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Home My WebLink About1992-10-07; Planning Commission; Resolution 34343 0 0 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 I I PLANNING COMMISSION RESOLUTION NO. 3434 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A 42 ACRE COMMUNITY PARK ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE, SOUTH OF PALOMAR AIRPORT ROAD, AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: ALTA MIRA COMMUNITY PARK CASE NO: CUP 92-05 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 by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 7th day of October, 1992, hold a duly noticed public hearing ta consider said application on property described as: That portion of the west half of Section 21, Township 12 south, Range 4 west, San Bemardino Meridian, in the City of Carlsbad, County of San Diego, according to United States Government Survey; Lot 8 of Carlsbad Tract No. 72-23, according to map thereof No. 7683 filled in the office of the County Recorder of San Diego County June 29, 1973; Those portions of Lots 3 and 4, in Meridian, according to the official plat. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 92-05. Section 21, Township 12 south, Range 4 west, San Bernardino NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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 Commission APPROVES CUP 92-05, based on the follo&g findings and subject to the following conditions: ll 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 FindillnS: 1. That the requested use is necessary or desirable for the development of th community and is essentially in harmony with the various elements and objective of the general plan as it is compatible with surrounding development, providc adequate landscape buffers and setbacks, protects natural open Tact accommodates the d system, provides quality park facilities and recreatioxx programs to ensure that residents of the City are afforded the opportunity to enjq optimum leisure experiences, both active and passive, and is not detrimental tc existing uses or to uses specifically permitted in the zone in which the proposec use is to be located since all necessary parking is provided onsite and the lights fo the active sports fields would remain on in the evenings no later than 1O:OO Pn and light spill and glare on adjacent properties would be minimized; 2. That the site for the intended use is adequate in size and shape to accommodat the use as evidenced by the fact that the proposal meets all required ordinanca has many active sports facilities and still preserves natural open space areas onsite 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 thc neighborhood will be provided and maintained as is evidenced by the property lin~ setbacks, landscape buffering and screening on slopes and along property l;.nes and the provision for future secondary access along the northern property line; 4. That the street system serving the proposed use is adequate to properly handle al traffic generated by the proposed use because access to the project is provided b! a non-loaded collector street, and onsite circulation is facilitated by 24 foot widc driveways that lead to onsite parking areas and can accommodate two way tratitic Planning Conditions: 1. Approval is granted for CUP 92-05, as shown on Exhibits "A" - 'IS', datec October 7, 1992, incorporated by reference and on file in the Planninj Department. Development shall OCCUT substantially as shown unless otherwisf noted in these conditions. 2. Water shall be provided to this project pursuant to the Water Service agreemen between the City of Carlsbad and the Carlsbad Municipal Water District, date( May 25, 1983. 3. Approval of this request shall not excuse compliance with all sections of thc Zoning Ordinance and all other applicable City ordinances in effect at time ol building permit issuance. .... .... PC RES0 NO. 3434 2 il 0 0 4. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 ‘ 6. 16 17 18 19 8. 20 9. 21 22 5. 7. 23 10, 24 25 26 27 28 .... .... .... This conditional use permit is granted for a period of ten (10) years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public’s health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. A detailed landscape and irrigation plan shall be submitted and approved by the Planning Director prior to issuance of grading or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. Approval of CUP 92-05 is granted subject to the approval of HDP 92-09. Prior to the issuance of a grading permit, the project applicant shall receive a Coastal Development Permit from the California Coastal Commission that approves development that is in substantial conformance with the City approval. Evidence that the permit has been received shall be submitted to the Planning Department. All conditions of Planning Commission Resolution No. 3433 for the Conditional Negative Declaration are applicable to this approval and incorporated through this reference. 11 PC RES0 NO. 3434 3 @ 0 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 7th day of October, 1992, b the following vote, to wit: AYES: Chairman Erwin, Commissioners: Schramm, Noble & Savaq NOES: Commissioners: Schlehuber & Welshons. ABSENT: Commissioner Hall. ABSTAIN: None. ATTEST: TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION s PLANNING DIRECTOR PC RES0 NO. 3434 4