HomeMy WebLinkAbout1981-05-27; Planning Commission; Resolution 1807r ll e e
1 PLANNING COMMISSION RESOLUTION NO. 1807
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMI'
PROPERTY GENERALLY LOCATED IN THE WEST BLUFF PLAZA
PARKING LOT NEAR THE CORNER OF DOVE LANE AND EL CAMINO
REAL.
APPLICANT: FOTOMAT CORPORATION
CASE NO: CUP-201
FOR A DRIVE-THRU FILM PROCESSING AND SALES FACILITY ON
I( WHEREAS, a verified application has been filed with 1 7
//City of Carlsbad and referred to the Planning Commission; and
8 /I WHEREAS, said verified application constitutes a requc
9 IF rovided by Title 21 of the Carlsbad Municipal Code; and 10 I1 WHEREAS, pursuant to the provisions of the Municipal ( 11
the Planning Commission did, on the 27th day of May, 1981, holc
duly noticed Public Hearing to consider said application on prc
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Irescribed as :
All that portion of the West Half of the Northeast QUE
of Section 26, Township 12 South, Range 4 West, San
Bernardino Meridian, in the County of San Diego, State
California.
17 WHEREAS, at said hearing, upon hearing and considerinc
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Isaid Commission considered all factors relating to CUP-201. 19
testimony and arguments, if any, of all persons desiring to be
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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(B) That based on the evidence presented at the public hearing, 23
(A) That the foregoing recitations are true and correct. 22
Commission of the City of Carlsbad as follows:
Commission APPROVES CUP-201, based on the following and SUI 24 to the following conditions:
25 Findings
26 1) That the proposed use is necessary and desirable for the
development of the community, is essentially in harmony wj
not detrimental to existing uses or to uses specifically
27 the various elements and objectives of the General Plan, 1
28 permitted in this zone.
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2) That the subject property is adequate in size and shape tc
accommodate the proposed use.
3) All of the yards, setbacks , walls, fences, landscaping ani other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood wil provided and maintained.
4) The street system serving the subject property is adequatc
properly handle all traffic generated by the proposed use,
5) Based on an initial study of the project, including a fie1
investigation of the site, the Planning Director has deter
that the proposed project will not result in any significa
environmental impacts, and therefore has issued a Negative
Declaration on May 14, 1981 which was approved by the Plan
Commission on May 27, 1981.
10 6) The applicant has agreed, and is required by the inclusior!
an appropriate condition to pay a public facilities fee.
this body to find that public facilities will be available
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concurrent with need as required by the General Plan. 12
Performance of that contract and payment of the fee will e
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General Conditions: 14
Conditions:
1) Approval is granted for CUP-201, as shown on Exhibit(s) A, 15
and C, dated March 24, 1981, incorporated by reference and 16 file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these 17 conditions.
18 2) All conditions of approval of Resolution No. 1806 for SDP
1(D) are applicable to this CUP, incorporated herein by 19 I reference, and shall be strictly adhered to. I 20 3)
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This project is approved upon the express condition that tl
applicant shall pay a public facilities fee as required by
Council Policy No. 17, dated August 29, 1979, on file wit:
City Clerk and incorporated herein by reference, and actor(
to the agreement executed by the applicant for payment of :
fee a copy of that agreement dated March 18, 1981, is on f;
with the City Clerk and incorporated herein by reference. said fee is not paid as promised, this application will not
consistent with the General Plan and approval for this pro:
shall be void.
This conditional use permit is granted for a period of fivc
years. This conditional use permit shall be reviewed by tE
Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use dc
not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planni Director determines that the use has such significant adver
PC RES0 #1807 -2-
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impacts, the director shall recommend that the Planning
Commission, after providing the permittee the opportunity
heard, add additional conditions to mitigate the signific
adverse impacts. This permit may be revoked at any time a public hearing, if it is found that the use has a signi
detrimental affect on surrounding land uses and the publit
health and welfare or the conditions imposed herein have 1 been met. This permit may be extended for a reasonable pl
of time not to exceed five years upon written application
the permittee made not less than 90 days prior to the
expiration date. In granting such extension, the Plannint
Commission shall find that no substantial adverse affect 1
surrounding land uses the public's health and welfare wil
result because of the continuation of the permitted use.
substantial adverse affect on surrounding land uses or th,
public's health and welfare is found, the extension shall
considered as an original application for a conditional u:
permit. There is no limit to the number of extensions the
Planning Commission may grant.
I.1 Ii PASSED, APPROVED AND ADOPTED at a regular meeting of the
l2l1Planning Commission of the city of Carlsbad, California, held (
13!127th day of May, 1981, by the following vote, to wit:
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AYES: Chairman Marcus, Commissioners, Rombotis, Friestedl
NOES: None. L'Heureux, Farrow, Jose, and Schlehuber.
l6 11 ABSENT: None.
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ABSTAIN : None.
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21 ATTEST :
yh "- L
v MARY MA+$US, Chairman
CARLSBY7
PLANNING COMMIZ
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