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HomeMy WebLinkAbout1994-11-02; Planning Commission; Resolution 37160 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 PLANNING COMMISSION RESOLUTION NO. 3716 A RESOLUTION OF THE PLANNING COMMISSION OF THE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO CONTINUE THE OPERATION OF A POLICE FIRING RANGE ON PROPERTY GENERALLY LOCATED IN THE FUTURE VETERANS MEMORIAL PARK. CASE NAME: POLICE FIRING RANGE CASE NO: CUP 256x2 WHEREAS, a verified application has been filed with the City of Carlsbad an CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE- referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for extension of CU 256 as provided by that CUP; and WHEREAS, pursuant to the provisions of the Municipal Code, the Pla.nninl Commission did, on the 2nd day of November, 1994, hold a duly noticed public hearing tc consider said application on property described as: A portion of Lot F of Rancho Agua Hedionda in the City of Carlsbad, State of California, according to Map No. 823 recorded November 16, 1896 in the office of the San Diego County Recorder. WHEREAS, at said public hearing, upon hearing and considering all testimony anc arguments, if any, of all persons desiring to be heard, said Commission considered all factor: relating to CUP 256x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 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 256x2, based on the following findings and subject to the following conditions: 1 Findings: I 1- That the findings of Planning Commission Resolution Nos. 2355 and 2938 are stili applicable to the continued operation of the police firing range, except, currently the 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 facility is not used exclusively by the City’s Police Department. The Polit Department allows other law enforcement agencies to train at the facility, whic provides an important regional service and helps pay for the facility’s maintenant and operation costs. 2. The Planning Commission finds that the conditional use permit extension categorically exempt from further environmental review according to Section 153( of the CEQA guidelines, and the environmental impacts of this project have head been considered during the original approval of CUP 256, resulting in the approvi of a Negative Declaration dated September 26,1984. The continued operation of th f&g range is within the scope of the original environmental document, and ther are no additional significant adverse impacts to the environment. 3. There will be no substantial adverse impacts on surrounding land uses or to th public’s health and welfare due to the continuation of this use. The facility is use on a limited basis, during fair weather, and does not significantly impact the existin dirt access road. 4. The applicant has satisfactorily complied with all conditions of approval impose upon CUP 256 as stated in Planning Commission Resolution Nos. 2355 and 2931 The Planning Commission has reviewed these conditions and determined that the are adequate and shall apply as conditions of approval for CUP 256x2. Conditions: I. All conditions of approval imposed upon CUP 256 as stated in Planning Commissio Resolution Nos. 2355 and 2938 shall apply as conditions of approval for CUP 256X: except Condition No. 4 of Planning Commission No. 2355, which is replaced b Condition No. 2 below. 2. This conditional use permit is extended for a period of five years. This conditional us permit shall be reviewed by the Planning Director on a yearly basis to determine if a conditions of this permit have been met and that the use does not have a significar detrimental impact on surrounding properties or the public health and welfare. If th Planning Director determines that the use has such significant adverse impacts, th Planning Director shall recommend that the Planning Commission, after providing th permittee the opportunity to be heard, add additional conditions to mitigate the significar adverse impacts. This permit may be revoked at any time after a public hearing, if it j found that the use has a significant detrimental affect on surrounding land uses and th public’s health and welfare, or the conditions imposed herein have not been met. Thi permit may be extended for a reasonable period of time not to exceed five years up01 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 adversc affect on mounding land uses or the public’s health and welfare will result because o 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 ai PC RES0 NO. 3716 -2- e 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 original application for a conditional use permit. There is no limit to the number c extensions the Planning Commission may grant. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 2nd day of November, 1994, by t€ following vote, to wit: AYES: Chairperson Savary, Commissioners Welshons, Noble, Emir Compas, Nielsen, and Momoy. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST: u MICHAEL J. HOLMILLER PLANNING DIRECTOR PC RES0 NO. 3716 -3-