HomeMy WebLinkAbout1989-10-17; City Council; 10317; CUP Appeal Hoehn AcuraCT- OF CARLSBAD - AGENr- BILL i
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46#/0, TITLE: APPEAL OF CONDITIONAL USE PERMIT I
DEPT. HD..
MTG, 10/17/89 REQUIREMENT TO RELOCATE A SIGN IN CITY ATTY THE PUBLIC RIGHT-OF-WAY. 3EPT. PI-N QY- CUP 89-3 - HOEHN ACURA CITY MGRS-
RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the Council ADOPT
Resolution No. f$?y.?fl , UPHOLDING the Planning Commission decision
APPROVING CUP 89-3, including the condition to relocate the proposed sign.
ITEM EXPLANATION
The applicant is requesting relief from a condition approved by the Planning
Commission as a requirement of Conditional Use Permit 89-3 which allowed a second
freestanding sign on a single lot in Car Country. The subject sign is currently installed
at a location approximately 70 feet from the lot’s northern interior property line and
is immediately to the site’s northern driveway. The sign is a monument sign 8 feet
high and 10 feet long mounted on a concrete pedestal.
The project complies with the sign ordinance, Local Coastal Program, and growth
management with two exceptions which include:
1. The sign is located two feet within the public right-of-way;
2. The sign does not meet the sign ordinance requirement of being located 15 feet
from the driveway.
The Planning Commission voted unanimously to approve the project with the condition
that the sign be relocated to an approved location. This decision was based on the fact
that the sign should comply with City standards and should be located outside the right-
of-way. The applicant is requesting relief from the condition because of the cost and
effort involved in relocating the sign.
Both staff and the Planning Commission are recommending that the City deny the
appeal and uphold the decision of the Planning Commission to relocate the sign.
Should the City Council determine to approve the appeal and grant the applicant’s
request, the Council should direct the City Engineer to approve an above-ground
encroachment permit.
ENVIRONMENTALaREVIEW
The project is ministerial in nature and is therefore exempt from CEQA requirements.
Page 2 of Agenda Bill No. /< 311 I
FISCALaIMPACT
The applicant will be required to pay a sign permit fee.
EXHIBITS
1. City Council Resolution No. 89-371
2. Letter of Appeal
3. Planning Commission Minutes dated September 6, 1989
4. Planning Commission Staff Report dated September 6, 1989, w/attachments
RESOLUTION NO. 89-373
ION OF THE CITY COUNCIL OF THE CITY OF
, CALIFORNIA, DENYING AN APPEAL FOR
FROM A CONDITIONAL USE PERMIT REQUIREMENT
OCATE A SIGN.
on September 6, 1989 the Carlsbad Planning Commission
adopted Resolution No. 7 approving a Conditional Use Permit to allow a second
freestanding sign on a single 1
WHEREAS, the Ci
considered an appeal of the Planni to relocate the sign erected
without a permit; and
NOW, THEREFORE, BE
true and correct.
Commission in Resolution No. 2907
ference constitute the findings of
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
California, on the day of , 1989 by the following
\l ABSENT: “\
ATTEST:
ALETHA L. RAUTEN
(SEAL)
-2-
5556 PASEO DEL NORTE
CARLSBAD. CA 92008
619 . 438 . 9599
RECEIVEi;i Cl?- Cl "S OFFICE
* !34 . 1 ‘I 2: 25
CW OF CARLSBAD
September 11, 1989
City Council City of Carlsbad 1200 Elm Street
Carlsbad, Ca. 92008
Re: CUP 89-3
Dear Sirs:
On September 6, 1989 we were granted a conditional use
permit for our Acura monument sign with the condition that the sign be relocated.
We would like to appeal the condition that states the
sign must be moved.
Attached is our check #3091 in the amount of $450.00 to
cover the cost of the appeal.
iliz&& Business Manager
- MINU’&
September 6, 1989 PLANNING COMWSSION Page 2 COMMISSIONERS
Hall announced that CUP 88-12 var a noticed public and inquired if there was any person in the audience to speak to this item vho could not attend the on September 20. 1989. No person requested to speak,
and carried to continue Ervin Hall
Holmes Marcus McFadden
Schlehuber Schram
5) IoiJ OF THE PLANRINC CGUUISSION NOISE SUBCOI'8lI'lTRR WO~PROGMH
a 30 day continuance to the
noted that this vould
Commissioner tlcPadden counted that like to knov
vho the "large landovners” are vhich Rofman's letter mentions.
120, Carl&ad, addressed the CMission and
Comities.
Motion vas duly made, seconded, and carried to conti ue the Noise Subcmittee Report to October 4, 1989.
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PUBLIC RMuNcV8:
2) CUP 89-3 -HoRHNAcuRA- Request for approval of a
Conditional Use Permit for a freestanding sign at the Hoehn Acura Deelership, in Car Country at 5536 Paseo de1 Norte. in the C-2-Q Zone and in Local Facilities Management Zone 3.
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Gary Wayne, Principal Plsnner , reviewed the background of the
request and stated that the applicant is requesting approval of a Conditional Use Permit to allow a second freestanding sign (on a single lot) advertising the Acura dulership. T?M
sign is currently installed vithout a sign permit at a location approximetely 70 fut from the lot’s interior
boundary and is adjacent to the site’s northern driveway. Mr. Wayne stated that the sign is a monument sign 8 ft. high and 10 ft. long mounted on a cement pedestal. During review,
staff discovered that the sign is located approximately 2 ft, inside the City’s right-of-way on Paseo de1 Norte and the sign ordinance requires that the sign be placed 15 ft. from the driveway. Since the sign is already constructed, staff has ret ormanded that the sign be moved to colnply with that
requirmt . Otherwise the sign complies with the Local
Coastal Program. sign ordinance, and growth managemnt.
Ervin
Hall Holmes Marcus McFadden
Schlehuber Schrasm
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MINUTES
September 6, 1’989 PLANNING COKMISSION Page 3 co1
Staff recosxaendo approval with the condition that the sign be moved out of the right-of-way.
Cowissioner Erwin noted that some verbiage was missing on
Condition #5 of the resolution. Mr. Wayne passed out new copies of the resolution with the missing verbiage incorporated.
Consnissioner McFadden inquired if a local coastal permit (LCP) is required for signs in that vicinity. Mr. Wayne
replied that this parcel is located in the Hello II segment of the Local Coastal Program and that a coastal development permit would be required.
Commissioner HcFadden noted that the normal condition was missing which stated that approval is contingent on receipt
of a coastal permit. Mr. Wayne replied that a new Condition 119 could be added to the resolution which states that approval is contingent on the receipt of a coastal permit.
Commissioner Erwin suggested that Condition 111 is confusing because the exhibit refers to the existing location of the sign. Mr. Weyne concurred.
Chairman Hall opened the public testimny and issued the invitation to speak.
Gloria Laxson. 5566 Paseo de1 Norte. Carlsbad, representing
Hoehn Acura, addressed the CoPrnisrion and requested consideration to allow the sign to remain in its current location since it does not present a safety hazard. She feels that if it is moved it would cause confusion to
motorists and could impair traffic flow along Paseo de1 Norte. She feels that a smaller sign would then be needed to indicate the location of the service entrance.
Comissioner McFadden inquired how the sign ended up in the
right-of-vay. Ms. Laxson replied that an inlet was approved and built to permit a podertrian walkway.
Coranissioner Schlehuber requested more infolrution on the
safety problem if the sign is relocated to the south. HI. Laxson stated that there is a visibility problem and could be confusing since there would be no driveway where the sign would be located.
Coxsaisrionor Ervfn noted that the sign would only be moved 15
ft. Ms. Laxron replied the sign is currently located in an inlet which protects the sign from being hit by a vehicle, and there would be no drivauay at the nov location. Also, a pedostrfan could easily walk into the sign at the nmv
location and them is no other place to put the sign without allowing it to infringe on the parking lot.
There being no other persons desiring to address the Comiraion on this topic, Chainuan Hall declared the public testimony closed and opened the it- for discussion awng the Colllmirsion abers.
Cmiasionor Schlehuber feels that the sign mods to be moved as recoamended by staff. Conmissioners Ikladdm and Erwin concur.
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IISSIONERS % A- . % /
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MINUTES
Motion uas duly made. seconded, and carried to adopt
Resolution No. 2907 approving CUP 89-3 baaed on the findings and subject to the conditions contained therein, with the addition of Condition 119 to require a local coastal permit for the new site, and the rewording of Condition tl to add the vords “as modified by Condition 116" after the
reference to Exhibit A.
DISCUSSION ITENS:
DI 89-4 SUBSTANTIAL CONFORNkNCE DRTERNINATION FOR CT 83-k - MARLRGROUGH DRVELOPNENT CORPGRATION - Review
of olans modified to addrass Coastal Conrmission for substantial conformance with original approvals of the windsong Shores project.
, reviewed the background of the
d stated that DI 89-4 is a request by Marlborough to determine that their revised sits plan for CT
ssion may only consider those itams that ware
Using wall grap cs, Mr. Wayna showed where the area west of a required to ba opened up for greater
racmds approval.
Comisaioner Erwin inquired the square footage of the ramaining units
which ware lost. increased slightly becausa the otprint raufna very similar to the original project. unabla to determine
exactly hov much the unit size c unit plans for the City.
were incruaad to three-story.
access trail. tain the public
hoaaovner’s association.
would.
Coaaaiaaionar Schlahubar inquired about tha contra exargancy access. Hr. Wayne raplied that the accass issue has been satisfied by two 30 ft. mn east and west off Rarbor Drive and which connect existing street structure in the developawrt.
Chairman Hall opened the public testimony and issuad the invitation to speak.
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September 6, 1989 PLANNING COMNISSION Page B COMMISSIONERS
Erwin
Hall Holmes Marcus McFadden Schlehuber
Schramm
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At-fL-,l ATION COMPLETE DATE: br;
Auqust 14, 1989 \/
STAFF REPORT 0 2 c
DATE: SEPTEMBER 6, 1989
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 89-3 - HOEHN ACURA - Request for approval of a Conditional Use
Permit for a freestanding sign at the Hoehn Acura Dealership, in Car
Country at 5536 Paseo de1 Norte in the C-2-Q Zone and in Local
Facilities Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Resolution No. 2907 approving CUP 89-3 based
on the findings and subject to the conditions contained therein.
PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a Conditional Use Permit to allow a
freestanding sign advertising the Acura dealership. The proposed sign is the
second freestanding sign located on the subject site. The Hoehn lot contains
the Acura, Oldsmobile and Audi dealerships and is located at the southeastern
end of Car Country along Paseo de1 Norte. As a result of the construction of
Car Country Drive, the site is now a corner lot with a total of 217 feet of
building frontage on Paseo de1 Norte.
As shown on Exhibit "B", the proposed 30 square foot Acura sign is approximately
8 feet high and 10 feet long excluding its 3 foot wide base. The sign is
currently installed without a sign permit at a location approximately 70 feet
from the lot's interior boundary and is adjacent to the site's northern driveway.
The sign is mounted on a cement slab which required the removal of a portion of
the site's required landscaping within and behind the public right of way. The
proposed sign is located approximately 356 feet north of the other pole sign on
the site.
III. ANALYSIS
Plannins Issues
1. Can the findings required for approval of a conditional use permit be made? Specifically:
a. That the requested use is necessary or desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the general plan, and
is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be
located.
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8 CUP 89-3 HOEHN ACURA
September 6, 1989
Paoe 2
b. That the site for the intended use is adequate in size and
shape to accommodate the use.
C. That all of the yards, setbacks, walls, fences, landscaping,
and other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will be
provided and maintained.
d. That the street system serving the proposed use is adequate
to properly handle all traffic generated by the proposed use.
2. Does the proposed sign meet the sign requirements of Specific Plan
19 (A) & (B) and the Mello II segment of the Local Coastal Plan
(LCP)?
3. Does the proposed sign meet the regulations of Section 21.41 (Sign
Ordinance) of the Municipal Code?
4. Does the proposed project comply with the requirements of the Local
Facilities Management Plan for Zone 3?
DISCUSSION
Conditional Use Permit
The proposed project complies with all the findings required for a conditional
use permit. The use is desirable for the enhancement of the community because it would provide better identification of the Acura automobile dealership. The
size of the property is adequate in size and shape to accommodate the use since
the dealerships are already existing. The proposed use, as conditioned, will
have no impact on the existing setbacks. Landscaping will be required around
the sign's base. Finally the street system is adequate to serve the auto
dealership for which the sign is an accessory structure.
Specific Plan/Zoninq Requlations
Both Specific Plan 19 and Section 21.41.075 of the zoning ordinance allow more
than one freestanding sign on a C-2 lot with the approval of a conditional use
permit if the subject area is regulated by a Specific Plan. As required, an
additional sign must be compatible with the subject site as well as surrounding
development. It also must not create sight distance problems, block views, or
result in a proliferation of signs in the area. To ensure that these standards
are followed, the sign must adhere to eight conditions. With one exception,
these conditions have been met as follows:
1. The sign conforms to the City's and Coastal Commission's height limitation
for pole/monument signs. The 8 foot high Acura sign does not exceed the
City's 20 foot height limitation nor does it exceed the 8 foot maximum
height allowed by the LCP.
CUP 89-3 HOEHN ACUR,
September 6, 1989
Pase 3
2.
3.
4.
5.
6.
7.
The freestanding sign permitted by right for the subject site is located
at least 50 feet from the interior property line. The existing Oldsmobile
pole sign is located 435 feet from the interior property line and 53 feet
from the corner of Paseo de1 Norte and Car Country Drive.
The proposed sign is not erected within 200 feet of the other freestanding
sign on the subject property. The Acura sign is located 356 feet from the
existing Oldsmobile pole sign.
The proposed sign is oriented so that the primary view is not from
Interstate 5. Due to its limited height. the 8 foot Acura sign is
primarily visible from Paseo de1 Norte rather than the I-5 freeway.
The proposed sign does not exceed the allowed sign area. The Acura sign
area of 30 square feet does not exceed the maximum of 55 square feet.
At its current location, the proposed sign does n& comply with the
requirement that no portion of the sign extends over the public right-
of-way or is within fifteen feet of any driveway or corner. The Acura sign
encroaches 2 feet into the 12 foot public right-of-way and is located 31
inches from the site's northern driveway. It has been determined that the
sign does not interfere with the required Caltrans sight distance at its
existing location and therefore should not create a safety problem.
However, to comply with the required standards, the sign has been
conditioned to be moved back 2 feet to a point behind the public right-
of-way and to a point 15 feet south of the northern driveway. This
relocation will further reduce any sight distance problems from the
driveway.
As previously stated, the proposed sign location complies with spacing
requirements and does not cause a proliferation of signs, traffic, or
safety problems. The issue of proliferation of freestanding signs can be
better evaluated by referring to Exhibit "X". This graphic illustrates
the number of lots with dual pole/monument signs as well as their
approximate location. At least three of these existing signs appear to
be encroaching into the public right-of-way. Although the Specific Plan
indicates that additional freestanding signs are allowed with a CUP if more
than one dealership is located on a lot, the Ford dealership has 2
freestanding signs advertising a single dealership. There are only four
lots with a single freestanding sign. These 4 lots are located at the
northern end of Car Country. The pole signs on the two lots adjacent to
Cannon Road identify used car dealerships for Chevrolet and Toyota. Both
of these dealerships have additional freestanding signs on separate lots.
It appears that as more dealerships occur on a lot, more freestanding signs
will be requested. The Commission may want to consider the number of
freestanding signs appropriate for each property.
Local Facilities Manaqement Plan
The proposed project complies with the requirements of the Local Facilities
Management Plan for Zone 3. The Acura sign is an accessory to the existing car
dealership and creates no additional demand for public facilities within Zone
3.
, CUP 89-3 HOEHN ACUh
September 6, 1989
Paqe 4
SUMMARY
Overall, the proposed project as conditioned meets the requirements for a
Conditional Use Permit and complies with the requirements of the LCP, Specific
Plan 19 (A) & (B), the zoning ordinance, and the Local Facilities Management Plan
for Zone 3.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is categorically exempt
per Section 19.04.090.
ATTACHMENTS
::
3.
4.
I?
7.
8.
1::
Planning Commission Resolution No. 2907
Location Map
Background Data Sheet
Local Facilities Impacts Assessment Form
Exhibit "X"
Exhibit "Y"
Exhibit "Z"
Disclosure Form
Reduced Exhibit
Exhibit "A" dated September 6, 1989
AH:lh
July 21, 1989
AUTO CENTER
HOEHN - ACURA CUP 89-3
City of Carlsbad
BACKGROUND DATA SHEET
CASE NO: CUP 89-3 .
APPLICANT: HOEHN AUTOMOTIVE GROUP
REQUEST AND LOCATION: CONDITIONAL USE PERMIT FOR A FREESTANDING
SIGN.
LEGAL DESCRIPTION: LOT 9 OF CARLSBAD TRACT 72-3 - MAP 7492
APN: 211-060-06
Acres 3.28 Proposed No. of Lots/Units N/A
GENERAL PLAN AND ZONING
Land Use Designation C-2
Density Allowed N/A Density Proposed N/A
Existing Zone C-2 Proposed Zone N/A
Surrounding Zoning and Land Use:
Zoninq Land Use
Site c-2 RRE
North PU TS
South EA NRR
East EA NRR
West TC I-5
PUBLIC FACILITIES
School District N/A Water N/A Sewer N/A
EDU's N/A Public Facilities Fee Agreement, Date N/A
ENVIRONMENTAL IMPACT ASSESSMENT
X Notice of Exemption, issued Julv 21, 1989
E.I.R. Certified, dated
Other,
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMHN!F FORM (To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: HOEHN ACURA CUP 89-3
LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: RRE
ZONING: C-2
DEVELOPER'S NAME: HOEHN AUTOMOTIVE GROUP
ADDRESS: PO BOX 789 - 5556 PASEO DEL NORTE - CARLSBAD, CA
PHONE NO.: 438-9599 ASSESSOR'S PARCEL NO.: 211-060-06
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.28 AC.
ESTIMATED COMPLETION DATE: UPON APPROVAL
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities; Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Parks: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin (Identify master plan facilities on site plan)
Circulation: Demand in ADTs = (Identify Trip Distribution on site plan)
Fire; Served by Fire Station No. =
Open Space; Acreage Provided -
Schools; (Demands to be determined by staff) Sewer; Demand in EDUs -
Identify Sub Basin (Identify trunk line(s) impacted on site plan)
Water; Demand in GPD
N/A
N/A
N/A
N/A
= ---
N/A
N/A
N/A
N/A
N/A
- N/A
- N/A
CVUI~I-F .“.
.
FREE STANDING
SIGNS a .
c] Out of Right of Way
0 ln Right of Way
0 Proposed
0 1 Hoehn Oldsmobile / GM
0 2 Acura
q 3 F.S. Dodge
0 4 Worthington Dodge
0 S Chrysler / VW
q 6 Porsche
0 7 Mercedes
0 6 Su baru
0 9 Mitsubishi
0 10 Merkur
cl 11 Mercury / Lincoln
0 12 Daihatsu
cl 13 Toyota
cl 14 Rorick Buick
cl 16 Toyota Carlsbad Used Cars
cl 16 Weseloh Used Cars
0 17 Weseloh Chevrolet
0 18 Pontiac GMC / Truck
I3 19 Mazda
cl 20 A-l Dixon Ford
0 21 Ford
CANNON RDi
I f----
city of barkbad
EXHIBIT “Y”
EXISTING SlGNAGEi SIZE
(SQ. FT.)
WALL SIGNS
AUDI 35
USED CARS 18
ACURA 64.5
HOEHN MOTORS 7
POLE SIGNS
OLDSMOBILE 81
TOTAL EXISTING SIGNAGE:
PROPOSED POLE SIGN
ACURA
205.5
30
BUILDING FRONTAGE:
217’ x 1.5 sq.ft. = 325.5 sq.ft. Allowable Sign Area
235.5 sq.ft. Requested Sian Area
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Z 0 -I ,> ,a !Lll ,Z 2
88 cn W u 3 I- a W u
APPLICANT:
AGENT:
MEMBERS:
DISCLOSURE FORM
AUTOMOTIVE GROUP, INC.dba HOEHN ACURA
Name (individual, partnership, joint venture, corporation, syndication)
5556 Paseo De1 Norte, Carlsbad, Ca. 92008
Business Address
438-9599
Telephone Number
Gloria Laxson - Business Manager
Name
same as above
Business Address
Telephone Number
Robert A. Hoehn, President 13037 Via Latina, De1 Mar, Ca.
Name (individual, partner, joint Home Address
venture, corporation, syndication)
same as above
Business Address
418-9599 481-5395 \.
Telephone Number Telephone Number
T. Via Latina, De1 Mar, Ca.
Name Home Address
5454 Paseo De1 Norte, Carlsbad
Business Address
418-4454 %3- oqs.3
Telephone Number Telephone Number
(Attach more sheets if necessary)
I /We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
HOEHN AUTOMOTIVE GROUP, INC.
APPLICANT
(I I, f
I I
I
I I
I
(Form A)
TO:
FROM:
RE:
CITY CLERK’S OFFICE
Planning Department
PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CUP 89-S (HOEHN ACURA - APPEAL)
for a public hearing before the City Council.
Please notice the item for the council meeting of
10/17/89 .
Thank you.
Assistant City Man-
9128189
Date
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PLANNING COMMISSION RESOLUTION NO. 2907
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
DEALERSHIP FREESTANDING SIGN ON PROPERTY LOCATED AT 5556 PASEO DEL
NORTE. APPLICANT: HOEHN ACURA
CASE NO: CUP 89-3
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 6th day of September, 1989, hold a duly noticed public
hearing to consider said application on property described as:
Lot 9 of Carlsbad Tract No. 72-3, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No.
7492, filed in the office of the County Recorder of San Diego
County, November 30, 1972.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to CUP 89-3.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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
Commission APPROVES CUP 89-3, based on the following findings and subject
to the following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the development of
the community, is essentially in harmony with the various elements and
objectives of the general plan, and is not detrimental to existing uses
or to uses specifically permitted in the zone in which the proposed use
is to be located because: a) The use, as conditioned, complies with the
requirements of Section 21.41 of the Municipal Code as well as the
standards of SP 19 A & B. b) The proposed sign represents no apparent
conflict with the General Plan.
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2.
3.
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Conditions:
1. Approval is granted for CUP 89-3, as shown on Exhibit "A", dated
September 6, 1989, and incorporated by reference and on file in the
Planning Department and as modified by Condition 6. Development shall
occur substantially as shown unless otherwise noted in these conditions.
2. This project shall comply with all conditions and mitigation required by
the Zone 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 future amendments to the Plan made prior to the
issuance of building permits.
3. Approval of this request shall not excuse compliance with all sections
of the Zoning Ordinance and all other applicable City ordinances in
effect at time of building permit issuance.
4. This approval shall become null and void if a sign permit is not issued
for this project within one year from the date of project approval.
5. This conditional use permit is granted for a period of 10 years. This
conditional use permit shall be reviewed by the Planning Director on a
yearly basis to determine if all conditions of this permit have been met
and that the use does not have a significant detrimental impact on
surrounding properties or the public health and welfare. If the Planning
Director determines that the use has such significant adverse impacts,
the Planning Director shall recommend that the Planning Commission, after
providing the permittee the opportunity to be heard, add additional
conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a public hearing, if it is found that the
That the site for the intended use is adequate in size and shape to accommodate the use;
That all of the yards, setbacks, walls, fences, landscaping, and other
features necessary to adjust the requested use to existing or permitted
future uses in the neighborhood will be provided and maintained;
That the street system serving the proposed use is adequate to properly
handle all traffic generated by the proposed use, because construction
of a sign is considered an accessory use and will not contribute to
traffic generation.
The project is consistent with all City public facility policies and
ordinances since:
a) All necessary public improvements have been provided or will be
required as conditions of approval.
The proposed sign is consistent with Specific Plan 19 A b B which
regulates this area of Car Country.
PC RESO NO. 2907 -2-
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6.
7.
a.
9.
use has a significant detrimental affect on surrounding land uses and
the public's health and welfare, or the conditions imposed herein have
not been met. This permit may be extended for a reasonable period of
time not to exceed 5 years upon written application of the permittee made
no less than 90 days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no substantial adverse
affect on surrounding land uses or the public's health and welfare will
result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public's
health and welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is no limit to
the number of extensions the Planning Commission may grant.
The sign shall be moved to the east 2 feet to a point behind the public
right-of-way and to a point 15 feet south of the northern driveway within
60 days of this approval.
The area around the base of the sign shall be landscaped in accordance
with the approved Hoehn Acura landscape plan.
Because the sign was constructed without a permit, the sign permit fee
shall be doubled in accordance with Section 304(e)2 of the Uniform
Building Code.
Prior to issuance of building permit, applicant shall obtain a Coastal
Development Permit that substantially conforms with this approval.
. . . .
PC RESO NO. 2907 -3-
-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of
September, 1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Schramm,
Erwin, McFadden, Holmes & Marcus.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MATTHEW HALL, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 2907 -4-
NOTICE OF PUBLIC HEARING
APPEAL
CUP 89-3
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at
6:00 P.M., on Tuesday, October 17, 1989, to consider the appeal of a Planning Commission
condition which requires the relocation of a freestanding sign at the Hoehn Acura
Dealership on property generally located in Car Country, at 5536 Paseo De1 Norte, in
the C-2-Q Zone and in Local Facilities Management Zone 3 and more particularly
described as:
Lot 9 of Carlsbad Tract No. 72-3, in the City of Carlsbad,
County of San Diego, State of California, according to Map
No. 7492, filed in the Office of the County Recorder of
San Diego County, November 30, 1972.
If you have any questions regarding this matter, please call the Planning Department
at 438-1161.
If you challenge the Conditional Use Permit in court, you may be limited to raising
only those issues raised by you or someone else at the public hearing described in
this notice or in written correspondence delivered to the City of Carlsbad, City Clerk's
Office, at or prior to the public hearing.
APPELLANT: Hoehn Acura
PUBLISH: October 6, 1989 CARLSBAD CITY COUNCIL e
1200 ELM AVENUE
CARLSbAD, CALIFORNIA 92008
O/lice of fhe Cify Clerk
DATE: SeDtember 11. 1989
TELEPHONE
(619) 434-2808
TO: Bobbie Hoder - Planning Dept.
FROM: Karen Kundtz - Clerk's Office
RE: CUP 89-3 - Hoehn Acura
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
s parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
The appeal of the above matter should be scheduled for the City Council
Meeting of .
Signature Date
-
5556 PASEO DEL NORTE
CARLSBAD. CA 92008
619 . 438 . 9599
September 11, 1989
City Council City of Carlsbad 1200 Elm Street Carlsbad, Ca. 92008
Re: CUP 89-3
Dear Sirs:
On September 6, 1989 we were granted a conditional use
permit for our Acura monument sign with the condition
that the sign be relocated.
We would like to appeal the condition that states the
sign must be moved.
Attached is our check #3091 in the amount of $450.00 to
cover the cost of the appeal.
Sjncerely,
Business Manager
CITY OF CARLSBAD -
. 1200 ELM AVENUE CARLSBAD, CALIFMNIA 92008 -. 438.5821 i.. . . :: * : - ~ ,.,ll. ‘I’ *<
c
REC’D FROM /!) i;/,.q A.! $6.7 ((’ &+y;& DATE fi‘ I. /b/l / p [ i .)
ACCOUNT NO. DESCRIPTION AMOUNT
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I I
RECEIPT NO, <.? :::’ !“’ $ ,\; TOTAL
211-021-19
211-021-20
211-021-21
211-021-22
211-021-23
211-021-24
211-021-25 CARLTAS CO
211-021-26
211-060-02
211-060-07
211-060-08
211-060-09
211-060-10
co / [CHESTER AVENUE, STE 206 ENCINITAS, CA 92024
CARLTAS CO 4401 MNCHESTER AVENUE, STE 206 ENCINITAS, CA 92024
CARLTAS CO 4401 MANCHESTER AVENUE, STE 206
ENCINITAS, CA 92024
CARLTAS CO 4401 MANCHESTER AVENUE, STE 206
ENCINITAS, CA 92024 .J
PAUL ECKE SR & PAUL & MAGDALENA POINSETTIA FOUNDATION ECKE
P 0 BOX 607 / ENCINITAS, CA 92024
PAUL ECKE SR Ex PAUL & MAGDALENA POINSETTIA FOUNDATION ECKE
P 0 BOX 607 ENCINITAS, CA 92024
PAUL ECKE SR & PAUL & MAGDALENA POINSETTIA FOUNDATION ECKE
C/O CARPENTERS SOUTHERN CALIF A
520 S VIRGIL AVENUE
LOS ANGELES, CA 90020
4401 MANCHESTER AVENUE, STE 206
ENCINITAS, CA 92024
CARLTAS CO
4401 MANCHESTER AVENUE, STE 206
ENCINITAS, CA 92024
J AR0 PARTNERS (PTNRSP) I/
P 0 BOX 4549
CARLSAD, CA 92008
J VINCENT R DIXON /
5555 PASEO DEL NORTE
CARLSBAD, CA 92008
CITY OF CARLSBAD NO WILING ADDRESS FOR THIS OWNER
4 AMES B FINNEY JR A' 5445 PASEO DEL NORTE
CARLSBAD, CA 92008
J /
CHARLES JR & PATRICIA A WESELOH
1520 HUNSAKER STREET OCEANSIDE, CA 92054
,. .
600' RADIUS
ORDER NO.: 865937-M
211-060-12
211-060-13
211-060-14
211-060-15
211-060-16
211-060-17
211-060-18
211-060-19
210-090-17
210-090-18
210-090-23 ..-
210-090-24
1’ t/
LOUIS V JONES 5424 PASEO DEL NORTE CARLSBAD, CA 92008
#'RAY R WINTER & RUTH DEALY & DUANE WINTER - 12123 CANDY LANE
SARATOGA, CA 95070
A INDIVIDUAL QUITCLAIM DEED RECORDED JUNE 10, 1988 AS FILE ; NO. 88-278738 OF OFFICIAL RECORDS. DONALD D. SHARI', TRUSTOR (TRUSTEES OF THE AMENDED AND RESTA DONALD D. SHARP INTERVIVOS TRUST, DATED APRIL 27, 1987)
QUITCLAIM TO STEVEN MERRICK SHARP, AN UNDIVIDED SIX PERCENT (6%) INTERES
DONALD D SHARP C/O 5411 AVENIDA ENCINAS, SUITE 120 . ../' CARLSBAD, CA 92008
A INDIVIDUAL QUITCLAIM DEED RECORDED JUNE 10, 1988 AS FILE NO. 88-278736 OF OFFICIAL RECORDS. DONALD D. SHARP, TRUSTOR (TRUSTESS OF THE AMENDED AND RESTA
DONALD D. SHARP INTERVIVOS TRUST, DATED APRIL 27, 1987)
QTJITCLAIM(S) TO
STEVEN MERRICK SHARP, AN UNDIVIDED SIX PERCENT (6%) INTERES
DONALD D SHARP
C/O 5411 AVENIDA ENCINAS, SUITE 120 --- CALRBAD, CA 92008
LOUIS V JONES 5424 PASEO DEL NORTE A---
CARLSBAD, CA 92008
\/ROBERT E & MARILYN J TOWNSEND - 588 CAMINO DEL RIO N SAN DIEGO, CA 92108
LOUIS V JONES 5424 PASEO DEL NORTE
CARLSBAD, CA 92008
\j'HOEHN ASSOCIATES /
5566 PASEO DEL NORTE CARLSBAD, CA 92008
CITY OF CARLSBAD NO MAILING ADDRESS FOR THIS OWNER
TOPEKA & SANTA FE RAILWAY NO MAILING ADDRESS FOR THIS OWNER
,? Y & BARBARA E WINTER /
745 ROCKY ROAD
FULLERTON, CA 92631
RAY & BARBARA WINTER 1745 ROCKY ROAD FULLERTON, CA 92631
-
600' R&DIUS ,, URDER NO.: 865937-M
210-090-25
210-090-26
210-090-27
210-090-28
210-090-29
210-090-30
210-090-31
210-090-36
210-090-37
210-090-45
/ COLDWELL BANKER COMMERCIAL GROUP INC C/O GENERAL ACCTG 201 CONTINENTAL BLVD STE 204 EL SEGUNDO, CA 90245
JAMES & PAMELA HICKS & SALLY & JAMES WALDORF .--
2910 MANAGUA PLACE
CARLSBAD, CA 92008
ROBERT M & JULIE K A'!ERILL
piCHARLES J II & DIANE G MC NARY
JOHN & SANDRA E WHITE _. _.-
P 0 BOX 2066
RANCH0 SANTA FE, CA 92067
- CARLBAD BOAR0 OF REALTORS
5120 AVENIDA ENCINAS
CARLBAD, CA 92008
JOHN & MARGARET ORD
JOHN 6 GLENNA ANDERSON
P 0 BOX 1789
CARLBAD, CA 92008
I'
-'NATIONAL ASSN OF MUSIC MERCHANTS INC -/
5140 AVENIDA ENCINAS
CARLBAD, CA 92008
NATIONAL ASSN OF MUSIC MERCHANTS INC , 5140 AVENIDA ENCINAS CARLSBAD, CA 92008
CARLSBAD PACIFICA ASSOCIATES I 23046 AVENIDA DE LA CARLOTA LA GUNA HILLS, CA 92653
'/ CARLSBAD COMMERCIAL CENTER ASSN INC I C/O COLDWELL BANKER REMS P 0 BOX 919 CARLBAD, CA 92008
J SAN-GAL TRUST THE
PLETA TRUST THE
701 B STREET SAN DIEGO, CA 92101