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Home My WebLink AboutAMEND 2023-0023; PALOMAR PLACE SIGN PROGRAM; Admin Decision LetterJune 7, 2023 Tim Seaman P.O. Box 5955 ("Cityof Carlsbad 8FILE COPY Chula Vista, CA 91912 SUBJECT: AMEND 2023-0023 (DEV2018-0177} -PALOMAR PLACE SIGN PROGRAM -Request for approval of an amendment to the Palomar Place Sign Program, PS 92-101, for properties located at 5850, 5950, 5958, 5970, 5980, and 5990 Avenida Encinas {APNs 210-170-07, -08, -09, -10, -17, -21, -22, -23) in the Commercial Tourist and Qualified Development Overlay (C-T-Q) Zones and Local Facilities Management Zone 3. Dear Mr. Seaman, The City Planner has completed a review of your application to amend the Palomar Place Sign Program, AMEND 2023-0023. The original Sign Program was permitted pursuant to PS 92-101 on November 6, 1992. The proposed project entails a request to amend PS 92-101 to remove reference to the existing office building located at the north end of the commercial center. The office building has been demolished for the construction of a new fast food restaurant located at 5850 Avenida Encinas. Reference to the fast food restaurant as well as an allocation for wall signage has been added to the sign program. Four (4) wall signs totaling approximately 146.5 square feet (SF) are proposed in conjunction with the construction of the fast food restaurant, which complies with the allowed sign area of 159.25 SF pursuant to Section 21.40.060 of the Carlsbad Municipal Code (CMC) and is consistent with PS 92-01. 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 92-101 to remove reference to the office building and associated sign allocation and add a wall signage allocation for the fast food restaurant 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 existing sign program allows for flexibility in design to a complement each building style in the commercial center. The proposal to add a fast food restaurant to PS 92-101 complies with the architectural style of the proposed building as well as the varied architectural styles exhibited throughout the commercial center. 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 Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 \ 442-339-2600 www.carlsbadca.gov AMEND 2022-0023 (DEV2018-0177) -PALOMAR PLACE SIGN PROGRAM June 7, 2023 Pa e 2 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 2022-0023 -PALOMAR PLACE SIGN PROGRAM as shown on Exhibits "A" -"C" dated June 6, 2023 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 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 AMEND 2022-0023 (DEV2018-0177) -PALOMAR PLACE SIGN PROGRAM June 7, 2023 Pa e 3 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 with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow tha~ 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. AMEND 2022-0023 (DEV2018-0177) -PALOMAR PLACE SIGN PROGRAM June 7, 2023 Pa e4 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 $847.00. 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 Shannon Harker at (442) 339-2621. Sincerely, ~~ CLIFF JONES Principal Planner CJ:SH:JC CC: Megan Nelson, Palomar & Co., 2385 Camino Vida Roble, Ste. 100, Carlsbad, CA 92011 File Copy Data Entry Laserfiche