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HomeMy WebLinkAboutPS 14-158; La Costa Town Square; Sign Permits/Programs (PS)·~ ~CARLSBAD Community & Economic Development January 2, 2015 Howard Herlitz Pacific Neon Company 2939 Academy Way Sacramento, CA 95815 www.carlsbadca.gov SUBJECT: MODIFIED MINOR SIGN PROGRAM-PS 14-158-LA COSTA TOWN SQUARE-Request for approval of a Modified Minor Sign Program (PS 14-158) for the increase in the sign size and sign area by 15% for the La Costa Town Square shopping center located on the northeast corner of La Costa Avenue and Rancho Santa Fe Road, in the Planned Community Zone and local Facilities Management Zone 11. Dear Mr. Herlitz, The City Planner has completed a review of your application for a Modified Minor Sign Program PS 14-158 for the increase in the sign size and sign area by 15% for the La Costa Town Square shopping center located on the northeast corner of La Costa Avenue and Rancho Santa Fe Road. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. Two comments were received within the ten day notice period (ending on December <9, 2014). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.54.120 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. That the standards established by the Modified Minor Sign Program do not exceed any applicable rules or limit in the General Plan, in that the. General Plan Land Use Element does not contain regulations limiting the amount or size of signs. 2. That the Modified Minor 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 most all of the buildings have two visible elevations and the present sign allowance does not adequately allow for signage that is readily visible from both building elevations. The increase in sign area is proportionate to the size of the buildings. The present sign allowance appears small in relation to the building elevations and the 15% increase will be in scale with the size of the commercial building storefronts without being excessive in size. The increase results in a four inch increase in letter height and roughly 4.5 square feet of area for a typical shop space. The sign program maintains the maximum sign width and height to not exceed 75% of the storefront which prevents signs from being too large relative to the size of the storefront. PS 14-158-LA COSTA TOWN SQUARE January 2, 2015 Page 2 3. That the project will not adversely affect the public health, safety or general welfare, in that the increase in sign size and sign area is not excessive and will be proportionate with the building elevations and will not detract from the aesthetics of the shopping center. The halo illuminated sign requirement ensures the larger signs will not significantly increase the amount of light from the increase in sign size or sign area. 4. 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 envi ·onmental 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. 5. That the request for a Modified Minor Sign Program was adequately noticed at least ten {10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 6. 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 14-158-La Costa Town Square as shown on Exhibits "A" dated December 29, 2014 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 tci 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 Minor Sign Program. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Modified Minor 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. PS 14-158-LA COSTA TOWN SQUARE January 2, 2015 Page 3 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 Modified Minor 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. 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.