HomeMy WebLinkAbout1991-09-04; Planning Commission; Resolution 3288!I e 0
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PLANNING COMMISSION RESOLUTION NO. 3288
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE EXTENSION OF A
CONDITIONAL USE PERMIT TO ALLOW CHAPMAN EVENING COLLEGE
ON PROPERTY GENERALLY LOCATED AT 5411 AVENIDA ENCINAS,
SUITE 220.
CASE NAME: CHAPMAN COLLEGE
CASE NO: CUP 299x1
WHEREAS, a verified application has been filed with the City of Carlsbad anc
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planninj
Commission did, on the 4th day of September, 1991, hold a duly noticed public hearinj
to consider said application on property described as:
Parcel 1, in the City of Carlsbad, County of San Diego, as shown on Page
1305 1 of Parcel Map filed in the office of the County Recorder of San Diego
County, December 9, 1983.
WHEREAS, at said public hearing, upon hearing and considering all testimony an(
arguments, if any, of all persons desiring to be heard, said Commission considered al
factors relating to CUP 299x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of thl
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 Commissio
APPROVES CUP 299x1, based on the following findings and subject to th
following conditions:
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FindingS:
1. That the requested use is necessary or desirable for the development of tl
community, is essentially in harmony with the various elements and objectives I
the general plan, and is not detrimental to existing uses or to uses specifical
permitted in the zone in which the proposed use is located;
2. The site is adequate in size and shape to accommodate the evening college whi
utilizes an existing office building and requires no physical changes to the site c
structure.
3. That all of the yards, setbacks, walls, fences, landscaping, and other featurc
I necessary to adjust the requested use to existing or permitted future uses in tk neighborhood have been provided and will be maintained; and
4. That the street system serving the proposed use is adequate to properly handle a
traffic generated by the proposed use.
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Conditions:
1. All conditions of approval imposed upon CUP 299 as stated in Plannin
Commission Resolution 2645 shall apply as Conditions of approval for CUP 29%
except as amended by Condition Nos. 2 and 4 below;
2. This conditional use permit is extended for a period of 4 1/2 years from the datl
of expiration or from March 4,1990 through September 4,1994. This conditiona
use permit shall be reviewed by the Planning Director on a yearly basis tc
determine if all conditions of this permit have been met and that the use does no
have a significant detrimental impact on surrounding properties or the publi
health and welfare. If the Planning Director determines that the use has sucl
significant adverse impacts, the Planning Director shall recommend that th
Planning Commission, after providing the permittee the opportunity to be heard
add additional conditions to mitigate the significant adverse impacts. This permi
may be revoked at any time after a public hearing, if it is found that the use ha:
a significant detrimental affect on surrounding land uses and the public’s healtl
and welfare, or the conditions imposed herein have not been met. This permi
may be extended for a reasonable period of time not to exceed 3 years up01
written application of the permittee made no less than 90 days prior to thc
that no substantial adverse affect on surrounding land uses or the public’s healtk
and welfare will result because of the continuation of the permitted use. If 2
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 fol
a conditional use permit. There is no limit to the number of extensions tht
Planning Commission may grant.
expiration date. In granting such extension, the Planning Commission shall hi
PC RES0 NO. 3288 -2-
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3. If the property owner/owners’ address changes from that which is shown on the
1 conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days. 2
3 4. Classes shall be held between 5:30 p.m. and 11:OO p.m., Monday through Friday,
and between 8:OO a.m. and 5:30 p.m. on Saturday.
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5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
6 Commission of the City of Carlsbad, California, held on the 4th day of September, 1991,
7 11 by the following vote, to wit:
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AYES: Chairperson Holmes, Commissioners Erwin, Hall, Noble, Savq:
Schlehuber, and Schramm
lo I/ NOES: None
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ABSENT: None
ABSTAIN: None
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ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
I.8 /I ATTEST:
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22 I1 PLANNING DIRECTOR
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