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HomeMy WebLinkAbout1989-09-06; Planning Commission; Resolution 2907I 1 2 3 4 0 0 PLANNING COMMISSION RESOLUTION NO. 2907 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBf CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW DEALERSHIP FREESTANDING SIGN ON PROPERTY LOCATED AT 5556 PASEO I: NORTE . APPLICANT: HOEHN ACURA CASE NO: CUP 89-3 5 WHEREAS, a verified application has been filed with the City of 6 and referred to the Planning Commission; and 7 WHEREAS, said verified application constitutes a request as pr, 8 Title 21 of the Carlsbad Municipal Code; and 9 WHEREAS, pursuant to the provisions of the Municipal Code, the 10 11 Commission did, on the 6th day of September, 1989, hold a duly notic hearing to consider said application on property described as: 12 13 Lot 9 of Carlsbad Tract No. 72-3, in the City of Carlsbad, COI of San Diego, State of California, according to map thereof 7492, filed in the office of the County Recorder of San D' County, November 30, 1972. 14 11 WHEREAS, at said public hearing, upon hearing and consic l5/1 testimony and arguments, if any, of all persons desiring to be hi 16// Commission considered all factors relating to CUP 89-3. 17 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commisz City of Carl sbad as follows: 19 I A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public he< 20 21 Commission APPROVES CUP 89-3, based on the following findings to the following conditions: 22 Findinqs: 23 24 25 26 27 28 1. I That the requested use is necessary or desirable for the dev the community, is essentially in harmony with the various e objectives of the general plan, and is not detrimental to er or to uses specifically permitted in the zone in which the F is to be located because: a) The use, as conditioned, cornpl. requirements of Section 21.41 of the Municipal Code as b standards of SP 19 A & B. b) The proposed sign represents confl ict with the General P1 an. I I1 '. ll 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 2. That the site for the intended use is adequate in size a1 accommodate the use; 3. That all of the yards, setbacks, walls, fences, landscaping features necessary to adjust the requested use to existing c future uses in the neighborhood will be provided and mainta- 4. That the street system serving the proposed use is adequate hand1 e a1 1 traffic generated by the proposed use, because c of a sign is considered an accessory use and will not co traffic generation. 5. The project is consistent with all City publ ic facility p ordinances since: a) All necessary public improvements have been provided required as conditions of approval. 6. The proposed sign is consistent with Specific Plan 19 A regulates this area of Car Country. Condi ti ons ! 1. Approval is granted for CUP 89-3, as shown on Exhi bit September 6, 1989, and incorporated by reference and on P1 anning Department and as modified by Condition 6. Develc occur substantially as shown unless otherwise noted in these 2. This project shall comply with all conditions and mitigation the Zone 3 Local Facilities Management Plan approved by the ( on May 19, 1987, incorporated herein and on file in t Department and any future amendments to the Plan made pi issuance of bui 1 ding permi ts. 3. Approval of this request shall not excuse compliance with 2 of the Zoning Ordinance and all other applicable City or effect at time of building permit issuance. 4. This approval shall become null and void if a sign permit i: for this project within one year from the date of project a1 5. This conditional use permit is granted for a period of 10 J conditional use permit shall be reviewed by the Planning D' yearly basis to determine if all conditions of this permit h and that the use does not have a significant detrimenta' surrounding properties or the publ ic health and we1 fare. If Director determines that the use has such significant advel the Planning Director shall recommend that the P1 anning Commi providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. Thi be revoked at any time after a public hearing, if it is fou PC RES0 NO. 2907 -2- 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 0 0 use has a significant detrimental affect on surrounding land the pub1 ic’s health and welfare, or the conditions imposed her not been met. This permit may be extended for a reasonable r time not to exceed 5 years upon written application of the permi. no less than 90 days prior to the expiration date. In grant extension, the Planning Commission shall find that no substantia affect on surrounding land uses or the public’s health and wel. result because of the continuation of the permitted use. substantial adverse affect on surrounding land uses or the health and welfare is found, the extension shall be considel original application for a conditional use permit. There is nc the number of extensions the Planning Commission may grant. 6. The sign shall be moved to the east 2 feet to a point behind t right-of-way and to a point 15 feet south of the northern drivev 60 days of this approval. 7. The area around the base of the sign shall be landscaped in a with the approved Hoehn Acura landscape plan. 8. Because the sign was constructed without a permit, the sign p shall be doubled in accordance with Section 304(e)2 of th Bui 1 ding Code - 9. Prior to issuance of building permit, applicant shall obtain Development Permit that substantially conforms with this apprl .... .... .... .... .... .... .... .... .... .... .... .... .... PC RES0 NO. 2907 -3- '* :< - II e e ll PASSED, APPROVED, AND ADOPTED at a regular meeting of the '11 Commission of the City of Carlsbad, California, held on the 6. 2 3 September, 1989, by the following vote, to wit: AYES : Chairman Hall, Commissioners: Schlehuber, Schramm, 4 NOES : None. 5 Erwin, McFadden, Holmes & Marcus. 6 ABSENT: None. 7 ABSTA I N : None. 8 9 10 CARLSBAD PLANNING COMMISSION 11 12 ATTEST: 13 PLANNING DIRECTOR 14 15 16 17 18 19 20 21 22 23 24 25 11 26 27 PC RES0 NO. 2907 -4- 28