HomeMy WebLinkAbout1993-01-06; Planning Commission; Resolution 3475* 1
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PLANNING COMMISSION RESOLUTION NO. 3475
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING AN
EXTENSION FOR A CONDITIONAL, USE PERMIT TO ALLOW
AN INSURANCE SERVICE CENTER ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR
AIRPORT ROAD BETWEEN PALOMAR OAK2 WAY AND
CAMINO VIDA ROBLE.
CASE NAME: STATE FARM INSURANCE SERVICE CENTER
CASE NO: CUP 90-11x1
WHEREAS, a verified application has been filed with the City of Carlsb;
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided '
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planni:
Commission did, on the 6th day of January, 1993, hold a duly noticed hearing to consid
said application on property described as:
Lot 12 of CT 81 -46, Unit 1 according to Map 11287 in the
City of Carlsbad, County of San Diego, State of California.
WHEREAS, at said hearing, upon hearing and considering all testimony a
arguments, if any, of all persons desiring to be heard, said Commission considered
factors relating to CUP 90-11x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissi
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 hearing, the Commission APPRO\
CUP 90-11x1, based on the following findings and subject to the follow
conditions:
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Findinns:
1. The requested use is necessary or desirable for the development of the communi
is essentially in harmony with the various elements and objectives of the gene
plan, and is not dehental to existkg uses or to uses spec&& pedtted h 1 zone in which the proposed use is to be located.
2. The site for the intended use is adequate in size and shape to accommodate 1
use.
3. All of the yards, setbacks, walls, fences, landscaping, and other features necess;
to adjust the requested use to existing or permitted future uses in t
neighborhood will be provided and maintained.
4. The street system serving the proposed use is adequate to properly handle
traffic generated by the proposed use.
Conditions:
1. Approval of CUP 9041x1 is granted subject to the approval of an extension ! PIP 904, by the Plaaning Director.
2. Approval of CUP 90-11x1 is granted subject to all conditions of CUP 90-1
Planning Commission Resolution No. 3189, incorporated herein by reference a
on file in the Planning Department except for Condition No. 8 which is replac
by Condition No. 3 below and Condition No. 2 which is replaced by Condition h
5 below.
3. This conditional use permit is granted for a period of five years from the date hearing, or hm January 6, 1993, to January 6, 1998, for a total of five yea
four months and seventeen days. This conditional use permit shall be review
by the Planning Director on a yearly basis to determine if all conditions of tl
permit have been met and that the use does not have a significant detrimen
impact on surrounding properties or the public health and welfare. If the Planni
Director shall recommend that the Planning Commission, after providing t
permittee the opportunity to be heard, add additional conditions to mitigate t
significant adverse impacts. This permit may be revoked at any time after a put
hearing, if it is found that the use has a significant detrimental affect
surrounding land uses and the public’s health and welfare, or the conditio
imposed herein have not been met. This permit may be extended for a reasonat
period of time not to exceed five years upon written application of the permitt
made no less than 90 days prior to the expiration date. In granting su
extension, the Planning Commission shall find that no substantial adverse afft
on surrounding land uses or the public’s health and welfare will result because
the continuation of the permitted use. If a substantial adverse affect
surrounding land uses or the public’s health and welfare is found, the extensi
shall be considered as an original application for a conditional use permit. Tht
is no limit to the number of extensions the Planning Commission may grant.
Director determines that the use has such significant adverse impacts, the Planni
PC RES0 NO. 3475 -2-
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4. The applicant is aware that the City is preparing a non-residential housing imp;
fee (linkage fee) consistent with Program 4.1 of the Housing Element. 7
applicant is further aware that the City may determine that certain non-&den1
projects may have to pay a linkage fee, in order to be found consistent I
Housing Element of the General Plan. If a linkage fee is established by C council ordinance and/or resolution and this project becomes subject to a W fee pursuant to said resolution, then the applicant for this project, or his/her/th
successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid
the time of issuance of building permits, except for projects involving a request
a non-residential planned unit development for an existing development, in wh
case, the fee shall be paid on approval of the final map, parcel map or certifici
of compliance, required to pmess the non-residential PUD, whichever pertai
If linkage fees are required for this project, and they are not paid, this project WI
not be consistent with the General Plan and approval for this project will beco~
null and void.
5. Appmval is granted for CUP 90-11x1, as shown on Exhibits "A-F" dated Janu:
6, 1993, incorporated by reference and on file in the Planning Deparhne
Development shall occur substantially as shown unless otherwise noted in tht
conditions.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 6th day of January, 1993,
the following vote, to wit:
AYES: Chairman Noble, Commissioners: Schlehuber, Schram
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None. A-JfLfme
BAILEY NOBflE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
MICHAEL J. HOLZWER
PLANNING DIRECTOR
PC RES0 NO. 3475 -3-