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Home My WebLink About1999-04-07; Planning Commission; Resolution 4501t 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ~ PLANNING COMMISSION RESOLUTION NO. 4501 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A SECOND MONUMENT SIGN ON PROPERTY GENERALLY LOCATED AT 951 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COSTCO MONUMENT SIGN CASE NO.: CUP 98- 12 WHEREAS, The Price Company, “Developer”, has filed a verified a] with the City of Carlsbad regarding property owned by The Price Company, described as Parcel 2 of Parcel Map 17542 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County June 27,1995. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditj Permit as shown on Exhibit “A” - “F” dated March 17, 1999 on file in the Planning De: COSTCO MONUMENT SIGN CUP 98-12, as provided by Chapter 21.42 andor 21. Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of March, 1: a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: I A) That the foregoing recitations are true and correct. I/ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the COI RECOMMENDS APPROVAL of COSTCO MONUMENT SIGN 12, based on the following findings and subject to the following conditio] Findings: 1. That the requested use is necessary or desirable for the development of the comI essentially in harmony with the various elements and objectives of the General . is not detrimental to existing uses specifically permitted in the zone in M proposed use is located, in that as required by Section 21.41.075(b) of the t Municipal Code, the proposed second monument sign would not resul proliferation of signs since the Costco project has extensive (1,000’+) fron. the proposed monument sign would be located at the western end of approximately 1,000’ from the existing monument sign. The proposed sign adversely impact the area since it is consistent in appearance and size existing monument sign, and its location adjacent to the second entry dri appropriate in that it identifies the driveway as an entry to the Costco store high sign is situated perpendicular to the roadway and located 22’ from th curb and setback 15’ from the driveway thereby avoiding any interfere] sight distance or obstruction of views. 2. That the site for the intended use is adequate in size and shape to accommodate tl that ample area exists within the landscape setback along the extensive road for the installation of monument signage. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necl adjust the requested use to existing or permitted future uses in the neighborhool provided and maintained, in that the proposed monument sign is consi appearance and area to the existing Costco monument sign and landscaping the base of the sign will be provided. 4. That the street system serving the proposed use is adequate to properly handle a generated by the proposed use, in that the second monument sign will gent additional traffic. 5. That the Planning Director has determined that the project is exempt f requirements of the California Environmental Quality Act (CEQA) per Section 1 the state CEQA Guidelines and will not have any adverse significant impac environment. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all COI and modifications to the Conditional Use Permit document(s) necessary to ma internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve different from this approval, shall require an amendment to this approval. PC RES0 NO. 4501 -2- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The installation of shrubs that are a minimum of 12 inches in height installed and maintained at all times around the entire base of the monun for the purpose of enhancing the overall appearance of the monument struc 3. Prior to issuance of a sign permit for the second monument sign, the appro Program, PS 91-73(B), shall be amended in conformance with Exhibit “I March 17, 1999, thereby ensuring that the aggregate project signage 5 exceed the area permitted by the sign program. 4. This Conditional Use Permit is granted for a period of 10 years. This Conditi Permit shall be reviewed by the Planning Director on a yearly basis to determ conditions of thx permit have been met and that the use does not have a SI negative effect on surrounding properties or the public health and welfare Planning Director determines that the use has such substantial negative efi Planning Director shall recommend that the Planning Commission, after prov permittee the opportunity to be heard, add additional conditions to reduce or elin substantial negative effects. This permit may be revoked at any time after hearing, if it is found that the use has a substantial detrimental effect on surroun( uses and the public’s health and welfare, or the conditions imposed herein have met. This permit may be extended for a reasonable period of time not to exceed upon written application of the permittee made no less than 90 days pric expiration date. The Planning Commission may not grant such extension, unles that there are no substantial negative effects on surrounding land uses or the health and welfare. If a substantial negative effect on surrounding land use public’s health and welfare is found, the extension shall be denied or gran conditions which will eliminate or substantially reduce such effects. There is nc the number of extensions the Planning Commission may grant. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, del hold hannless the City of Carlsbad, its Council members, officers, employees, agt representatives, fi-om and against any and all liabilities, losses, damages, demand: and costs, including court costs and attorney’s fees incurred by the City arising, or indirectly, from the City’s approval and issuance of this Conditional Use Perm: 6. Approval of CUP 98-12 is granted subject to the approval of CDP 98-56. CUP subject to all conditions contained in Planning Commission Resolution 4502 CDP 98-56. 7. I If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time, if any of such conditions fail tc implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuanc future building permits; deny, revoke or further condition all certificates of oc issued under the authority of approvals herein granted; institute and prosecute litie compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City’s apr this Conditional Use Permit. ~ PC RES0 NO. 4501 -3- * 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I # I NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexac you protest them, you must follow the protest procedure set forth in Government Cod1 66020(a), and file the protest and any other required information with the City Mal processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/( DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bt. a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 17th day of March, 1991 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heurel Nielsen, Noble, Savary, and Welshons NOES: ABSENT: I^ , . .. . .,.,., . , ,.- .. i;;; .,., CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4501 -4-