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HomeMy WebLinkAbout2018-07-18; Planning Commission; Resolution 7303PLANNING COMMISSION RESOLUTION NO. 7303 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO ALLOW AN INCREASE IN SIGN/LETTER HEIGHT FOR ONE ANCHOR TENANT SIGN AND A MODIFIED SIGN PROGRAM TO ALLOW AN ADDITIONAL MONUMENT SIGN AND INCREASES IN SIGN/LETTER HEIGHT AND SIGN AREA FOR TENANTS WITHIN THE UPTOWN BRESSI COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: UPTOWN BRESSI RANCH SIGN PROGRAM CASE NO: V2017-0009 / PS2017-0087 (DEV12023) WHEREAS, Bressi Retail, LLC, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Bressi Ranch LLC, "Owner," described as Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 ("the Property"); and WHEREAS, said verified application constitutes a request for a Variance and Modified Sign Program as shown on Exhibit(s) "A" -"Z" dated July 18, 2018, attached hereto and on file in the Carlsbad Planning Division, V2017-0009/PS2017-0087 (DEV12023)-UPTOWN BRESSI RANCH SIGN PROGRAM, as provided by Chapter 21.41 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on July 18, 2018, 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 Variance. 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 APPROVES UPTOWN BRESSI RANCH SIGN PROGRAM V2017-0009/PS2017-0087, based on the following findings: Findings: Variance (V2017-0009) 1. That because of special circumstances applicable to the subject property, including size, 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 identical zoning classification, in that the subject site is located at the southwest corner of Palomar Airport Road and El Fuerte Street. The site sits on a severely sloping hill that requires extensive retaining wall installations to allow buildings, roadways and pedestrian walkways to be built on it. As a result, the site pad sits above Gateway Road and the anchor tenant building (Sprouts) has limited visibility. Additionally, the anchor tenant building is located greater than 650 feet from Gateway Road, which also reduces building visibility. Comparatively, the Bressi Ranch Village shopping center located across the street has a distance of approximately 25 to 34 feet from Gateway Road and the buildings on the pad have greater visibility from Gateway Road. The variance would ensure that the anchor tenant building signage could be seen within the shopping center. 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, in that the granting of a variance from the sign ordinance for the anchor tenant primary sign does not grant special privileges as other properties in the vicinity under the same zoning are not burdened by buildings being located significant distances from their entry roads. 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 the variance does not authorize a use which is not otherwise expressly permitted by the zoning regulations in that signs are a permitted use in Planning Area 16 of the Bressi Ranch Master Plan. 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 the intent of the General Plan and the Bressi Ranch Master Plan with regards to the proposed project is to ensure that signs are compatible with building architecture, are proportionate to the building facade it serves, and that the wall signs do not compromise the general aesthetic character of the surrounding area. Since the south elevation of the proposed anchor tenant building is located greater than 650 feet from Gateway Road, the increased sign/letter height of the primary sign will appear proportionate to the building. A smaller sign height would not be proportionated to the south building elevation and may compromise the directional function of the sign and the aesthetics of the building and shopping center. Modified Sign Program {PS2017-0087) 5. 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 modified sign program is integrated with the approved center's design, will not adversely impact adjacent residential uses, and is consistent with applicable General Plan policies. The project site is not located within the coastal zone and is not subject to the Local Coastal Program. 6. 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 increases in sign letter height and sign area are proportionate to the size of the larger commercial buildings where applicable. The sign allowance per the sign ordinance would appear small in relation to the building elevations and storefronts. The requested increases will be in scale without being excessive in size. For comparative purposes, the city has approved a Modified Sign Program for La Costa Town Square to allow a 15 percent increase in sign area for tenants with 10,000 square feet or less of floor area and a 30 percent increase in sign/letter height and sign area for anchor tenants greater than 10,000 square feet of floor area. The proposed request is similar to this previous approval. PC RESO NO. 7303 -2- 7. The modified sign program is necessary to ensure the visibility of the overall development to pedestrians and motorist in that allowing larger signs for the anchor tenants (Sprouts, CVS, and BevMo) would ensure that visitors entering from either Gateway Road or El Fuerte Street will be able to quickly identify these shops' location. Allowing increased sign area for the non- anchor tenant shops will ensure the signage is visible to both visitors within the shopping center as well as pedestrians and motorists who are passing by the shopping center. The additional monument sign to be located at the corner of El Fuerte Street and Gateway Road would ensure that the shopping center is identifiable to motorists and pedestrians without having to visit the other monument signs located at the entry driveways. 8. 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 size of signs allowed per the ordinance is small in comparison to the size of the building elevations and would 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. Similarly, an additional monument sign located at the corner of El Fuerte Street and Gateway Road will better identify the shopping center making it easier to recognize and fhid. 9. That the City Planner 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 Sections 15303 -New Construction or Conversion of Small Structures and 15305 -Minor Alterations in Land use Limitations, of the state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10. 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 Variance and Modified Sign Program. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Variance and 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. PC RESO NO. 7303 -3- 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 conditions 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 Jees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Variance and Modified Sign Program, (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. Prior to the issuance of the first 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 17 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 CFO #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 17, 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. 9. Prior to the issuance of the first sign permit for the Variance and Modified Sign Program, the 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Variance and Modified Sign Program by Resolution No. 7303 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 City Planner has the 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. 10. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance, the approved Modified Sign Program, and shall require review and approval of the City Planner prior to installation of such signs. PC RESO NO. 7303 -4- NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason{s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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 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 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 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on July 18, 2018, by the following vote, to wit: AYES: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes and Segall NOES: ABSENT: ABSTAIN: MARTELL MONTGOMERY, C CARLSBAD PLANNING COM DON NEU City Planner PC RESO NO. 7303 -5-