HomeMy WebLinkAbout1990-07-09; Planning Commission; Resolution 3061P 3 0 e
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PLANNING COMMISSION RESOLUTION NO. 3061
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
EXTENSION OF A CONDITIONAL USE PERMIT ALLOWING
A COMMUNITY PARK ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF TAMARACK AVENUE
AND ELM AVENUE.
CASE NAME: CITY OF CARLSBAD
CASE NO: CUP 266(A)x1
WHEREAS, a verified application has been filed with the City c
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as PI
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, th
Commission did, on the 9th day of July, 1990, hold a duly noticed public
consider said application on property described as:
Portions of Lots "D", "E", and "1' of Rancho Agua Hedionda
according to Map No. 823 filed November 16, 1896.
WHEREAS, at said public hearing, upon hearing and cons
testimony and arguments, if any, of all persons desiring to be heard, said C
considered all factors relating to CUP 266(A)x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C
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 C
APPROVE CUP 266(A)x1, based on the following findings and sub
following conditions:
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Findings!
1. That the requested use continues to be necessary or desirable for the de
of the community, is essentially in harmony with the various eler
objectives of the general plan, and is not detrimental to existing uses
specifically permitted in the zone in which the proposed use is to be 1(
2. That the site for the intended use continues to be adequate in size an1
accommodate the use;
3. That all of the yards, setbacks, walls, fences, landscaping, and othr
necessary to adjust the requested use to existing or permitted future I
neighborhood will be provided and maintained.
4. That the street system serving the proposed use is adequate to properly
traffic generated by the proposed use.
Conditions:
1. All conditions of approval imposed upon CUP 266(A) as stated ir
Commission Resolution 2444 shall apply as conditions of approva
266(A)x1.
2. This conditional use permit is extended for a period of ten (10) years
on May 22,1990 and expiring on May 22,2000 unless subsequent extr
approved. This conditional use permit shall be reviewed by the Plannir
on a yearly basis to determine if all conditions of this permit have bee
that the use does not have a significant detrimental impact on SI
properties or the public health and welfare. If the Planning Director (
that the use has such significant adverse impacts, the Planning Dir
recommend that the Planning Commission, after providing the per
adverse impacts. This permit may be revoked at any time after a pub1
if it is found that the use has a significant detrimental affect on surrou
uses and the public’s health and welfare, or the conditions imposed h
not been met. This permit may be extended for a reasonable period (
to exceed five (5) years upon written application of the permittee m:
than 90 days prior to the expiration date. In granting such extension, tE
Commission shall find that no substantial adverse affect on surroundin
or the public’s health and welfare will result because of the continua
permitted use. If a substantial adverse affect on surrounding land I
public’s health and welfare is found, the extension shall be considc
original application for a conditional use permit. There is no limit to t
of extensions the Planning Commission may grant.
opportunity to be heard, add additional conditions to mitigate the
PC RES0 NO. 3061 -2-
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2 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of tht
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4 following vote, to wit:
Commission of the City of Carlsbad, California, held on the 9th day of J~Y, 19
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AYES: Chairperson Schramm, Commissioners: Schlehubel
McFadden, Erwin, Marcus and Hall.
'I NOES: None.
8 ABSENT: None.
9 ABSTAIN: None.
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12 SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSIO 13
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I.7 PLANNING DIRECTOR
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ATTEST:
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il' ' : '\, i \,: r. ,/
I, !J,(,.f ,:., ',/,:,hi..:!\* 8 ~ fd:;: .,':,(;<, i-:"."
.. , .I :
MICHAEL J. H~LZMILLER
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27 PC RES0 NO. 3061 -3-
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