HomeMy WebLinkAbout1994-01-05; Planning Commission; Resolution 3595L
1
2
3
4
5
6
7
8
9
10
I1
12
13
0 0
PLANNING COMMISSION RESOLUTION NO. 3595
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE OPERATION OF FIRE STATION NO. 5 ON PROPERTY
GENERALLY LOCATED AT 2560 ORION WAY.
CASE NAME: CITY OF CARLSBAD
CASE NO: CUP 88-06x1
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 &
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planninl
Commission did, on the 5th day of January, 1994, hold a duly noticed public hearing tc
consider said application on property described as:
14
15
16
A portion of Lot "B" of Rancho Agua Hedionda according to
Map No. 823, filed November 16, 1896.
WHEREAS, at said public hearing, upon hearing and considering a1
1'7
considered all factors relating to CUP 88-06x1. l8
testimony and arguments, if any, of all persons desiring to be heard, said Commissiol
19 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CommissioI
20
21
22
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
23
24
25
26
27
B) That based on the evidence presented at the public hearing, the Commissio~
APPROVES CUP 88-06x1, based on the following findings and subject to th(
following conditions:
.. . .
....
28
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
e 0
FhdinES:
1. That the requested use continues to be necessary or desirable for the developmer
of the community) is essentially in harmony with the various elements an
objectives of the general plan, and is not detrimental to existing uses or to usc
specifically permitted in the zone.
2. That the site continues to be adequate in size and shape to accommodate the USI
3. That all of the yards, setbacks) walls, fences, landscaping, and other featurc
necessary to adjust the requested use to existing or permitted future uses in th
neighborhood have been provided and maintained;
4. That the street system serving the property continues to be adequate to proper1
handle all traffic generated by the use.
Conditions:
1. All conditions of approval imposed upon CUP 88-06 as stated in Plannin
Commission Resolution No. 2721 shall apply as conditions of approval for CUP 8t
06x1 except Condition No. 5 is amended by Condition No. 2 below.
2. This conditional use permit is granted for a period of ten years from April 2(
1993. This conditional use permit shall be reviewed by the Planning Director o
a yearly basis to determine if all conditions of this pennit have been met and thz
the use does not have a significant detrimental impact on surrounding propertic
or the public health and welfare. If the Planning Director determines that the w
has such significant adverse impacts, the Planning Director shall recommend h
the Planning Commission, after providing the permittee the opportunity to b
heard, add additional conditions to mitigate the significant adverse impacts. Th
permit may be revoked at any time after a public hearing, if it is found that th
use has a significant detrimental affect on surrounding land uses and the public
health and welfare, or the conditions imposed herein have not been met. Th
pennit may be extended for ten years upon written application of the pennitte
made no less than 90 days prior to the expiration date. In granting suc
extension, the Planning Commission shall hd that no substantial adverse afTa
on surrounhg land uses or the public’s health and welfare will result because (
the continuation of the permitted use. If a substantial adverse affect o
surrounding land uses or the public’s health and welfare is found, the extensio
shall be considered as an original application for a conditional use permit. Ther
is no limit to the number of extensions the Planning Commission may grant.
PC RES0 NO. 3595 -2-
28
c e *
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninl
2
the following vote, to wit: 3
Commission of the City of Carlsbad, California, held on the 5th day of January, 1994, b
4
5
6
7
8
9
10
11
12
AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noble
Welshons, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CAFUSBAD PLANNING-COMMISSION
13
14
ATTEST:
15
16
17
. ~.
PLANNING DIRECTOR
l8 I
19 I1
20
21
22
23
24
25
26
27
i
PC RES0 NO. 3595 .3 -
28