HomeMy WebLinkAbout1990-09-19; Planning Commission; Resolution 3094.' * .r. 0 0
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PLANNING COMMISSION RESOLUTION NO. 3094
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB
CALIFORNIA, AFPROVING A FIVE AND ONE HALF YEAR EXTENSION 0:
CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW THE OPERATION 0
ON THE SOUTHEAST CORNER OF FARADAY AVENUE AND EL CAMINO RE
CASE NAME: FEDERAL EXPRESS
CASE NO: CUP 300x1
FEDERAL EXPRESS DRIVE-THRU KIOSK ON PROPERTY GENERALLY LOW
WHEREAS, a verified application has been filed with the City of Carlsbad and
the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Tit]
Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning (
did, on the 19th day of September, 1990, hold a duly noticed public hearing to cc
application on property described as:
Parcel C of Parcel Map No. 1703, portion of Lot B of Rancho Agua Hedionk
the County of San Diego, State of California, according to Map thereof No. I
WHEREAS, at said public hearing, upon hearing and considering all tesf
arguments, if any, of all persons desiring to be heard, said Commission considerec
relating to CUP 300x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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
CUP 300x1, based on the following findings and subject to the following COI
Findinzs:
1. That the requested use is necessary or desirable for the development of the
is essentially in harmony with the various elements and objectives of the gener
is not detrimental to eltisting uses or to uses specifically permitted in the zo:
the proposed use is to be located;
2. That the site for the intended use is adequate in size and shape to accommod
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3. That all of the yards, setbacks, walls, fences, landscaping, and other features r
adjust the requested use to existing or permitted future uses in the neighborh
provided and maintained;
4. That the street system serving the proposed use is adequate to properly hand
generated by the proposed use.
Conditions:
1. Approval is granted for CUP 300x1, as shown on Exhibits t'A"'C", dated Ap
incorporated herein by reference and on file in the Planning Department. D
shall remain substantially as shown unless otherwise noted in these conditio1
2. All landscaped areas shall be maintained in a healthy and thriving condition
weeds, trash, and debris.
3. Signage on the kiosk shall remain as shown on Exhibit "B", dated April 1,
monument signs along El Camino Real or Faraday Avenue shall be permitted
4. This conditional use pennit is extended for a period of five years, six and one 1
from the date of expiration or from April 1,1990 to September 19,1993. This
use permit shall be reviewed by the Planning Director on a yearly basis to detc
conditions of this permit have been met and that the use does not have a
detrimental impact on surrounding properties or the public health and weU
Planning Director determines that the use has such significant adverse ir
Planning Director shall recommend that the Planning Commission, after prl
permittee the opportunity to be heard, add additional conditions to mitigate the
adverse impacts. This permit may be revoked at any time after a public hea
found that the use has a significant detrimental affect on surrounding land u:
public's health and welfare, or the conditions imposed herein have not been
permit may be extended for a reasonable period of time not to exceed five ;
written application of the permittee made no less than 90 days prior to the
date. In granting such extension, the Planning Commission shall find that no
adverse affect on surrounding land uses or the public's health and welfare because of the continuation of the permitted use. If a substantial adversc surrounding land uses or the public's health and welfare is found, the extensi
considered as an original application for a conditional use permit. There is no
number of extensions the Planning Commission may grant.
5. CUP 300x1 is subject to all conditions of CUP 300, Planning Commission Res1
2658, dated May 20, 1987, incorporated herein by reference and on file in tl
Department except for Condition No. 6 which is replaced by Condition No. 4
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1 PC RES0 NO. 3094 -2- i
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning (
of the City of Carlsbad, California, held on the 19th day of September, 1990, by th
vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, En
and Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
ATTEST:
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
PC RES0 NO. 3094 -3-