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HomeMy WebLinkAboutPUD 15-11; Lanikai Lane Gated Gallery; Planned Unit Development - Non-Residential (PUD)PUD 15-11/CDP 15-23-L~NkKA!iLANE GATED GALLERY September 29, 2015 Pa e 2 3. That the project will not adversely affect the public health, safety or general welfare, in that the installation of the access gates complies with all applicable development standards of the Planned Development Ordinance (Chapter 21.45} of the Carlsbad Municipal Code to ensure compatibility with surrounding residential uses. 4. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the project with its decorative metal vehicular gates and masonry pilasters with stucco finish, enhanced vehicular paving material, and updated landscape design represents an upgrade to the lanikai lane Mobile Home Park site and the surrounding neighborhood. Furthermore, all elements (i.e. site layout, entry gate architecture, landscaping} create continuity in the overall project design. 5. That the request for a Minor Planned Development Permit was adequately noticed at least ten {10) calendar days before the date of this decision pursuantto Section 21.54.060 of the Carlsbad Municipal Code. COP FINDINGS: 6. That the total cost of the proposed development is less than $60,000. 7. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project in that the property is not located adjacent to the shore and no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 8. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and the lot is already disturbed, has no natural steep slopes or mature vegetation and is developed with a 146 unit Residential Mobil Home Park. 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated Residential Mobile Home Park (RMHP} and is already disturbed and developed with a 146 unit Residential Mobile Home Park. The development consists of the installation of vehicular security entry gates, decorative paving, and landscaping located at the entrance to the lanikai lane Mobile Home Park. The proposed 6 Yz foot tall vehicular security gates will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. Furthermore, the proposed security gates are not located in an area of known geologic instability or flood hazards. PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Pa e 4 16. 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. 1. Approval is granted for PUD 15-11/CDP 15-23 as shown on Exhibits "A-G" dated September 29, 2015 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 Minor Planned Development Permit and Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Planned Development Permit and Minor Coastal Development Permit 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 Minor Planned Development Permit and Minor Coastal Development Permit, (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 PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Pa e 5 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 submit to the Planning Division a reproducible 24" x36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Planned Development Permit and Minor Coastal Development Permit on the property. Said 1\lotice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Pa e 6 15. Prior to the issuance of a building permit, the existing wooden pedestrian gate located at the northern end of the Mobile Home Park shall be replaced with a new gate fitted with a secure locking mechanism for residence access only. The gate design including the height and building materials shall be at the discretion of the City Planner. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a demolition permit, building permit or right of way permit. General 16. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 17. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 18. Based upon information submitted by the developer this project is subject to standard stormwater regulations. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management.practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 19. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF al.l to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 20. Developer is responsible to ensure that all final design plans incorporate all source control, site design and Low Impact Design (LID) facilities. Based upon information submitted by the developer this project is subject to standard stormwater regulations. Should the final design plans indicate that the proposed improvements are subject to priority storm water requirements, the developer will be required to submit a Storm Water Quality Management Plan (SWQMP) prior to issuance of any permit. PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Page 8 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 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. 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 $673 plus noticing fee. 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 Greg Fisher at (760) 602-4629. Sincerely, J~r---- VAN LYNCH Principal Planner VL:GF:fn c: Don Neu, City Planner Steve Bobbett, Project Engineer File Copy Data Entry HPRM PUD 15-11/CDP lS,-23 -¥lftf!N(f<AffitANE GATED GALLERY September 29, 2015 .... " Page 2 3. That the project will not adversely affect the public health, safety or general welfare, in that the installation of the access gates complies with all applicable development standards of the Planned Development Ordinance (Chapter 21.45) of the Carlsbad Municipal Code to ensure compatibility with surrounding residential uses. 4. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality, b) includes {he use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the project with its decorative metal vehicular gates and masonry pilasters with stucco finish, enhanced vehicular paving material, and updated landscape design represents an upgrade to the Lanikai Lane Mobile Home Park site and the surrounding neighborhood. Furthermore, all elements (i.e. site layout, entry gate architecture, landscaping) create continuity in the overall project design. 5. That the request for a Minor Planned Development Permit 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. COP FINDINGS: 6. That the total cost of the proposed development is less than $60,000. 7. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required ofthe project in that the property is not located adjacent to the shore and no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 8. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and the lot is already disturbed, has no natural steep slopes or mature vegetation and is developed with a 146 unit Residential Mobil Home Park. 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated Residential Mobile Home Park (RMHP) and is already disturbed and developed with a 146 unit Residential Mobile Home Park. The development consists of the installation of vehicular security entry gates, decorative paving, and landscaping located at the entrance to the Lanikai Lane Mobile Home Park. The proposed 4 Yz foot tall vehicular security gates will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. Furthermore, the proposed security gates are not located in an area of known geologic instability or flood hazards. PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Page 3 10. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoni.ng Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation are located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. " 11. The project is not located between the sea and the first public road parallel to the sea and therefore is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 12. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.085(8) and (C) of the Carlsbad Coastal Development Regulations. General 13. 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 15303(e)-New Construction 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. 14. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 22 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 15. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Page4 16. 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. 1. Approval is granted for PUD 15-11/CDP 15-23 as shown on Exhibits "A-G" dated September 29, 2015 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 Minor Planned Development Permit and Minor Coastal Development Permit. 3. Staff is authorized and .directed to make, or require the Developer to make, all corrections and modifications to the Minor Planned Development Permit and Minor Coastal Development Permit 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 Minor Planned Development Permit and Minor Coastal Development Permit, (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 PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Page 5 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 submit to the Planning Division a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building pe.rmits. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office ofthe County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Planned Development Permit and Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Page 6 15. Prior to the issuance of a building permit, the existing wooden pedestrian gate located at the northern end of the Mobile Home Park shall be replaced with a new gate fitted with a secure locking mechanism for residence access only. The gate design including the height and building materials shall be at the discretion of the City Planner. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a demolition permit, building permit or right of way permit. General 16. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul rot,~te. 17. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 18. Based upon information submitted by the developer this project is subject to standard stormwater regulations. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 19. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 20. Developer is responsible to ensure that all final design plans incorporate all source control, site design and Low Impact Design (LID) facilities. Based upon information submitted by the developer this project is subject to standard stormwater regulations. Should the final design plans indicate that the proposed improvements are subject to priority storm water requirements, the developer will be required tc;> submit a Storm Water Quality Management Plan (SWQMP) prior to issuance of any permit. PUD 15-11/CDP 15-23-LANIKAI LANE GATED GALLERY September 29, 2015 Pa e 7 21. Based upon information submitted by the developer this project is subject to standard stormwater regulations. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan {SUSMP). These measures include, but are not limited to reducing the use of new impervious surfaces (e.g.: paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas). 22. Gates securing access roads shall provide a clear opening of 16 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch. Code Reminders: 23. 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. 24. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 25. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 22 as required by Carlsbad Municipal Code Section 21.90.050. 26. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 27. 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. 28. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 30. 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 ofthe City Planner prior to installation of such signs.