HomeMy WebLinkAbout1987-03-04; Planning Commission; Resolution 2645- // 0 0 I
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PLANNING COMMISSION RESOLUTION NO. 2645
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO OPERATE AN EVENING
COLLEGE IN THE PM ZONE ON PROPERTY GENERALLY
LOCATED AT 5411 AVENIDA ENCINAS.
APPLICANT: SEA POINTE DEVELOPERXS
CASE NO: CUP-299
WHEREAS, a verified application has been filed with the I
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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
Lo: /I WHEREAS, pursuant to the provisions of the Municipal Code,
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the Planning Commission did, on the 4th day of March, 1987, hold a
duly noticed public hearing to consider said application on
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heard, said Commission considered all factors relating to CUP-299. 18
testimony and arguments, if any, of all persons desiring to be 17'
WHEREAS, at said hearing, upon hearing and considering all 16
Diego County, December 9, 1983,
Parcel 1, in the City of Carlsbad, County of San Diego, State of California, as shown at Page 13051 of Parcel Maps, filed in the Office of the County Recorder of San
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(A) That the foregoing recitations are true and correct. 21
Commission of the City of Carlsbad as follows:
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(B) That based on .the evidence presented at the public hearing, the
Commission APPROVES CUP-299, based on the following findings and subject to the following conditions:
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Findings: I
1. The requested use is 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, for reasons stated in
the staff report, dated March 4, 1987.
2. The site for the intended use is adequate in size and shape to I
accommodate the use, for reasons stated in the staff report.
3 a All of the yards, setbacks, fences, landscaping and other features necessary to adjust the requested use to existing or
permitted future uses in the neighborhood, will be provided
for reasons stated in the staff report.
4. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, for reasons stated in the staff report.
5. This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on January 27, 1987, and approved by the Planning Commission on March 4, 1987.
Conditions :
1. Approval is granted for CUP-299, as shown on Exhibits "A" and "C", incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2. Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance.
3. This conditional use permit is granted for a period of three 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 surround ing properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse Fmpacts, 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 use has a significant detrimental affect on surrounding land uses
and the public's health and welfare, or the conditions imposed
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PC RES0 NO. 2645 -2-
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herein have not been met. This permit may be extended for a
reasonable period of time not to exceed three years upon written application of the permittee made not 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.
4. The applicant shall obtain a Coastal Permit from the
California Coastal Commission prior to holding any classes at the facility.
5. This conditional use permit is approved upon the expressed condition that classes shall begin after 5:30 p.m. on Monday through Friday. Saturday classes may be held before 5:30 p.m.
Engineering Conditions:
6. This project is approved upon the express condition that
building permits will not be issued for development of the subject property unless the City Engineer determines that sewer capacity is available at the time of application for such permits and will continue to be available until time of
occupancy.
7. If congestion, accidents or conflicts with other uses occur
within this project, adjustments shall be made, to the
satisfaction of the City Engineer, to provide adequate parking and safe circulation within the development.
8. Notice is hereby given that a ground water clean-up process is
underway south of this project (about 500 feet +). The San Diego County Air Pollution Control District hasapproved a
permit (with restrictions) to emit certain purgeable halocarbons at levels less than harmful to the surrounding community. If these levels should rise above those acceptable, this conditional use permit will be revoked.
Fire Conditions:
9. The CUP shall be approved, provided that hazardous occupancies, as defined by the Uniform Building Code, Chapter 9, do not operate in Building A, nor within 200 feet of Zuilding A.
10. The applicant shall post approved evacuation instructions and diagram at classroom exits (see Fire Prevention Bureau for
instructions). i PC RES0 NO. 2645 -3-
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11. Total classroom occupancy shall be limited to 49 people based on Fire and Building Codes.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 4th day of March, 1987, by the following vote, to wit:
AYES : Chairperson Marcus, Commissioners: McBane, Hall, Schramm, Holmes & Schlehuber.
NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN: None.
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Aw US, Chairperson PLANNING COMMISSION
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MICHAEL J.- HOLZMILLER PLANNING DIRECTOR &
PC RES0 NO. 2645 -4-