HomeMy WebLinkAbout1989-07-19; Planning Commission; Resolution 28967 0 0
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PLANNING COMMISSION RESOLUTION NO. 2896
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY STORAGE OF AUTOMOBILES ON PROPERTY
CANNON ROAD. APPLICANT: BOB BAKER CASE NO: CUP 89-2
WHEREAS, a verified application has been filed with tl
GENERALLY LOCATED ON THE NORTHWEST CORNER OF 1-5 AND
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request i
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Planning Commission did, on the 19th day of July, 1989, hold a dk
public hearing to consider said application on property described i
A portion of Lot "H" of Rancho Agua Hedi onda Map 823 as recorded on November 16, 1896, in the County of San Diego, California
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be t
Commission considered all factors relating to CUP 89-2. NOW, THE
IT HEREBY RESOLVED by the Planning Commission of tt
Carl sbad as foll ows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public he Commission APPROVES CUP 89-2, based on the following findings to the following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the dev
objectives of the general plan, and is not detrimental to ex or to uses specifically permitted in the zone in which the p is to be 1 ocated; the proposed use is related to the nearby automobile dealerships and will address the imnediate need for storage space.
the community, is essentially in harmony with the various e
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2. That the site for the intended use is adequate in size an( accommodate the use; the site will easily accomnodate the stor cars while providing required aisle and access widths
3. That all of the yards, setbacks, walls, fences, landscaping, features necessary to adjust the requested use to existing or future uses in the neighborhood will be provided and mainti project site has existing mature trees and shrubs which will h the automobile storage use from public view. The redwood sl existing chain link fence will be replaced and extended to fu screen the use.
4. That the street system serving the proposed use is adequate t hand1 e a1 1 traffic generated by the proposed use. Cannon Ro as adjacent roadways are adequate to properly handle a1 generated by the proposed use.
5. The project is consistent with all City Public Facility PO- ordinances since:
a. All necessary public improvements have been provided c required as conditions of approval.
be The applicant has agreed and is required by the inclusil
an appropriate condition to pay a public facilities Performance of that contract and payment of the fee will e this body to find that public facilities will be avai concurrent with need as required by the General Plan.
6. The applicant is by condition, required to pay any increase facility fee, or new construction tax, or development fees agreed to abide by any additional requirements established t: Facilities Management Plan prepared pursuant to Chapter 21. Carlsbad Municipal Code. This will ensure continued avail; public facilities and will mitigate any cumulative impacts crea project.
7. This project is consistent with the City's Growth Management as it has been conditioned to comply with any requirement ar part of the Local Facilities Management Plan for Zone 3.
8. The project was determined to be categorically exempt from env. review per C1 ass 4, Section (e). A Notice of Exemption was June 9, 1989.
Conditions:
1. Approval is granted for CUP 89-2, as shown on Exhibit "A", datec 1989, incorporated by reference and on f i 1 e in the P1 anning DE Development shall occur substantially as shown unless otherwisl
PC RES0 NO. 2896 -2-
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these conditions.
2. The developer shall provide the City with a reproducible 24"
scale my1 ar copy of the site plan as approved by the P1 anning C The site plan shall reflect the conditions of approval by the plan copy shall be submitted to the City Engineer prior to i building permits or improvement plan submittal, whichever occ
3. This project shall comply with all conditions and mitigation r the Zone 3 Local Facilities Management Plan approved by the Ci on May 19, 1987, incorporated herein and on file in thc Department and any future amendments to the Plan made pri issuance of building permits.
4. This project is a1 so approved under the express condi tior applicant pay the public facilities fee adopted by the City July 28, 1987 and as amended from time to time, and any develc established by the City Council pursuant to Chapter 21.90 of tt Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to f subdivider's agreement to pay the public facilities fee date
7, 1988, a copy of which is on file with the City Cle. incorporated by this reference. If the fees are not appl ication will not be consistent with the General P1 an and ap this project will be void.
5. If any condition for construction of any pub1 ic improv facilities, or the payment of any fees in lieu thereof, impos approval or imposed by law on this project are challenged thi shall be suspended as provided in Government Code Section 65 any such condition is determined to be invalid this approva' invalid unless the City Council determines that the project w condition complies with all requirements of law.
6. Approval of this request shall not excuse compl iance with al' of the Zoning Ordinance and all other applicable City ordi effect at time of building permit issuance.
7. This conditional use permit is granted for a period of two ye conditional use permit shall be reviewed by the P1 anning Dirl yearly basis to determine if all conditions of this permit hav and that the use does not have a significant detrimental surrounding properties or the public health and welfare. If th Director determines that the use has such significant advers the Planning Director shall recommend that the Planning Commiss providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This be revoked at any time after a public hearing, if it is founc use has a significant detrimental affect on surrounding land us public's health and welfare, or the conditions imposed hereil been met. This permit may be extended for a reasonable peric
PC RES0 NO. 2896 -3-
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not to exceed two years upon written appl ication of the perm no less than 90 days prior to the expiration date. In gra; extension, the Planning Commission shall find that no substanti affect on surrounding land uses or the public’s health and we result because of the continuati on of the permitted USI substantial adverse affect on surrounding land uses or thc health and welfare is found, the extension shall be considc original application for a conditional use permit. There is r
1 the number of extensions the Planning Commission may grant. 5
6 condition, free from weeds, trash, and debris. 8. All landscaped areas shall be maintained in a healthy an(
7 9. No signs of any type shall be permitted at this site.
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10. Prior to the placement of automobiles on the subject site, the
of the site and along the first forty feet adjacent to the fr eastern edge for screening purposes to the satisfaction of th Director. In addition, redwood slats are to be installed in link fence adjacent to this area for 60’, as shown on Exhibit
11. No sales activity shall take place on this site and no custo be brought to this site. No employee parking shall be allow site.
shall replace the redwood slats in the chain link fence along
12. Only new vehicles may be stored at this site.
Enqineerinq Conditions:
15 13. Approval of this Conditional Use Permit is for vehicle stol
16 Vehicles may only be washed with water at this site, no
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detergents shall be used to wash the cars.
14. The loading and unloading of vehicles shall occur on site,
15. The western driveway shall remain 1 ocked during the tenur
19 Condi ti onal Use Permi t .
20 16. Dust and erosion control shall be maintained at all times as r the City Engineer. Additional measures or ground treatme
21 required.
22 17. The applicant shall pave the 40’ wide by 75’ deep entrance wit!
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of 3” A.C. pavement as shown on the approved site plan.
improvements in accordance with City standards. 26
option require installation of a full median and 0th measured from the date of initial CUP approval then the City 25
applicant wishes to extend this temporary use beyond a two y required because of the temporary nature of this proposed usc 24
18. Improvement of the Cannon Road median adjacent to the project s
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m e
PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 19th da
1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Schlehuber, Schr Erwin, Holmes & Marcus.
NOES : None.
ABSENT: Commi ssi oner McFadden.
ABSTAIN: None.
CARLSBAD PLA~NING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 2896 -5-