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Home My WebLink AboutAMEND 2024-0003; CARLSBAD OAKS BUSINESS PARK SIGN PROGRAM AMENDMENT; Admin Decision Letter{city of Carlsbad September 17, 2024 Cubix Safety ATTN: Brian Grandon 2777 Loker Ave West, STE C Carlsbad, CA 92010 SUBJECT: AMEND 2024-0003 (DEV2024-0054)-CARLSBAD OAKS BUSINESS PARK SIGN PROGRAM AMENDMENT -Request for approval of an amendment to the Carlsbad Oaks Business Park Sign Program, PS 91-88, for property located at 2777 Loker Avenue West (APN 209-081-30-00) in the Planned Industrial (P-M) Zones, the Carlsbad Airport Business Park Specific Plan (SP 200) and Local Facilities Management Zone 5. Dear Mr. Grandon, The City Planner has completed a review of your application to amend the Carlsbad Oaks Business Park Sign Program, AMEND 2024-0003. The original Sign Program was permitted pursuant to PS 91-88 on November 21, 1991. The proposed project entails a request to amend PS 91-88 as follows: • Remove references to specific fonts and colors -The original sign program restricted letters to Palatino Italic and numbers to Palatino Roman. The sign program amendment proposes to remove these requirements to allow future tenants to have their individual unique brand font and colors. • Increase the allowed maximum wall sign area/letter height for major tenants -The original sign program limited major tenants to a maximum sign area of 18 square feet and maximum letter height of 12 inches. The sign program amendment proposes to allow wall signs for major tenant to be the maximum allowed in the P-M zone, which is 70 square feet per sign with a maximum letter height of 48 inches. • Remove restrictions that prohibit logos and allows logos up to a height of 48 inches. • Increase the allowed maximum wall sign area/letter height for minor tenants -Remove the maximum cap size of 6 inches for minor tenant wall signs and allow wall signs up to 60 square feet with 36-inch letters. • Clarify that minor signage can be located on the tenant fascia, which was previously referred to as architectural sign band. All changes comply with the maximum sign/letter height requirements of the Sign Ordinance regulations pursuant to CMC 21.41.095. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0003 (DEV2024-0054) -CARLSBAD OAKS BUSINESS PARK SIGN PROGRAM AMENDMENT September 17, 2024 Pa e 2 After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to CMC 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 new signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter in that the amendment to PS 91-88 to remove restrictions on wall sign font and colors and to allow wall signs up to the maximum sign area and sign/letter height permitted in the Sign Ordinance complies with CMC 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 amendment will allow each tenant to identify their business with their unique brand font and colors while maintaining uniformity in location and sizing to ensure signage complements the existing office building. 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, 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. 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 AMEND 2024-0003 -CARLSBAD OAKS BUSINESS PARK SIGN PROGRAM AMENDMENT as shown on Exhibits "A" -"D" dated September 17, 2024 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 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 Sign Program Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Sign Program Amendment documents, as necessary to make them internally Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0003 (DEV2024-0054) -CARLSBAD OAKS BUSINESS PARK SIGN PROGRAM AMENDMENT September 17, 2024 Pa e 3 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 Amendment, (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. 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. Code Reminders: 8. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 9. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0003 (DEV2024-0054) -CARLSBAD OAKS BUSINESS PARK SIGN PROGRAM AMENDMENT September 17, 2024 Pa e 4 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 $930.00. 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 Lauren Yzaguirre at (442) 339-2634. Sincerely, CLIFF JONES Principal Planner CJ:LY:cf CC: First Industrial Realty Trust, 898 N. Pacific Coast Highway, STE 175, El Segundo, CA 90245 Gwen Snow, 2420 Grand Ave Ste B-1, Vista, CA 92081 File Copy Data Entry Laserfiche Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600