HomeMy WebLinkAbout1987-09-16; Planning Commission; Resolution 2678*.
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PLANNING COMMISSION RESOLUTION NO. 2678
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF A 40 SQUARE FOOT MONUMENT
IDENTIFICATION SIGN ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL APPROXIMATELY 200 FEET NORTH OF COSTA DEL MAR
ROAD. APPLICANT: LA COSTA HOTEL & SPA
CASE NO: CUP-258(A)
7 WHEREAS, a verified application has been filed with the
8 City of Carlsbad and referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request
10 as provided by Title 21 of the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipal Code,
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property described as: 14
hold a duly noticed public hearing to consider said application on 13
the Planning Commission did, on the 16th day of September, 1987,
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Portion of Section 35, Township 12 south, Range 4
west, San Bernadino Meridian, in the City of Carlsbad, County of San Diego, State of California,
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258(A). 20
heard, said Commission considered all factors relating to CUP- 19
testimony and arguments, if any, of all persons desiring to be 18
WHEREAS, at said hearing, upon hearing and considering all
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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(8) That based on the evidence presented at the public hearing, the 24
(A) That the foregoing recitations are true and correct.
Commission APPROVES CUP-258(A), based on the following findings
and subject to the following conditions:
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Ill!
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Findings:
1. The project is consistent with all City public' facility pol- icies and ordinances since:
a) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
General Plan.
2. This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reasons
stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden
on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
3. The applicant is by condition, required to pay any increase in
public facility fee, or new construction tax, or development
fees, and has agreed to abide by any additional requirements
established by a development management or public facility
program ultimately adopted by the City of Carlsbad. This will
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
4. The project is consistent with the provisions of Chapter 21.90
of the Carlsbad Municipal Code and the plans adopted pursuant
of this Chapter or has signed an agreement to be subject to
such plans when they are adopted.
5. The requested use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan, and
is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located since it will provide for better identification or
the main entrance to La Costa Hotel and Spa.
6. The site for the intended use is adequate in size and shape to accommodate the use.
7. All of the yards, setbacks, walls, fences, landscaping, and
other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will be
provided and maintained since the lot is already improved
with structures and landscaping.
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PC RES0 NO. 2678 -2-
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8. The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use
since the adjacent streets are improved and the use will not
create any additional traffic.
9. The sign meets the requirement of the Sign Ordinance since it
will be under 55 square feet in size and will be located at
least 200 feet from the existing sign.
~ IO. The project is exempt from environmental review pursuant to
Section 21.040.090.
11. This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any
requirements approved as part of the Local Facilities Management Plan for Zone 6.
Conditions:
1. This project is also approved under the express condition tha.;
the applicant pay the public facilities fee adopted by the
City Council on 3uly 28, 1987, and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or faci.lities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated August 27, 1987, copies of
which are on file with the City Clerk and are incorporated by
this reference. If the fees are not paid this application
will not be consistent with the General Plan and approval for
this project shall be void,
2. Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
3. Approval is granted for CUP-258(A) as shown on Exhibit "A",
dated 3uly 21, 1987, incorporated by reference and on file in
the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
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4. This approval shall become null and void if building permits
are not issued for this project within one year from the date
of project approval.
5. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
6. This conditional use permit is granted for a period of 10
years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does
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I not have a significant detrimental impact on surrounding
properties or the public health and welfare. If the Planning
Director determines that the use has such significant adverse
impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the
opportunity to be heard, add additional conditions to mitigat
the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extende
for a reasonable period of time not to exceed 15 years upon
written application of the permittee made not less than 90
days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the
public's health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
no limit to the number of extensions the Planning Commission
may grant.
7. 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 ar
challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid unles
the City Council determines that the project without the
condition complies with all requirements of law.
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8. The maximum height of the sign shall not exceed seven feet
above the curb grade of- El Camino Real adjacent to the site.
In addition, landscaping shall be provided to completely
hide the base of the sign subject to the approval of the
Planning Director.
9. Prior to the issuance of a building permit, the illegal sign
foundation, located along the eastern side of El Camino Real,
120 feet north of Costa Del Mar Road, shall be removed.
IO. This project shall comply with all conditions and mitigation
required by the Zone 6 Local Facilities Management Plan and
any future amendment to that plan made prior to the issuance
of building permits.
Engineering Conditions: I 11. The proposed sign shall be constructed in the location shown
on the site plan, i.e. approximately 200 feet north of the existing sign at the corner of El Camino Real and Costa Del Mar Road and 23 feet east of the existing curb on El Camino Real.
PC RES0 NO. 2678 -4-
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12. Prior to the issuance of a building permit for the proposed
sign, the tree located 70 feet north of the existing sign at
El Camino Real and Costa Del Mar Road shall be trimmed to
ensure proper sight distance. This tree shall be trimmed
regularly so that the sight distance will meet proper AASHTO
regulations for corner sight distance. The tree trimming
required in this condition shall be verified by the project engineer prior to the issuance of the building permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 16th day of September, 1987, by the following vote, to
wit:
AYES: Chairman Marcus, Commissioners Holmes, Hall,
McBane, McFadden and Schramm.
NOES : No ne.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
ATTEST:
MICHAEL 3. HIKZMILVER
PLANNING DIRECTOR
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