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HomeMy WebLinkAbout1990-09-19; Planning Commission; Resolution 30957- t. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 3095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING AN EIGHT YEAR EXTENSIOI! A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERA1 OF A MODULAR BUILDING ON PROPERTY GENERALLY LOCATED THE NORTHEAST CORNER OF ELM AVENUE AND PI0 PIC0 DRIVE CASE NAME: CITY OF CARLSBAD CASE NO: CUP 248x1 WHEREAS, a vedfied application has ‘been filed with the City of C; referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, tl Commission did, on the 19th day of September, 1990, hold a duly noticed pu to consider said application on property described as: A portion of Tract 117 of Carlsbad Lands according to Map No. 1661 March 1, 1915, County of San Diego, State of California, WHEREAS, at said public hearing, upon hearing and considering all te: arguments, if any, of all persons desiring to be heard, said Commission cc factors relating to CUP 248x1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn 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 APPROVES CUP 248x1, based on the following findings and su. following conditions: FhdiIlS: 1. That the requested use is necessary or desirable for the develop: community, is essentially in harmony with the various elements and the general plan, and is not detrimental to existing uses or to use: permitted in the zone in which the proposed use is to be located. Ir 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the site for the intended use is adequate in size and shape to a( the use. 3. That all of the yards, setbacks, walls, fences, landscaping, and ot necessary to adjust the requested use to existing or permitted futurc neighborhood will be provided and maintained. 4. That the street system serving the proposed use is adequate to proper traffic generated by the proposed use. Conditions: 1. Approval is granted for CUP 248x1, as shown on Exhibits "A" - June 20, 1984, incorporated herein by reference and on file in t Department. Development shall remain substantially as shown unle noted in these conditions. 2. CUP 248x1 is subject to all conditions of CUP 248, Planning Resolution No. 2322, incorporated herein by ref'ence and on file in Department except for Condition No. 9 which is replaced by Conc below- 3. Approval of this request shall not excuse compliance with all sec Zoning Ordinance and all other applicable City ordinances in effec building permit issuance. 4. Water shall be provided to this project pursuant to the Water Servic between the City of Carlsbad and the Costa Real Water District, da 1983. 5. All landscaped areas shall be maintained in a healthy and thriving cc from weeds, trash, and debris. 6. All roof appurtenances, including air conditioners, shall be ar integrated and shielded from view and the sound buffered from adjace and streets, pursuant to Building Department Policy No. 80-6, to thr of the Planning Director. .... .... .... .... PC RES0 NO. 3095 -2- >r 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 7. This conditional use permit is extended for a period of five years from this resolution or eight years, two months from the date of expir; conditional we permit shall be reviewed by the Planning Director on a to determine if all conditions of this permit have been met and that t not have a significant detrimental impact on surrounding properties c health and welfare. If the Planning Director determines that the u significant adverse impacts, the manager shall recommend that tl Commission, after providing the permittee the opportunity to be additional conditions to mitigate the significant adverse impacts. maybe revoked at any time after a public hearing, if it is found that a significant detrimental affect on surrounding land uses and the pu and welfare, or the conditions imposed herein have not been met. may be extended for a reasonable period of time not to exceed five written application of the permittee made not less than 90 days 1 expiration date. In granting such extension, the Planning Commissic that no substantial adverse affect on surrounding land uses or the pu and welfare will result because of the continuation of the permitte substantial adverse affect on surrounding land uses or the public’s welfare is found, the extension shall be considered as an original ap: a conditional use permit. There is no limit to the number of ex1 Planning Commission may grant. Enpjneerinn Conditions: 8. The developer shall comply with all the rules, regulations and design r of the respective sewer and water agencies regarding services to the 9. All private driveways shall be kept clear of parked vehicles at all timl have posted “NO ParkinUFire Lane Tow Away Zone” pursuant 17.04.040, Carlsbad Municipal Code. ,111 .... .... .... .... .... .... .... PC RES0 NO. 3095 -3- v* * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 86 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 19th day of Septem by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Holn Marcus and Hall. NOES: None. ABSENT: Commissioner McFadden. ABSTAIN: None. SHARON SCHRAMM, Chairperson . CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3095 -4-