HomeMy WebLinkAbout2014-01-15; Planning Commission; Resolution 7031
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN
AMENDMENT NO. SP 19(J) TO 1) UPDATE THE CAR COUNTRY
COMPREHENSIVE SIGN PROGRAM BY MODIFYING THE EXISTING SIGN
STANDARDS, WITH THE EXCEPTION OF THE PROVISIONS FOR A DIGITAL
DISPLAY SIGN, TO ADDRESS THE UNIQUE NEEDS OF THE AUTOMOTIVE
SALES INDUSTRY, AND 2) TO STREAMLINE THE PERMIT AND REVIEW
PROCESS FOR MINOR IMPROVEMENTS ON PROPERTY GENERALLY ON
THE SOUTH SIDE OF CANNON ROAD, NORTH AND WEST OF CAR
COUNTRY DRIVE, AND EAST OF INTERSTATE 5 WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3. THE CITY PLANNER HAS DETERMINED THAT
THE PROPOSED SPECIFIC PLAN AMENDMENTS ARE EXEMPT FROM THE
PROVISIONS OF CEQA, PURSUANT TO CEQA GUIDELINES SECTION
15061(B)(3).
CASE NAME: CAR COUNTRY INITIATIVES 2 & 4
CASE NO.: SP 19(J)
WHEREAS, the City of Carlsbad has filed a verified application with the City of Carlsbad
regarding properties located within the Car Country Carlsbad Specific Plan Area, described as
Lots 1 through 11 of Carlsbad Tract Map 72-3, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
7492, filed in the Office of the County Recorder of San Diego,
November 30, 1972 as file number 320455
and
Lots 1 through 10 of Carlsbad Tract Map 87-3, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
12242, filed in the Office of the County Recorder of San Diego, October
28, 1988 as file number 88-552341
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Specific Plan
Amendment, on file in the Carlsbad Planning Division, CAR COUNTRY INITIATIVES 2 & 4 – SP 19(J) as
provided by SP 19(I) and Government Code Section 65453; and
WHEREAS, the proposed CAR COUNTRY INITIATIVES 2 & 4 – SP 19(J) amendment is set
forth and attached in the draft City Council Ordinance, Exhibit “X” dated, January 15, 2014 and attached
hereto as CAR COUNTRY INITIATIVES 2 & 4 – SP 19(J); and
PLANNING COMMISSION RESOLUTION NO. 7031
PC RESO NO. 7031 -2-
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WHEREAS, the Planning Commission did, on January 15, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
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 relating to
the Specific Plan Amendment; and
WHEREAS, at said public hearing, the majority of said Commission (with the exception
of Commissioners Segall and Siekmann (absent)) were not in favor of allowing any provisions for a
digital sign in Car Country because of the belief that a digital sign is unnecessary for advertising the
auto mall and because a digital sign would result in an undesirable appearance along Interstate 5 and
within the City of Carlsbad; and
WHEREAS, on April 18, 2006, the City Council approved SP 19(I), as described and
conditioned in Planning Commission Resolution No. 6042 and City Council Resolution Ordinance No.
NS-799.
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.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CAR COUNTRY INITIATIVES 2 & 4 – SP 19(J) based on the
following findings and subject to the following condition:
Findings:
1. The proposed development as described by the Specific Plan (SP19(J)) is consistent with the
provisions of the General Plan based on the facts set forth in the Planning Commission staff
report dated January 15, 2014.
2. The proposed Specific Plan Amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
3. All necessary public facilities can be provided concurrent with need, and adequate provisions
have been provided to implement those portions of the capital improvement program
applicable to the subject property.
4. The proposed commercial uses will be appropriate in area, location, and overall design to the
purpose intended. The design and development standards are such as to create an
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5.
6.
7.
environment of sustained desirability and stability. Such development will meet performance
. standards established by the Specific Plan and Title 21.
The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic
thereon.
The area surrounding the development is or can be planned and zoned in coordination and
substantial compatibility with the development.
The City Planner has determined that the project is exempt from the provisions of CEQA,
pursuant to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal
Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment.
Conditions:
1.
2.
All provisions for a digital sign, as shown in Attachment "A" to this Resolution, shall be
deleted from the proposed amendment.
This approval is granted subject to the approval of LCPA 12-01 and is subject to all conditions
contained in Planning Commission Resolution No. 7032, incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on January 15, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher
and Scully
Commissioner Segall
Commissioner Siekmann
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
PC RESO NO. 7031 -3-
EXHIBIT “X”
January 15, 2014
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CAR COUNTRY
SPECIFIC PLAN, SP 19(J) TO 1) UPDATE THE CAR COUNTRY
COMPREHENSIVE SIGN PROGRAM BY MODIFYING THE EXISTING SIGN
STANDARDS AND BY ADDING PROVISIONS FOR A DIGITAL DISPLAY SIGN
TO ADDRESS THE UNIQUE NEEDS OF THE AUTOMOTIVE SALES INDUSTRY,
AND 2) TO STREAMLINE THE PERMIT AND REVIEW PROCESS FOR MINOR
IMPROVEMENTS.
CASE NAME: CAR COUNTRY INITIATIVES 2 & 4
CASE NO.: SP 19(J)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council approved the Car Country Specific Plan SP 19 on
January 18, 1972 by adopting Ordinance No. 9288; and
WHEREAS, the City Council approved an amendment to the Car Country Specific
Plan SP 19(A) on June 19, 1984 by adopting Ordinance No. 9720; and
WHEREAS, the City Council approved an amendment to the Car Country Specific
Plan SP 19(B) on January 22, 1985 by adopting Ordinance No. 9734; and
WHEREAS, the City Council approved an expansion to the Car Country Specific
Plan SP 19(C) on December 22, 1987 by adopting Ordinance No. 9842; and
WHEREAS, the City Council approved an amendment to the Car Country Specific
Plan SP 19(D) on October 6, 1992 by adopting Ordinance No. NS‐214; and
WHEREAS, the City Council approved an amendment to the Car Country Specific
Plan SP 19(E) on August 20, 1991 by adopting Ordinance No. NS‐116; and
WHEREAS, an application for an amendment to the Car Country Specific Plan SP
19(F) was applied for and withdrawn; and
WHEREAS, the City Council approved an amendment to the Car Country Specific
Plan SP 19(G) on June 27, 1995 and July 18, 1995 by adopting Ordinance No. NS‐315 and NS‐317,
respectively; and
WHEREAS, the City Council denied an amendment to the Car Country Specific
Plan SP 19(H) on April 23, 1996 by adopting City Council Resolution 96‐141; and
ORDINANCE NO.
EXHIBIT “X”
January 15, 2014
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WHEREAS, the City Council approved an amendment to the Car Country Specific
Plan SP 19(I) on April 18, 2006 by adopting Ordinance No. NS‐799; and
WHEREAS, after procedures in accordance with the requirements of law, the City
Council has determined that the public interest indicates that said Specific Plan Amendment SP
19(J) be approved; and
WHEREAS, the City Council did on the _____ day of ___________, 2014 hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Specific Plan Amendment
as shown on Exhibit “SP 19(J)” dated January 15, 2014 incorporated by reference.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Specific Plan Amendment SP 19(J) dated January 15, 2014 attached
hereto, and incorporated herein by reference, is approved. The Specific Plan shall constitute the
development plan for the property and all development within the plan area shall conform to the
plan.
3. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7031 shall also constitute the findings and conditions of the City
Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after
its adoption but not until approved by the California Coastal Commission, and the City Clerk shall
certify to the adoption of this ordinance and cause it to be published at least once in a publication
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the day of , 2014, and thereafter.
///
EXHIBIT “X”
January 15, 2014
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
ATTACHMENT “A”
Provisions for Digital Display Signs recommended for deletion by the Planning
Commission:
Located under Part 4, Section G. Regional Commercial Sign, (pg. 4-5 and 4-6)
4. Digital Display Sign
a. A digital display sign may be located on the regional commercial
sign subject to the approval of a Conditional Use Permit by the
City Council.
b. The overall height of the regional commercial sign shall not exceed 65 feet and the digital display sign area shall not exceed 625 square
feet (25 ft. height x 25 ft. width). The design, the size of the digital
display area and the overall sign height shall be reviewed through
the Conditional Use Permit process.
c. The Conditional Use Permit will include detailed digital display sign development standards. Specific operational details of the sign
(i.e.: the “dwell time”, the time of transition between messages and
the brightness of the screen) will be decided through approval of
the Conditional Use Permit by the City Council.
d. The digital display sign shall be designed so as not to create a potentially significant safety impact to motorists and other
highway users due to light and glare. At a maximum, the light
output shall not exceed the limits imposed under California
Vehicle Code Section 21466.5 (Light Impairing Drivers Vision) or the recommendations of the Outdoor Advertising Association of America (OAAA), whichever is more restrictive. Light levels
emitted from the digital display sign shall be set to adjust, based on
ambient light conditions at any given time (i.e., night versus
daytime).
e. The Conditional Use Permit application shall include document-ation that the digital display sign has been submitted to the Airport
Land Use Commission for an obstruction analysis by the FAA to
ensure that there are no conflicts with the height and size of the
sign or any concerns related to reception.
5. Coastal Development Permit
Any Regional Commercial/Digital Display Sign proposal requires the
approval of a coastal development permit and must be consistent with all
applicable policies and requirements of the certified Local Coastal
Program.