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Home My WebLink About1984-10-02; City Council; 7881-1; Atlantic Richfield sign increase appeal denialTITLE: DENIAL OF APPEAL AND UPHOLDING I PLANNING COI’WISSION DECISION TO i~# 7881-#1 rllTG. 10/2/84 ~ IEPT. CA I DENY VARIANCE V-361 ATLANTIC RICHFIELD DEPT. HD- CITY A a CITY MGR..~ RECOMMENDED ACTION: If the City Council wishes to deny the appeal and affirm the Planning Commission decision to deny variance V-361, your action is to adopt Resolution No. 3764 . ITEM EXPLANATION The City Council-, at your meeting of September 18, 1984, directed the City Attorney to prepare documents denying the appeal and upholding the Planning Commission decision to deny variance V-361 for the reasons stated in Planning Commission Resolution No. 2329. That document is attached. EXHIBIT Resolution NO. 776 (IC 1 2 3 4 5 6 7 8 9 10 11 -. RESOLUTION NO. 7764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A VARIANCE TO INCREASE THE PRICE SIGN SIZE TO 32 SQUARE FEET AT THE ARC0 STATION LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LA COASTA AVENUE. APPLICANT: ATLANTIC RICHFIELD CASE NO.: V-361 WHEREAS, a verified application for a variance 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, the Planning Commission did on the 25th day of July 1984 hold a duly noticed public hearing as proscribed by las to consider said application; and WHEREAS, the Planning Commission did on said day after said public hearing adopt Resolution No. 2329 denying the variance; and WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, on September 18, 1984 the City Council of the City of Carlsbad held a duly noticed public hearing as proscribed by law to consider said appeal and at said hearing after consideration of all of the evidence, testimony, argument of those persons present and desiring to be heard the City Council directed the City Attorney to prepare documents which would deny the appeal; and 12 9 1s 2c 21 22 2: 24 2f 26 27 2E -NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct . B. That the findings of the Planning Commission in Resolution No. 2329 constitute the findings of the City Council in this matter. C. That the appeal of the Planning Commission's denial of V-361 (Atlantic Richfield) is hereby denied based upon the facts set out in the Planning Department Staff Report dated July 25, 1984 and Planning Commission Resolution No. 2329 attached as Exhibit A and incorporated herein and the variance is therefore denied . D. This action of denial is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one. A 3 1 2 3 4 5 6 7 a 9 10 11 19 2c 21 22 23 24 25 26 27 20 -written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of October , 1984 by the following vote, to ATTEST : wit: AYES: NOES: None ABSENT: Council Wr Kulchin Council W&ers Casler, lewis, Chick and Prescott % d e&& MARY H. ASLER, Mayor ALETHA L. ,I .* 4 1 1 1 I I # 4 ! 1( 1: 1; 1; 14 1: I€ 17 1E 1s 2c 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 2329 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF '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 CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO INCREASE THE 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: //// //// //// I 4 5 4 L r E 'i € s 1c 11 li 12 14 If 1E 13 If 19 20 21 22 23 24 25 26 27 28 Findings: 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 Planning Commission of the City of Carlsbad, California, held on the 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. S RAWLINS, Vice-chairman ~~ CARLSBAD PLANNING COMMISSION 4TTE T: . Q IICHAEL J. ,AND USE PLANNING MANAGER 'C RES0 NO. 2329 -2- I SITE LA COSTA AV -.- - __ MAY 16, - 1984 c%l DATE : July-25, 1984 STAFF REPORT TO: Plalining Coarmission 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 Plannins Commission APPROVE Resolution No. 2329 DENYING V-361 based on the ms contained there in 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, I11 . ANALYSIS Planning Issues Can the four necessary findings for a variance be made which are as followa: 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 ~1802). 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 -Id be easily seen at this location. The applicants feel the increase in siqnage 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 "A" - "B", dated May 25, 1984 EVR: ad 7/12/84 -2- AP~LICAHT: Atlantic Richfield AND -ION: Increase price signage from 16 sq. ft. to 24 sq. ft. Nodeast mrmr of El Camino Real and La Costa Avenue. LD[;AL DESCRI~ON: That portion of Kat 9 of Section 35, Tbmship 12 south, 4 west. San Bernardina Meridian accordinn to Acres 05 Proposed No. of Lotsflnits 1 Land Use Designation C Density Allowed c-2 Density proPCwed NIA Existirq Zone c-2 - zone N/A Surrounding twig arrd Land Use: Zoning Lad Use Site C-2 Service Statim North c-2 south c-1-0 &tail Shopping Center East C-2 Retail West C(c0unty) Vacant HlsLfc FACILJTIES San Dieguito School. District Encinitas Water Olivenhain Sewer Leucadia Ew's Public Facilities Fee Agreemmt, dated N/A ~~ IMPAcTMsEssHmT - Negative Declaration, issued Ex- 19 04 007 - E.I.R. Certified, dated Other , AGm: MEkIBEas : .- .I riame *(individual, putnor, joint. Eonre Address venture, corpora tion, syndication) Basinesr Address Telephone Nuzllnr Telephone Yumkr (Attach mor8 shaots if necessary) Ifire d+clh-t uzder pcrnlty of perjury that tSe infozation contaimd in this dir- closuze is tme and correct and that .it will remain true and correct and may W ra1:cC upon as bthg true and correct until mended. App 1 ican t I/ t 'I I'i :L 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 October 11, 1984 Atlantic Richf ield 300 W. Glenoaks Blvd. Glendale, CA 91202 Enclosed for your records, please find a copy of the following Resolution 7764 --- , adopted by the Carlsbad City Council on October 2, 1984 Sincerely, Lf- LEE RAUTENKRANZ, V City Clerk TELEPHONE: (714) 438-5621 LR : adm Enclosures ( 1