HomeMy WebLinkAbout1985-03-27; Planning Commission; Resolution 2418d -4 0 0
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PLANNING COMMISSION RESOLUTION NO. 2418
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A TRAILER AS A
TEMPORARY SALES OFFICE ON PROPERTY GENERALLY
LOCATED AT 5445 PASEO DEL NORTE
APPLICANT: FINNEY
CASE NO: CUP-269
WHEREAS, a verified application has been filed with
City of Carlsbad and referred to the Planning Commission; ani
WHEREAS, said verified application constitutes a re(
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipa:
the Planning Commission did, on the 27th day of March, 1985,
duly noticed public hearing to consider said application on
property described as:
Lot 3 of Carlsbad Tract 72-3 according to Map 7492 j
November 30, 1972,
WHEREAS, at said hearing, upon hearing and considerj
testimony and arguments, if any, of all persons desiring to 1
heard, said Commission considered all factors relating to CUE
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearir
Commission hereby APPROVES CUP-269, based on the followir findings:
Findings
1) That the requested use is necessary or desirable for the development of the community, is essentially in harmony 9 the various elements and objectives of the general plan, is not detrimental to existing uses or to uses specifical
permitted in the zone in which the proposed use is to be located; since it will facilitate the construction of a r car dealership which would be in harmony with the goals ; objectives of the surrounding area (Car Country).
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2) That the site for the intended use is adequate in size i shape to accommodate the use; since the trailer will be only as a temporary off ice and when the site is develop
will be removed.
3) That all of the yards, setbacks, walls, fences, landsca]
and other features necessary to adjust the requested us(
existing or permitted future uses in the neighborhood w provided and maintained; since the site is vacant and tl
trailer will be removed when construction of the car
dealership is completed .
4) That the street system serving the proposed use is adeql
to properly handle all traffic generated by the proposec since all the adjacent streets are improved.
5) The project is consistent with all City public facility
icies and ordinances since:
a) All necessary public improvements have been providec
will be required as conditions of approval.
b) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitj
fee. Performance of that contract and payment of tl
will enable this body to find that public facilities
be available concurrent with need as required by thc
general plan.
6) This project will not cause any significant environment;
impacts and a Negative Declaration has been issued by tl
Use Planning Manager on February 23, 1985 and approved 1 Planning Commission on March 27, 1985.
Land Use Planning Conditions:
1 ) Approval is granted for CUP-269, as shown on Exhibit "A'
dated January 24, 1985, incorporated by reference and or in the Land Use Planning Office. Development shall occc substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that
building permits will not be issued for development of t subject property unless the City Engineer determines thz sewer facilities are available at the time of applicatic such sewer permits and will continue to be available unt time of occupancy.
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PC FdSO NO. 2418 -2-
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3) This project is approved upon the express condition thal
applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on filc
the City Clerk and incorporated herein by reference, an( according to the agreement executed by the applicant fol payment of said fee, a copy of that agreement, dated Dec 31, 1984, is on file with the City Clerk and incorporatc herein by reference. If said fee is not paid as prornisc this application will not be consistent with the Genera'
and approval for this project shall be void.
4) Approval of this request shall not excuse compliance wit
sections of the Zoning Ordinance and all other applicabl
ordinances in effect at time of building permit issuanct
5) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the ( Real Water District, dated May 25, 1983.
6) This conditional use permit is granted for a period of ( year subject to submittal of a detailed site developmenl
for a permanent facility within 90 days of the date of approval of this conditional use permit. If said site 1 is not submitted, this permit shall expire 90 days from
date of approval.
14 7) Prior to locating the temporary trailer on this site, tk
Use Planning Manager for its removal. 15
applicant shall post a bond to the satisfaction of the I
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8) All landscaped areas shall be maintained in a healthy ar
thriving condition, free from weeds, trash, and debris.
9) Any signs proposed for this development shall be design€
conformance with the City's Sign Ordinance and shall rec review and approval of the Land Use Planning Manager prj installation of such signs.
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23 11)
Trash receptacle areas shall be enclosed by a six-foot 1
masonry wall with gates pursuant to City standards. Loc
of said receptacles shall be approved by the Land Use PI
Manager.
Building identification and/or addresses shall be placed
all new and existing buildings so as to be plainly visit from the street or access road; color of identification addresses shall contrast to their background color.
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28 PC RES0 NO. 2418 -3-
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1 Engineering Conditions:
2 12) Additional drainage easements and drainage structures sl provided or installed as may be required by the County
3 Department of Sanitation and Flood Control or the City .
neer.
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13) Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of ’
regarding services to the project.
design requirements of the respective sewer and water ac 7
14) The developer shall comply with all the rules, regulatic 6
site plan.
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15) Prior to approval of any grading or building permits fox
project, the owner shall give written consent to the
annexation of the area shown within the boundaries of tk
plan into the existing City of Carlsbad Street Lighting Landscaping District No. 1.
PASSED, APPROVED AND ADOPTED at a regular meeting oj
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l3 the 27th day of March, 1985, by the following vote, to wit:
Planning Commission of the City of Carlsbad, California, heli
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AYES: Commissioners Schlehuber, L’ Heureux, MarcL McFadden, Smith and Rombotis.
NOES : None.
ABSENT: Chairman Farrow.
ABSTAIN : None.
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22 ATTEST:
LW CLARENCE SCHLEHUBER, Vice-Chairma CARLSBAD PLANNING COMMISSION
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24 LAND USE PLANNING MANAGER
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28 PC RES0 NO. 2418 -4-
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