HomeMy WebLinkAbout1996-10-02; Planning Commission; Resolution 3952c 0 0
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PLANNING COMMISSION RESOLUTION NO. 3952
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A N
EXTENSION OF A CONDITIONAL USE PERMIT
EXTENSION TO ALLOW CONTINUED EXISTENCE OF TWO
POLE SIGNS ON PROPERTY GENERALLY LOCATED AT
5500 PASEO DEL NORTE IN CAR COUNTRY CARLSBAD IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: BOB BAKER VOLKSWAGEN
CASE NO.: CUP 243x1
WHEREAS, Bob Baker Volkswagen, Inc., “Developer” and “Ownex”’ has f
verified application with the City of Carlsbad regarding property described as
A portion of Lot 8, Carlsbad Tract 72-3, Map 7492 filed November 20,
1972.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension as shown on Exhibits “A” and “B”, dated March 27, 1985, on file i
Carlsbad Planning Department (Bob Baker Volkswagen, Inc., CUP 243) as provided b
conditions of approval for CUP 243 and Chapter 21.42 of the Carlsbad Municipal Code; an
WHEREAS, the Planning Commission did, on the 2nd day of October I
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to CUP 243x1; and
WHEREAS, on March 27,1985, the Planning Commission approved CUP
as described and conditioned in Planning Commission Resolution 2424.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 hearing, the Commi
APPROVES Conditional Use Permit Extension, CUP 243x1, based 01
following findings and subject to the following conditions:
Findings:
1. The findings contained in Planning Commission Resolution No. 2424 (CUP 243
included herein by reference.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit Exte
for the two pole signs project entitled “Bob Baker Volkswagen” (Exhibits “A” and
dated March 27, 1985) on file in the Planning Department and incorporated bj
reference, subject to the conditions herein set forth. Staff is authorized and directc
make or require the Developer to make all corrections and modifications to
Conditional Use Permit documents, as necessary, to make them internally consisten’
in conformity with final action on the project.
2. All of the conditions of approval contained in Planning Commission Resolution
2424 (CUP 243) are included herein by reference with the exception of Cond
No. 4, which is replaced by Condition No. 3 below.
3. This Conditional Use Permit is extended for a period of five (5) years from
expiration date until March 27, 2000. This Conditional Use Permit shall be revit
by the Planning Director on a yearly basis to determine if all conditions of this pc
have been met and that the use does not have a Substantial negative effect on surroun
properties or the public health and welfare. If the Planning Director determines tha
use has such Substantial negative effects, the Planning Director shall recommend tha
Planning Commission, after providing the permittee the opportunity to be heard,
additional conditions to reduce or eliminate the Substantial negative effects. This pe
may be revoked at any time after a public hearing, if it is found that the use h
Substantial detrimental effect on surrounding land uses and the public’s health
welfare, or the conditions imposed herein have not been met. This permit mq
extended for a reasonable period of time not to exceed five (5) years upon wr
application of the permittee made no less than 90 days prior to the expiration date.
Planning Commission may not grant such extension, unless it finds that there ar
Substantial negative effects on surrounding land uses or the public’s health and wel.
If a Substantial negative effect on surrounding land uses or the public’s health and we1
is found, the extension shall be denied or granted with conditions which will eliminar
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I PC RES0 NO. 3952 -2-
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substantially reduce such effects. There is no limit to the number of extensions whil
Planning Commission may grant.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 2nd day of October 1996, 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Monroy, Nielsen, 3
Savary and Welshons
NOES: None
ABSENT: Commissioner Heineman
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMIL~ER
Planning Director
PC RES0 NO. 3952 -3-