HomeMy WebLinkAbout2015-04-15; Planning Commission; Resolution 7096
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MODIFIED SIGN PROGRAM TO
EXCEED THE STANDARDS OF THE SIGN ORDINANCE FOR A CUMULATIVE
INCREASE IN LETTER HEIGHT BY UP TO 27% AND A CUMULATIVE
INCREASE IN SIGN AREA UP TO 30% FOR TENANTS GREATER THAN 10,000
SQUARE FEET OF FLOOR AREA WITHIN THE LA COSTA TOWN SQUARE
COMMERCIAL BUILDINGS LOCATED NORTHERLY AND EASTERLY OF THE
LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE
SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT
ZONE 11. THE CITY PLANNER HAS DETERMINED THAT THIS PROJECT IS
EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15311,
“ACCESSORY STRUCTURES, ON-PREMISE SIGNS,” OF THE STATE CEQA
GUIDELINES AND WILL NOT HAVE ANY ADVERSE SIGNIFICANT IMPACT
ON THE ENVIRONMENT.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: PS 14-158(A)
WHEREAS, Property Development Centers, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Terramarcenters LLC, “Owner,” described as
Lots 1-19 of Carlsbad Tract Map 01-09, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof no. 15998, filed
in the Office of the County Recorder of San Diego, November 5, 2014 as
file number 2014-0481838
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Modified Sign Program as
shown on Exhibit “A” dated April 15, 2015, on file in the Planning Division, LA COSTA TOWN SQUARE –
PS 14-158(A) as provided by Chapter 21.41 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 15, 2015, 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 Modified Sign Program.
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.
PLANNING COMMISSION RESOLUTION NO. 7096
PC RESO NO. 7096 -2-
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B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES LA COSTA TOWN SQUARE – PS 14-158(A) based on the following findings
and subject to the following conditions:
Findings:
1. That the standards established by the modified sign program do not exceed any applicable rules
or limits in the General Plan or Local Coastal Program in that the General Plan does not contain
any rules or limits regarding signs. The General Plan promotes economic growth and the
development of compatible commercial uses to provide for the basic commercial services that
are compatible with the surrounding land uses. The project site is not located within the coastal
zone and is not subject to the Local Coastal Program.
2. The modified sign program is necessary to ensure that signs are proportionate to and compatible
with the number, size, height, scale and/or orientation of project buildings in that the cumulative
increase in sign letter height by up to 27% and the sign area by up to 30% is proportionate to
the size of the larger commercial buildings where it is applicable. The present sign allowance
appears small in relation to the building elevations and storefronts and the increase will be in
scale without being excessive in size. The increase results in a ten to twelve inch increase in
letter height and 84 sq. ft. of sign area for the largest of the buildings (Vons). The sign program
maintains the maximum sign width to not exceed 75% of the storefront and the maximum sign
area per sign of 150 sq. ft. which prevents signs from being too large relative to the size of the
storefront. The number of signs is not presently or proposed to be restricted.
3. The modified sign program is necessary to ensure the visibility of the overall development to
pedestrians and motorist in that the storefronts for the larger buildings where the increase is
proposed are oriented towards and are located 680 feet from Rancho Santa Fe Road. The
existing signs viewed from this distance appear small in relation to the size of the building and
disproportionate with the building elevations and the increase will not detract from the
aesthetics of the shopping center.
4. The modified sign program is necessary to enhance the overall project design, and the aesthetics
and/or directional function of all proposed signs in that the increase in the size of the signs will
allow the signs to be more in proportion to the building elevations. The present signs are small
in comparison to the size of the building elevations and look out of scale. Additional sign size
will enhance the aesthetics of the project by providing signs more in scale with the buildings
and by adding better recognition to the businesses. A better identified building will be easier
to recognize and easier to find. The halo illuminated sign requirement ensures the larger signs
will not significantly increase the amount of light from the increase in sign size or sign area.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to sign permit issuance.
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 Modified Sign Program.
PC RESO NO. 7096 -3-
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Modified Sign Program 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.
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 Modified Sign Program and (b) City’s approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein. This obligation survives until all legal proceedings have been
concluded and continues even if the City’s approval is not validated.
6. Prior to the issuance of a sign permit, the developer shall submit to the City Planner three (3)
copies of the Modified Sign Program reflecting the conditions approved by the final decision-
making body.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
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