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HomeMy WebLinkAbout2014-08-20; Planning Commission; Resolution 7068 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 09-01(A) TO REMOVE ALL PROVISIONS FROM THE SPECIFIC PLAN ALLOWING FOR DIGITAL SIGNS WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN BOUNDARY AREA ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(A) WHEREAS, City of Carlsbad has initiated application for a Specific Plan Amendment, regarding property described as Lots 1 to 27, inclusive, of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping Center) in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego County, August 11, 1978 (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment, on file in the Carlsbad Planning Division, WESTFIELD CARLSBAD – SP 09-01(A) as provided by Government Code Section 65453; and WHEREAS, on March 25, 2014, the City Council directed staff to remove all provisions for digital signs from the citywide Sign Ordinance and approved Specific Plans, such as the Westfield Carlsbad Specific Plan (SP 09-01); and WHEREAS, the proposed WESTFIELD CARLSBAD – SP 09-01(A) is set forth and attached in the draft City Council Ordinance, Exhibit “X” dated, August 20, 2014, and attached hereto; and WHEREAS, the Planning Commission did, on August 20, 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 PLANNING COMMISSION RESOLUTION NO. 7068 PC RESO NO. 7068 -2- 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 WHEREAS, on July 23, 2013, the City Council approved SP 09-01, as described and conditioned in Planning Commission Resolution No. 6982 and City Council Resolution Ordinance No. CS- 219. 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 WESTFIELD CARLSDBAD – SP 09-01(A) based on the following findings [and subject to the following conditions]: Findings: 1. This amendment is consistent with a March 25, 2014 City Council direction to staff to remove all provisions for the allowance of digital signage from within the citywide Sign Ordinance and any approved specific plans, such as the Westfield Carlsbad Specific Plan, following a public hearing for an amendment to the Car Country Specific Plan (SP 19(J)). 2. The proposed, as described by the Specific Plan Amendment (SP 09-01(A)), is consistent with the provisions of the General Plan in that General Plan Commercial Objective B.3 of the Land Use element requires the City to establish and maintain commercial development standards to address landscaping, parking, signs, and site and building design, to ensure that all existing and future commercial developments are compatible with surrounding development. The City Council on March 25, 2014 found that digital signs were not generally a compatible land use anywhere within the City of Carlsbad and directed staff to amend the citywide Sign Ordinance and any approved specific plans (i.e., Westfield Carlsbad Specific Plan) to remove all such provisions. Specifically, digital signs are not compatible with the City’s “village character.” Removal of these provisions to allow digital signs will ensure that existing and future commercial developments are compatible with surrounding development. Furthermore, this amendment is consistent with the Land Use Element of the General Plan based on the City’s overall goal of maintaining and enhancing its visual appeal for residents, visitors and tourists. This can be accomplished by preventing the degradation of visual quality which can result from excess signage (including digital signs). 3. The proposed plan amendment to remove provisions for digital signs would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that digital signage could no longer be conditionally permitted within the Westfield Carlsbad Specific Plan. 4. 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. The proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and therefore are exempt from environmental analysis. PC RESO NO. 7068 -3- 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 5. 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. 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 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 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 Specific Plan Amendment. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 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. 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 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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 Specific Plan Amendment, (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 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. Within one (1) month of this approval, Westfield shall submit to the City Planner a digital copy and a camera-ready master copy of SP 09-01(A), in addition to the required number of bound copies (i.e. 5 copies). . . . . . . Exhibit “X” August 20, 2014 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) TO REMOVE ALL PROVISIONS FROM THE SPECIFIC PLAN ALLOWING FOR DIGITAL SIGNS WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN BOUNDARY AREA ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(A) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Westfield Carlsbad Specific Plan was originally adopted by City Council Ordinance No. CS-219 on July 23, 2013, which contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 09-01(A)) for the Westfield Carlsbad Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 09-01(A)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That the Westfield Carlsbad Specific Plan (SP 09-01(A)), on file in the Planning Division, and incorporated herein by reference, is adopted. The Westfield Carlsbad Specific Plan (SP 09-01(A)) shall constitute the zoning for the property and all development of the property shall conform to the Specific Plan. ORDINANCE NO._________ -2- 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 3. That the Westfield Carlsbad Specific Plan (SP 09-01), as amended by Specific Plan Amendment 09-01(A), dated August 20, 2014, is approved. 4. That Specific Plan Amendment (SP 09-01(A)) amends text on Pgs. 5-4 and 5-7 in the Westfield Carlsbad Specific Plan, as shown on the attached “Exhibit SP 09-01(A)”. Removal of text is presented in a strikethrough type format, while new additional text is shown in boldface, underlined type format. 5. That the findings and conditions of Planning Commission Resolution No. 7068 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper 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. /// /// /// /// /// /// /// /// -3- 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 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 DEVELOPMENT STANDARDS WESTFIELD CARLSBAD SPECIFIC PLAN 5-4would see the sign above them as they walk alongside the building.  “Pylon Signs” means a freestanding sign intended to advertise the Westfield Carlsbad center along with other anchor/mini-anchors within the shopping center. The pylon sign may include a digital reader board that can be programmed to provide information regarding on-site retailers, products & events. The Pylon sign is intended to identify the center from the major intersections and the 78 Freeway.  “Static Display” means a non-digital display area on a Pylon or Monument sign that has interchangeable copy. This display can contain individual tenant displays of product or services. A graphic example of some of the typical sign types are provided on the following page. DEVELOPMENT STANDARDS WESTFIELD CARLSBAD SPECIFIC PLAN 5-7Allowed Sign Sizes and Quantities Each of the specific sign types has a corresponding maximum size with limitations on height and/or area. The maximum size and number of signs for each sign type is presented in Tables 5a and 5b. Table 5a provides the parameters for signage for the area north of Marron Road while Table 5b provides for signage south of Marron Road. Future sign program approval for these areas will be required to implement these specific plan provisions. Sign Program A detailed sign program shall be prepared subject to approval of the City Planner prior to the construction of any new signs. This sign program shall demonstrate how signs will be integrated with buildings, circulation and landscaping to form a coordinated architectural statement. The Sign Program shall also include specific locations for each proposed sign and shall be consistent with the heights, quantities and maximum areas shown on Tables 5a and 5b. Sign Standards The detailed sign program shall include all of the following general standards: 1. No roof mounted signs shall be allowed. 2. Facia signs shall be no greater in area than 1 sf per lineal foot of store front up to a maximum size as stated in Tables 5a and 5b. 3. Design, color and materials of all signs shall be included and reviewed through the detailed sign program. 4. For those buildings located on the south side of Marron Road, each business shall be allowed one fascia tenant sign, however, only one sign can occupy a building face which fronts onto a public street. 5. Off premise signs shall not be allowed. 6. Signs shall not be located within a line of sight corridor that would impact traffic circulation. 7. Any sign containing a digital display shall be subject to approval of a Conditional Use Permit by the City Council. 8.7. The sign area for all freestanding signs (i.e, pylon, monument and directional) as illustrated in this specific plan shall be computed by measuring the entire area contained within the frame, cabinet, monument, monument base, or fixture (including voids). Nonconforming Signs Except for normal repair and maintenance and any modification required for NEC compliance, no nonconforming sign shall be expanded, structurally or electrically altered (not including a change in sign face or sign copy), moved or relocated, unless it is brought into conformance with all current provisions of this specific plan. When a sign, which was in compliance with all applicable laws in effect at the time it was originally erected, is physically damaged, whether by vandalism, forces of nature or other causes, the sign may be repaired or restored to its original size, shape, height, orientation and message; however, the repair or restoration must be done in a manner which complies with current building and electrical codes.