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HomeMy WebLinkAbout1991-08-21; Planning Commission; Resolution 32860 e PLANNING COMMISSION RESOLUTION NO. 3286 1 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION AND OPERATION OF A 5000 SQUARE FOOT AUTOMATIC RACQUETBALL FACILITY ON PROPERTY GENERALLY LOCATED AT 2774 LOKER AVENUE WEST. CASE NAME: PAY N PLAY RACQUETBALL CASE NO: CUP 91-1 6 7 8 9 WHEREAS, a verified application has been filed with the City of Carlsbac and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided bJ 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Title 21 of the Carlsbad Municipal Code; and 12 13 Commission did, on the 21st day of August, 1991, hold a duly noticed public hearing tc consider said application on property described as: 14 15 Lots 10 - 13 of Carlsbad Tract No. 74-21 in ,the City of Carlsbad, County of San Diego, State of California. I 16 17 WHEREAS, at said public hearing, upon hearing and considering all 18 testimony and arguments, if any, of all persons desiring to be heard, said Commissior considered all factors relating to CUP 91-1. 19 20 21 of the City of Carlsbad as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 22 A) That the foregoing recitations are true and correct. 23 24 B) That based on the evidence presented at the public hearing, the Commissior APPROVES CUP 91-1, based on the following findings and subject to tht 26 .... 25 following conditions: 27 28 0 e 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 Findinm: 1. That the requested use is necessary or desirable for the development of tE community, is essentially in harmony with the various elements and objectives ( the general plan, and is not detrimental to existing uses or to uses specifical: permitted in the zone in which the proposed use is to be located because : provides for needed active recreational areas in the industrial zone while nc requiring any alterations to the existing development; 2. That the site for the intended use is adequate in size and shape to accommodat the use since no external improvements are required; 3. That all of the yards, setbacks, walls, fences, landscaping, and other feature necessary to adjust the requested use to existing or permitted future uses in th neighborhood will be provided and maintained as all existing conformin, improvements are remaining and are sufficient to fit the use within th development; 4. That the street system serving the proposed use is adequate to properly handle a: traffic generated by the proposed use since Loker Avenue West can accommodat the 160 average daily trips generated by the project. Conditions: 1. Approval is granted for CUP 91-1, as shown on Exhibit(s) "A" - "M", date( August 21 , 1991, incorporated by reference and on file in the Planninl Department. Development shall occur substantially as shown unless otherwisl noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy o the Site Plan as approved by the Planning Commission. The Site Plan shall reflec the conditions of approval by the City. The Plan copy shall be submitted to thl City Engineer prior to building, grading or improvement plan submittal, whicheve occurs first. 3. This project shall comply with all conditions and mitigation measures which ma; be required as part of the Zone 5 Local Facilities Management Plan and an; amendments made to that Plan prior to the issuance of building permits. 4. Approval of this request shall not excuse compliance with all sections of tht Zoning Ordinance and all other applicable City ordinances in effect at time o building permit issuance. 5. Approval of CUP 91-1 is granted subject to the approval of PIP 86-2(A). .... PC RES0 NO. 3286 -2- ll a e 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 6. This conditional use permit is granted for a period of 5 years. This conditional us permit shall be reviewed by the Planning Director on a yearly basis to determig if all conditions of this permit have been met and that the use does not have significant detrimental impact on surrounding properties or the public health an welfare. If the Planning Director determines that the use has such significaI adverse impacts, the Planning Director shall recommend that the Plannin, Commission, after providing the permittee the opportunity to be heard, ad' additional conditions to mitigate the significant adverse impacts. This permit ma be revoked at any time after a public hearing, if it is found that the use has significant detrimental affect on surrounding land uses and the public's health an welfare, or the conditions imposed herein have not been met. This permit may b extended for a reasonable period of time not to exceed 5 years upon writte application of the permittee made no less than 90 days prior to the expiratio date. In granting such extension, the Planning Commission shall find that n substantial adverse affect on surrounding land uses or the public's health anc welfare will result because of the continuation of the permitted use. If i substantial adverse affect on surrounding land uses or the public's health anc welfare is found, the extension shall be considered as an original application fo a conditional use permit. There is no limit to the number of extensions thc Planning Commission may grant. 7. All roof appurtenances, including air conditioners, shall be architectural! integrated and concealed from view and the sound buffered from adjacen properties and streets, in substance as provided in Building Department Policy No 80-6, to the satisfaction of the Directors of Planning and Building. 8. No outdoor storage of material shall occur onsite unless required by the Fire Chief In such instance a storage plan will be submitted for approval by the Fire Chiel and the Planning Director. 9. All landscaped areas shall be maintained in a healthy and thriving condition, fret from weeds, trash, and debris. 10. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 11. AU building permit applications for tenant improvements within any building on the site as shown on Exhibit "B", dated August 21,1991 shall be accompanied with a parking assessment showing the restrictions required by this resolution are being met. PC RES0 NO. 3286 -3- I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'1 18 19 20 21 22 23 24 25 26 27 28 12. The proposed plans shall be revised prior to the issuance of building permits tc assign 16 spaces to the racketball use (4 spaces per count). PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninl Commission of the City of Carlsbad, California, held on the 21st day of August, 1991, b! the following vote, to wit: AYES: Vice-chairman Erwin, Commissioners Schramm, Savary 8 Noble. NOES: Commissioners Hall & Schlehuber. ABSENT: Commissioner Holmes. ABSTAIN: None. ATTEST: 'La C' <>vu,- "- .- ." b TOM ERWIN, Vice-chairman CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR I PC RES0 NO. 3286 -4- I