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Home My WebLink AboutPS 2021-0015; BADIEE DEVELOPMENT SIGN PROGRAM; Admin Decision LetterMarch 4, 2021 Genie Jackson Integrated Sign Associates 1160 Pioneer Way, suite M El Cajon, CA 92020-1944 {'city of Carlsbad El FILE COPY /Jf a.,/e/ ?, / S /2. I SUBJECT: PS 2021--0015 (DEV2021-0029)-BADIEE DEVELOPMENT SIGN PROGRAM -Request for approval of a new sign program for the property locate_d at 2810 Caribou Court, in the Planned Industrial Zone and Local Facilities Management Zone 16. Dear Ms. Jackson, The City Planner has completed a review of your application for new sign program PS 2021-0015 for the Badiee Development located 2810 Caribou Court. Specifically, the sign program proposes to create a uniform sign design that includes six (6) wall signs with a combined total of 240 square feet located on the south, east and west elevations, six-square-foot tenant identification window signs located on the front doors of tenant suites, and one-square-foot tenant identification signs for each suite located at the rear of the building (north elevation). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Carlsbad Municipal Code Section 21.41.060 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: 1. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter in that all proposed signs in the sign program comply with Carlsbad Municipal Code Chapter 21.41. 2. The signs have been integrated with the project's building, site and landscaping design to form a unified architectural statement in that the proposed sign program will provide a uniform design consistent with the existing architectural style within the subject property. 3. 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(a) -Accessory Structures, On-premise signs 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax PS 2021-0015 (DEV2021-0029}-BADIEE DEVELOPMENT SIGN PROGRAM March 4, 2021 Pa e 2 4. The City Planner 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. Approval is granted for PS 2021-0015 -BADIEE DEVELOPMENT SIGN PROGRAM as shown on Exhibits "A" -"H" dated March 4, 2021 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 fu"rther 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 Sign Program. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 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. --------------··-··-······ PS 2021-001S {DEV2021-0029)-BADIEE DEVELOPMENT SIGN PROGRAM March 4, 2021 Pa e 3 7. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 8. A maximum of four (4) wall signs not exceeding a combined total of 120 square feet may be installed along the south elevation of the building. Code Reminders: 1. Approval of this request shall not excuse compliance with all applicable sections of the 2oning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 2. Any signs proposed for this development 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. 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 the 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. This decision may be appealed by you or• any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Esteban Danna at (760) 602-4629. DON NEU, AICP City Planner DN:ED:cf c: Don Neu, City Planner File Copy Data Entry HPRM --------·-·-········-•-··-----····