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Home My WebLink About1984-09-18; City Council; 7881; Atlantic Richfield price sign increaseCITY dF CARLSBAD - AGENDA ILL ,B# 75r-/ ITG. 9/18/84 IEPT. pLN DEPT. HD. TITLE APPEAL - VARIANCE EOR INCRF.ASE IN SIZE V-361 - ATLANTIC FUCHFIELD OF PRICE SIGN. CITY MOR.* RECOMMENDED ACTION: Both the Planning Cdssion and the staff are recamnending that the City Council direct the attorney's office to prepare documents DENYING V-361. ITEM EXPLANATION The City Council approved a mne mde mnendment in 1983 that permitted service station price signs a maximum of 16 square feet. The applicant has requested a variance to increase the price sign size to 32 square feet at the Arm Station located on the northeast corner of El Cdno Real and La Costa Avenue. The applicant's exhibit also shows additional advertising information on the sign (see attachment) which mder section 21.41.074 of the code wuld limit the size of the price sign to 12 square feet. Neither the Planning Comnission or the staff could make the four required findings for a variance. More specificially, they could not make the findings that the applicant was being denied a poperty right possessed by other stations and that there are exceptional or extraordinary circumstances for this property that do not apply to other stations. The Planning Cmission denied this application on July 25, 1984. The Planning Cmission felt that the price sign issue was resolved last year when the code was revised. They also felt that if a variance was granted for this station other stations muld want the same advantage. The Land Use Planning Manager has determined that this project is exempt from environmental review, based on section 19.04.07 of the mning ordinance. FISCAL IMPACT There will be no direct fiscal impact as a result of either the approval or denial of this project. EXHIBITS 1. Location Map 2. PC &solution No. 2329 3. PC Staff Report dated, July 25, 1984 w/attachments .- L OCATION MAP L SITE c ATLANTIC RICHFIELD V-361 2 LA COSTA AV 1 2 3 4 5 6 7 e 9 1c 11 12 1Z 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2329 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO INCREASE THE PRICE SIGNAGE FROM 16 SQUARE FEET TO 24 SQUARE FEET FOR AN EXISTING SERVICE STATION GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LA COSTA AVENUE. APPLICANT: ATLANTIC RICHFIELD CASE NO.: V-361 WHEREAS, a verified application for certain property, to wit: That portion of Lot 9 of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian according to Official Plat thereof, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 25th day of July, 1984, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Variance; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission DENIES V-361, based on the following findings: //// //// 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 Pindings: 1) There are no exceptional or extraordinary circumstances or conditions applicable to the property that do not apply to other property in the same vicinity and zone for reasons stated in the staff report. 2) The granting of this variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone for reasons stated in the staff report. PASSED, APPROVED AND ADOPTED at a regular meeting of the ?lanning Commission of the City of Carlsbad, California, held on :he 25th day of July, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Marcus, Farrow, McFadden and Rawlins. NOES: None. ABSENT: Commissioners Smith and Schlehuber. ABSTAIN: None. CARLSBAD PLANNING COMMISSION 9TTEST : LAND USE PLANNING MANAGER PC RES0 NO. 2329 -2- APPLICATION SUBMITTAL DATE: w MAY 16- 1984 STAFF REPORT DATE : July 25, 1984 TO: Pla'rining Commission FROM: Land Use Planning Office SUBJECT: V-361 - ATLANTIC RICHFIELD - Request for an increase in allowable price sign area from 16 square feet to32 square feet for an existing service station located at the northeast corner of El Camino Real and La Costa Avenue I. RECOMMENDATION It is recommended that the Plannina Commission APPROVE Resolution No. 2329 DENYING V-361 Gased on the findings contained therein. 11. BACKGROUND AND PROJECT DESCRIPTION In November, 1983, the City Council approved a zone code amendment to allow price signs to have a maximum of 16 square feet in area. The applicant is requesting approval of a variance to increase the price sign area from 16 square feet to 24 square feet. 111. ANALYSIS Plannina Issues Can the four necessary findings for a variance be made which are as follows: That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone; That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question; That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. That the granting of such variance will not adversely affect the comprehensive general plan. (Ord. 9060 S1802). 5- Discussion Staff feels there are no exceptional or extraordinary circumstances applicable to this property. The service station is located at a highly visible intersection and a 16 square foot price sign mld be easily seen at this location. The applicants feel the increase in signage is necessary for the preservation of a property right because they desire to post the price of two gasoline products and feel 16 square feet is not adequate enough for this. Staff cannot make the finding that the applicant is being denied a property right enjoyed by others. The other service stations in Carlsbad have complied with the price sign ordinance and some have been able to price up to three products within the allowable 16 square feet. Staff also feels that an approval for an increase in the size of the price sign above ordinance requiremens could set an undesirable precedent as other service stations would have grounds to get approval of a variance for the same request. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project is exempt from environmental review, based on Section 19.04.07 of the Zoning Ordinance. Attachments 1. Planning Commission Resolution No. 2329 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Exhibit "An - *Bn, dated May 25, 1984 EVR : ad 7/12/84 -2- 6 BACKGKUlNJ2 WTA SHEET CASE No: V-361 APPLICANT: Atlantic Richf ield REQUE~T AND mIa: Increase price signage from 16 sq. ft. to 24 sq. ft. Northeast mrner of El Camin0 Real and La Costa Avenue. LM;AL DESCRIPTICN: !that portion of bt 9 of Section 35, Tbwnship 12 south, Range 4 West, San Bernardino Meridian acmrding to 4 0 flCl APN: 216-124-03 Acres 05 Proposed No. of Lots/Units 1 GENERAL PIAN AND ZONING Land Use Designation C Density Allowed c-2 Density praposed N/A Existiq Zone c-2 Propused Zone N/A Surrounding Zoning and Land Use: Zoning Site North south East West c-2 Land Use Service Station c-2 c-1-Q c-2 &tail Sapping Center Retail Vacant PUBLIC FACILITIES San Dieguito School District Encinitas Water Olivenhain Sewer bucadia Ew's Public Facilities Fee Agreemnt, dated N/A ENvIFmwmmkL IMPm ASSESSMENT - Negative Declaration, issued - E.I.R. Certified, dated Other, Exenpt 19.04.07 7 12t3) 486- 0343 Telephone Number AGENT: Name Telephone Numkt .. mkmEas: mme -(individual, partner, joint . Eomc Pddrets venture, corpora tion, syndication) B;lsiness Address Telephone Nrdocr Telephone %umber 3isiness Wdress (Attach more sheets if necessary) . f/i.re do,cl'cc uz&er pcrralty Of perjury that the infoneation contaimd in this dis- closure is true md correct and that it will remain true and correct and nay bc' relic2 upon zs being true and correct until aaended, App 1 ica n t cs I I RI I "f 4 t Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING APPEAL V-361 ........... September 8 84 ...................... 19 .... NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California, at 6:M) P.M. on Tuesday, September 18,1984, to consider an appeal of a Planning Commission denial of a request for an increase in allow- able price sign area from 16 square feet to 24 square feet on property generally locate? at the northeast corner of El Camino Real and La Costa Avenue and more particular- ly described as: That portion olLotSofSection35. Township 12 South, Range 4 West, San Bernardino Meridian accord- ine to Official Plat thereof. Appellant: W. KBlinak CJ S361: September 8,1084 CARLSBAD CITY COUNCIL ................................ 19 .... ................................ 19 .... ................................. 19.. ................................. 19 .... I certify under penalty of perjury that the foregoing is true day of r 19RA of San Diego, 'Clerk of the Printer ! c 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk _- TELEPHONE: & (cjfz;F4) 438-5535 APPEAL FORM I 0 appeal the following decision of the ?LAIJONG GOAy\S51qd to the City Council: Project name and number (or subject of appeal):. - Signature B2$-r29O Telephone Number t CITY OF CARLdAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5551 i DESCRIPTION _III-L_-L_L LAW OFFICES OF C. SAMUEL BLICK A PROFESSIONAL CORPORATION P. 0. BOX 8025 FAIRBANKS RANCH PLAZA. SUITE J RANCHO SANTA FE. CALIFORNIA 82067 (619) 758-5994 August 7, 1984 City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Zone Variance - 361 LO5 ANGELES 1213) 587-4755 ORANGE (714) 857-0484 RIVERSIDE (714) 359-5489 Dear Ms. Rautenkranz: This firm represents The Atlantic Richfield Company in the matter of securing a Variance from the City Council for a sign located at a service station site on the corner of El Camino Real and La Costa Boulevard. Due to a particularly busy schedule and a need for adequate preparation, we would request that the matter be heard before the Carlsbad City Council September 18, 1984. This date has been proposed to Mr. Charles Grimm, the Planning Department staff member in charge of this case, and he has indicated this will not result in scheduling difficulties for his department. If you have any questions regarding this matter, please call me. Very truly yours, C. SAMUEL BLICK CSB: Ir cc: Ken Lanz Charles Grimm I. NOTICE OF PUBLIC HEARING APPEAL V-361 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, September 18, 1984, to consider an appeal of a Planning Commission denial of a request for an increase in allowable price sign area from 16 square feet to 24 square feet on property generally located at the northeast corner of El Camino Real and La Costa Avenue and more particularly described as: That portion of Lot 9 of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian according to Official Plat thereof. APPELLANT: W. Kalinak PUBLISH : September 8, 1984 CARLSBAD CITY COUNCIL /I SITE t . *- . *. 7654 EL CPJ:II:O REAL LA COSTA, CP.. 1. Iiunt, 1r.i:. & ::.E. c/o hd Valorern Tax Dept. 2840 Thanksgiving Tower Dallas, TX 75201 I1 II 2. I1 3. II 4. izira, nor. 7. L '" . .1chiyo 1543 Cascony F.d. Leucadia, CA 9202L: A. ? . ;1-2 16- 122-01 216-122-23 216-122-24 5. La Costa Hotel b. Spa 216-124-11 c/o Pacific Southwest Realty Co. P.O. Box 2097, Terminal Annex E-20-12 Los Angeles, CA 90051 11 II 6. 7. La Costa Eotel 6 Spa Costa Del Kar Rd. Carlsbad, CA 3200s 8. I! II I1 9. 11 10. Leucadia County Eater District P.O. Box 233: Leucadia, CA ?2624 i ((15) 753-0255 216-124-13 2 1 6 - 1 2 4 -03 216-124-02 216-124-04 216-124-05