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HomeMy WebLinkAboutPS 2021-0005; NEXTMED ORTHOPEDIC SPECIALISTS MODIFIED MINOR SIGN PROGRAM (2)April 27, 2021 Bill Hofman Hofman Planning and Engineering 3152 Lionshead Ave Carlsbad, CA 92010 {'city of Carlsbad 8FILE COPY !Jt-'I.J 1fj2,f,·l, SUBJECT: PS 2021-0005 {DEV2021-0008)-NEXTMED ORTHOPEDIC SPECIALISTS MODIFIED MINOR SIGN PROGRAM -Request for approval of a new Modified Minor Sign Program for the property located at 6121 Paseo del Norte, in the Office Zone and Local Facilities Management Zone 3. Dear Mr. Hofman, The City Planner has completed a review of your application for new Modified Minor Sign Program PS 2021-0005 for Nextmed Orthopedic Specialists located 6121 Paseo del Norte. Specifically, the modified minor sign program proposes to create a uniform sign design that exceeds the permitted sign area by up to 15 percent, as allowed pursuant to Carlsbad Municipal Code (CMC) Section 21.41.060(C)(2). The proposal includes the installation of two (2) wall signs with a combined total of 115 square feet located on the south and west elevations, one (1) 9.2 square-foot tenant identification sign located on the east elevation, and one (1) 40-square-foot monument sign adjacent to the property's driveway along Paseo del Norte. 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. The standards established by the modified minor sign program do not exceed any applicable rules or limits in the general plan or local coastal program; the General Plan or Local Coastal Program do not contain any rules or limits regarding signs. The General Plan promotes economic growth and the development of uses that are compatible with the surrounding land uses. The modified minor sign program is integrated with the building design and is consistent with applicable General Plan policies. Proposed signage is limited, oriented towards Interstate 5 and Paseo del Norte, and is in scale with the buildings to ensure that the signage is visually attractive and not overwhelming. 2. 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; the proposed sign program will provide a uniform design consistent with the existing architectural style within the subject property. The increase in sign area is proportionate to the size of the buildings and the requested increases will be in scale without being excessive in size. The proposed sign program will comply with all other requirements of the Sign Ordinance. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov PS 2021-0005 (DEV2021-0008}-NEXTMED ORTHOPEDIC SPECIALISTS MODIFIED MINOR SIGN PROGRAM April 27, 2021 Pa e 2 3. The modified minor sign program is necessary to ensure the visibility of the overall development to pedestrians and motorists; and allowing up to 15 percent increase in sign area ensures that motorists traveling along Interstate 5 and Paseo del Norte will be able to efficiently identify the businesses operating within the property. 4. The modified minor sign program is necessary to enhance the overall project design, and the aesthetics and/or directional function of all proposed signs. The increase in sign area is not excessive and will be proportionate with the building elevations and will not detract from the aesthetics of the property. The increase will allow the signs to be more. in proportion to the building elevations. Additional sign size will enhance the aesthetics of the project by providing signs more in scale with the buildings and by adding better recognition to the existing business. A better identified building will be easier to recognize and easier to find. 5. 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. 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 2021-0005 (DEV2021-0008) -NEXTMED ORTHOPEDIC SPECIALISTS MODIFIED MINOR SIGN PROGRAM as shown on Exhibits "A" -"F" dated April 27, 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 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. PS 2021-0005 (DEV2021-0008) -NEXTMED ORTHOPEDIC SPECIALISTS MODIFIED MINOR SIGN PROGRAM April 27, 2021 Pa e 3 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 Modified Minor Sign Program, (bl 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: 1. 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. 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. PS 2021,ooos (DEV2021-0008)-NEXTMED ORTHOPEDIC SPECIALISTS MODIFIED MINOR SIGN PROGRAM April 27, 2021 Pa e4 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 ariy 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. Sincerely, DON NEU, AICP City Planner DN:ED:cf c: NextMed Ill, LLC., 6125 Paseo del Norte, Suite 200, Carlsbad, CA 92011 Don Neu, City Planner File Copy Data Entry HPRM