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HomeMy WebLinkAbout2018-11-07; Planning Commission; Resolution 7313PLANNING COMMISSION RESOLUTION NO. 7313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MODIFIED SIGN PROGRAM TO ALLOW INCREASES IN SIGN/LETTER HEIGHT FOR THREE VIASAT BUILDING WALL SIGNS GENERALLY LOCATED NORTH OF TOWN GARDEN ROAD, SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, AND WEST OF ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: VIASAT BRESSI RANCH CAMPUS CASE NO: PS 2018-0097 (DEV2016-0015) WHEREAS, Viasat, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Levine Investments, LP, "Owner," described as APN : 213-261-20-00 PARCEL 1 OF PARCEL MAP NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014. APN : 213-260-10-00 PARCEL 1 OF MINOR SUBDIVISION NO. 16-04, VIASAT BRESSI RANCH CAMPUS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21433, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2016 AS FILE NO 2016-7000548. APN : 213-260-11-00 PARCEL 2 OF MINOR SUBDIVISION NO. 16-04, VIASAT BRESSI RANCH CAMPUS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21433, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2016 AS FILE NO 2016-7000548. APN : 213-260-12-00 PARCEL 3 OF MINOR SUBDIVISION NO. 16-04, VIASAT BRESSI RANCH CAMPUS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21433, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2016 AS FILE NO 2016-7000548. and property owned by Testa Family Trust, "Owner," described as APN : 213-261-06-00 LOT 15 OF CARLSBAD TRACT 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 AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDER SEPTEMBER 30, 2005 AS INSTRUMENT/FILE NO. 2005-850718, MARCH 1, 2007 AS INSTRUMENT/FILE NO. 2007-0140625, BOTH OF OFFICIAL RECORDS. ("the Property"); and WHEREAS, said verified application constitutes a request for a Modified Sign Program as shown on Exhibit(s) "A" -"M" dated November 7, 2018, attached hereto and on file in the Carlsbad Planning Division, PS 2018-0097 (DEV2016-0015) -VIASAT BRESSI RANCH CAMPUS, as provided by Chapter 21.41 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on November 7, 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 VIASAT BRESSI RANCH CAMPUS PS 2018-0097, based on the following findings and subject to the following conditions: Findings: Modified Sign Program (PS 2018-0097) 1. That the standards established by the modified sign program do not exceed any applica~le 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 industrial uses that are compatible with the surrounding land uses. The modified sign program is integrated with the approved campus design and is consistent with applicable General Plan policies. Proposed signage is limited, oriented towards key intersections, and is in scale with the buildings to ensure that the signage is visually attractive and not overwhelming. 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 increases in sign letter height is proportionate to the size of the larger industrial buildings where applicable. The sign allowance per the sign ordinance would appear small in relation to the building elevations. 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 and Uptown Bressi to allow a 30 percent increase in sign/letter height for anchor tenants (generally between 10,000 -50,000 square feet). These previous approvals are similar to the proposed request with respe_ct to sign letter heights being in proportion to building size. PC RESO NO. 7313 -2- 3. The modified sign program is necessary to ensure the visibility of the overall development to pedestrians and motorist in that allowing taller signs for the three buildings would ensure that visitors traveling along El Camino Real, Gateway Road, or Town Garden Road will be able to quickly identify the Viasat campus location. Allowing increased sign area for these buildings will ensure the signage is visible to pedestrians and motorists who are passing by the Viasat campus. 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 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 Viasat business. A better identified building will be easier to recognize and easier to find. 5. 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 Section 15311 -Accessory Structures, On-premise signs, 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. 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 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 Modified Sign Program. 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 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 PC RESO NO. 7313 -3- 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, induding 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, (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 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 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 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 Modified Sign Program by Resolution No. 7313 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 al\ 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 develop~ent shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. Engineering 11. All monument signs shall be located outside of driveway and street intersection vehicular sight distance lines as required per Table A of Volume 1 of the City of Carlsbad Engineering Standards. Compliance shall be demonstrated on the building permit plans prior to issuance of the building permit. PC RESO NO. 7313 -4- 12. Prior to issuance of a building permit, developer shall demonstrate that all monument signs are located outside any public easements unless otherwise approved by the owner of the easement. 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. PC RESO NO. 7313 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on November 7, 2018, by the following vote, to wit: AYES: Chair Montgomery, Anderson, Geidner, Luna, Meenes, Merz, and Segall NOES: None ABSENT: None ABSTAIN: None MARTELL MONTGOMERY, C air CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7313 -6-