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HomeMy WebLinkAbout1992-05-06; Planning Commission; Resolution 3372, I1 e 0 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3372 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO A CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY STORAGE OF NEW CARS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF CAR COUNTRY DRIVE BETWEEN CANNON ROAD AND PASEO DEL NORTE. CASE NAME: HOEHN TEMPORARY AUTO STORAGE YEAR AND FOUR AND ONE-HALF MONTHS EXTENSION TO CASE NO: CUP 89-4x2 WHEREAS, a verified application has been filed with the City of Carlsbac and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided b Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin; Commission did, on the 6th day of May, 1992, hold a duly noticed public hearing tc consider said application on property described as: Lot 8 of Carlsbad Tract 87-3, City of Carlsbad, County of San Diego, State of California, WHEREAS, at said public hearing, upon hearing and considering a testimony and arguments, if any, of all persons desiring to be heard, said Commissio considered all factors relating to CUP 89-4x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio 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 hearing, the Plannin Commission APPROVES CUP 89-4x2, based on the following findings and subjec to the following conditions: .... .... 1 2 3 4 5 6 e 0 FiIldill!ZS: 1. That the requested use is necessary or desirable for the development of th community, as it provides needed auto storage, is essentially in harmony with th various elements and objectives of the general plan, as it compensates a shortag of onsite dealership parking and is not detrimental to existing uses or to use is only temporary and compatible with other auto uses. specifically permitted in the zone in which the proposed use is to be located, as 2. That the site for the intended use is adequate in size and shape to accommodal the use, as all features can be accommodated within the property hes. 7 3. That all of the yards, setbacks, walls, fences, landscaping, and other featurt 8 provided, as well as compacted gravel to eliminate dust. 9 necessary to adjust the requested use to existing or permitted future uses in tl: neighborhood will be provided and maintained as perimeter landscaping lo 11 4. That the street system serving the proposed use is adequate to properly handle E traffic generated by the proposed use, as Car Country Drive is a fully improw 12 street. conditions of approval. 13 5. All necessary public improvements have been provided or will be required : 14 15 16 17 6. The applicant is by condition, required to pay any increase in public facility fe or new construction tax, or development fees, and has agreed to abide by ar additional requirements established by a Local Facilities Management Pk prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This w ensure continued availability of public facilities and will mitigate any cumulati- impacts created by the project. 18 7. This project is consistent with the City's Growth Management Ordinance as it h 19 been conditioned to comply with any requirement approved as part of the LOC Facilities Management Plan for Zone 3. 20 21 8. A Notice of Ekemption, dated February 27,1992, has been issued by the Planni Director per Secbon 15301 of the California hvironmentd Qu&@ Act. 22 9. Unless otherwise specified within this resolution, all conditions of approval of c1 23 894 and CUP 894x1 have been found to be adequate and have been incoprat into this resolution so that this resolution contains all the findings and conditio 24 of approval for this Conditional Use Permit Extension. 25 26 .... .... 2711 .... 28 PC RES0 NO. 3372 -2- 0 0 Conditions: 1 1. Approval is granted for CUP 89-4x2, as shown on Exhibit "A", dated July 5, 1989, 2 incorporated by reference and on file in the Planning Department. Developmenl 3 4 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy 0: the site plan as approved by the Planning Commission. The site plan shall reflec City Engineer and approved prior to building, grading, final map, or improvemen shall occur substantially as shown unless otherwise noted in these conditions. 5 the conditions of approval by the City. The plan copy shall be submitted to thf 6 7 plan submittal, whichever occurs first. 3. This project shall comply with all conditions and mitigation required by the Zonc 8 3 Local Facilities Management Plan approved by the City Council on May 19 1987, incorporated herein and on file in the Planning Department and any futurc 9 amendments to the Plan made prior to the issuance of building permits. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. The conditions of Planning Commission Resolution No. 2884 for CUP 894, datec July 5, 1989, and Planning Commission Resolution No. 3177 for CUP 894x1 dated December 19, 1990, on file in the Planning Department, are incorporatec herein except for Condition Nos. 4 and 3 of Planning Commission Resolution Nos 2884 and 3177, respectively, which shall be replaced by Condition No. 5 below Condition No. 2 of Planning Commission Resolution No. 3177 and condition Na 14 of Planning Commission Resolution 2884 shall not be incorporated into thi resolution. 5. This conditional use permit is granted for a period of two years and four and one half months or from December 18, 1991 to May 6, 1994. This conditional us( pennit shall be reviewed by the Planning Director on a yearly basis to determinc if all conditions of this permit have been met and that the use does not have i significant detrimental impact on surrounding properties or the public health anc welfare. If the Planning Director determines that the use has such significan adverse impacts, the Planning Director shall recommend that the Plannin, Commission, after providing the permittee the opportunity to be heard, ad1 additional conditions to mitigate the significant adverse impacts. This permit ma be revoked at any time after a public hearing, if it is found that the use has significant detrimental affect on surrounding land uses and the public's health an welfare, or the conditions imposed herein have not been met. This permit may b extended for a reasonable period of time not to exceed one year upon writte: application of the permittee made no less than 90 days prior to the expiratio: date. In granting such extension, the Planning Commission shall find that n substantial adverse affect on surrounding land uses or the public's health an welfare will result because of the continuation of the permitted use. If II substantial adverse affect on surrounding land uses or the public's health an 26 27 welfare is found, the extension shall be considered as an original application fc a conditional use permit. There is no limit to the number of extensions th Planning Commission may grant. 28 I! 1) PC RES0 NO. 3372 -3- I1 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 6. Prior to the placement of automobiles on the subject site, the applicant shall haw a soil test performed for the front yard setback area. Based on th( recommendations of the soil test, if any, appropriate soil treatment measures shal be taken to ensure the growth of the proposed ground cover planting. The pun( cover type must be reviewed and approved by the Planning Director. In addition the boxed trees along the front of the project must be of a size and species to b( adequately screen the project to the satisfaction of the Planning Director. 7. All landscaped areas shall be maintained in a healthy and thriving condition, fre from weeds, trash, and debris. 8. No oils, greases, chemicals, hazardous materials and substances or other waste or waste material which are detrimental to health, safety or the environment sha be stored, used or disposed of on this site. 9. No sales activity of any type shall take place on this site. Cars stored on this lc shall not have signs or sales stickers on them. 10. Only new cars may be stored on this lot. Employees shall not be allowed to par their vehicles on this site. 11. No work shall be done on any of the vehicles stored on this lot, this includt washing and waxing. 12. Class two gravel shall be used for this parkjng area. Additional area may b utilized for the storage of vehicles to make up the sideyard landscaping. 13. A ten foot wide landscaped strip shall be planted along each side of the prop* Boxed trees shall be located along the westerly property line to provide addition screening. Prior to the storage of any vehicles on this site a detailed landscape an irrigation plan shall be reviewed and approved by the Planning Director. A landscaping and irrigation shall be installed prior to the storage of any vehicles 0 this site. Fire Conditions: 14, Proposed security gate systems shall be provided with "Knox" key operated loc: as specified by the Fire Department. .... .... .... .... .... j/ PC RES0 NO. 3372 -4- ll * e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj Commission of the City of Carlsbad, California, held on the 6th day of May, 1992, by tht 1 2 3 4 5 6 7 following vote, to wit: AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. I 8 I/ ABSTAIN: None. 9 10 11 12 13 ATTEST: %- e TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 14 15 16 17 W u MICHAEL J. HOLZMILLER PLANNING DIRECTOR 18 19 2o I 21 22 23 24 25 26 27 28 PC RES0 NO. 3372 .5 -