifying the use as other
buildings in the vicinity of the project area which are smaller in size. Therefore, the
97 Variance can be supported.
28 The applicant has included exhibits (please see attached photo simulations)
comparing the proposed letter height to what is currently permitted pursuant to the
Sign Ordinance. This visual analysis/comparison demonstrates that the proposed
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letter height for each wall and monument sign is proportional to and appropriately
2 scaled with respect to each of the building sizes and setbacks. In summary, the
approval of this sign variance will not establish a negative precedent for other
3 properties in the vicinity and under the identical zoning classification because the
signage appropriately complements the mass, scale, and setbacks of the existing
4 buildings. In addition, the project is conditioned to require the relinquishment of
<- additional wall signage in exchange for an increased letter height for four wall signs
and four monument signs. Therefore, inconsistent limitations or signage allowances
6 are not being established.
7 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,
o in that no other properties in the vicinity of the project are as expansive as the Life
Technologies campus, which covers 49.56 acres, has frontage on three streets, has
10 building setbacks which exceed the minimums, includes 6 different access
driveways, and development totaling 600,679 square feet. In addition, the letter
1' height for each wall sign is in scale with the buildings which have a height of up to
_ 43 feet and length ranging from 175-1000 feet. The letter height for each monument
sign is in scale with the allowable area. Furthermore, the overall allowable sign area
13 is not being exceeded for any of the signs and no other properties have a condition
which requires the relinquishment of additional wall signage in exchange for an
14 increased letter height for four wall signs and four monument signs. Therefore,
inconsistent limitations or signage allowances are not being established.
,, 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
17 a variance for increased letter height for the wall and monument signage for Life
Technologies does not authorize a use which is not otherwise expressly permitted by
18 the zoning regulations in that monument and wall signs are permitted uses in the P-
M (Planned Industrial) and C-M (Heavy Commercial) zones.
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 pursuant to the Carlsbad Research
21 Center Specific Plan (SP 180G), all signs within the Specific Plan shall comply with
the Sign Ordinance, which requires consistency with the General Plan. The intent
22 of the General Plan with respect to the proposed project is to ensure that the
„,, architecture, including the signage, identifies the use in such a way that preserves
community identity without compromising aesthetic character. Due to the unique
24 design of the corporate logo which includes a script lower case "f" and other letters
in proportion to the "f, the tallest height proposed for the letters is 72 inches (6
25 feet) for the wall signs and 60 inches (5 feet) for monument signs. The overall area
of each sign area remains consistent with the Sign Ordinance. The increase in letter
height for each of the wall and monument signs does not compromise the general
27 aesthetic character of the surrounding area since the buildings range in size from
81,059 to 339,399 square feet, in lineal building frontage from 175-1000 feet, and in
28 height from 40-43 feet. In addition, the 49.56-acre campus includes access
driveways from six different points off of two local roads and a collector street;
therefore, the increased letter height will assist in providing visibility to the various
PCRESONO. 6771 -5-
entrances to the campus. In summary, the signage is proportionate to the building,
2 the campus and the overall surroundings. Therefore, the Variance is consistent with
the intent of the General Plan.
3
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 15311 (a), Accessory
5 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
7 Guidelines do not apply to this project.
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
10 degree of the exaction is in rough proportionality to the impact caused by the project.
11 Conditions;
1 o 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
, T 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
15 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.
18 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
22 regulations in effect at the time of building permit issuance.
4. If any conditions for construction of any public improvements or facilities, or the
24 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
25 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
26 with all requirements of law.
27 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
PCRESONO. 6771 -6-
or indirectly, from (a) City's approval and issuance of this Variance, (b) City's approval
2 or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
3 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.
6 6. No additional wall signage allocations shall be permitted for 5781 and 5791 Van
Allen Way and 5823 Newton Drive, beyond the signage granted for this Variance, V
7 11-01, and pursuant to Exhibits "A" - "F".
o
7. 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
10 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Variance by Resolution No. 6771 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
j 3 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.
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15 NOTICE
16 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
17 "fees/exactions."
18 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
19 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
20 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
21 annul their imposition.
22 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
23 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
24 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 6, 2011, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
STEPHEFT'HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6771 -8-