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Home My WebLink About1994-12-07; Planning Commission; Resolution 3728e 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 I PLANNING COMMISSION RESOLUTION NO. 3728 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RETRAINING PROGRAM WITHIN AN EXISTING OWCE BUILDING ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD. CASE NAME SAN DIEGO CONSORTIUM CASE NO: CUP 93-05 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 for a Conditiona Use Permit as provided by Title 21.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planniq Commission did, on the 7th day of December, 1994, hold a duly noticed public hearing tc consider said application on property described as: Parcels 19 and 20 of Map #11457, City of Carlsbad, County of San Diego, State of California, filed July 2, 1981, WHEREAS, at said public hearing, upon hearing and considering all testimon and arguments, if any, of all persons desiring to be heard, said Commission considered a factors relating to CUP 93-05. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir 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 Commissic APPROVES CUP 93-05, based on the following findings and subject to tk following conditions: Findings: 1. The requested use is necessary or desirable for the development of the communit is essentially in harmony with the various elements and objectives of the gener plan, and is not detrimental to existing uses or to uses specifically permitted in tf zone in which the use is to be located because the use (computer skills training an 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 0 0 job search assistance) will be of benefit to the community and the facility will be compatible with surrounding industrial office uses. 2. The site for the requested use is adequate in size and shape to accommodate the proposed use because the facility will be contained within a 10,000 square-foot suitc within an existing building. 3. All of the yards, setbacks, walls, fences, landscaping, and other features necessary tc adjust the proposed use to existing or permitted future uses in the neighborhood arc being provided and will be maintained because no such adjustments are necessary The proposed facility will be contained within a 10,000 square-foot suite within ax existing building. The existing building was built in compliance with applicablc standards, including setback requirements and landscaping. No additiona adjustments are necessary to accommodate the proposed school. 4. The street system serving the requested use is adequate to properly handle all traffic generated by the use because there is adequate circulation on the site and thc parking needed for the proposed school can be provided by existing spaces at thc site. Avenida Encinas is a secondary arterial street designed to accommodate 20,00( trips per day and currently carries approximately 9,500 trips per day. 5. This project consists of minor alterations to an existing structure, and has, therefore been determined by the Planning Director to be exempt from environmental reviev according to Section 15301(a) of the California Environmental Quality Act. 6. The project is consistent with all City public facility policies and ordinances since a1 necessary public improvements have been provided or will be required as condition: of approval. 7. This project is consistent with the City’s Growth Management Ordinance as it is a1 existing building and has been conditioned to comply with any requirement approvec as part of the Local Facilities Management Plan for Zone 3. Conditions: Planning: 1. Approval is granted for CUP 93-05, as shown on Exhibit(s) “A - “C”, datec December 7,1994, incorporated by reference and on file in the Planning Departmeni Development shall occur substantially as shown unless otherwise noted in thesl conditions, and approved by the Planning Director. ~ 2. Water shall be provided by the Carlsbad Municipal Water District. 3. This project shall comply with all conditions and mitigation required by the Zone Local Facilities Management Plan approved by the City Council on May 19, 198; I 1 PC RES0 NO. 3728 -2- II 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 0 0 incorporated herein and on file in the Planning Department and any futurl amendments to the Plan made prior to the issuance of building permits. 4. Approval of this request shall not excuse compliance with all sections of the Zonin Ordinance and all other applicable City ordinances in effect at time of buildin permit issuance. 5. This conditional use permit is granted for a period of five years, from December ’ 1994 until December 7, 1999. This conditional use permit shall be reviewed by th Planning Director on a yearly basis to determine if all conditions of this permit hav been met and that the use does not have a significant detrimental impact o surrounding properties or the public health and welfare. If the Planning Directc determines that the use has such significant adverse impacts, the Planning Directc shall recommend that the Planning Commission, after providing the permittee th opportunity to be heard, add additional conditions to mitigate the significant advers impacts. This permit may be revoked at any time after a public hearing, if it is foun 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 me This permit may be extended for a reasonable period of time not to exceed five yea] upon written application of the permittee made no less than 90 days prior to th expiration date. In granting such extension, the Planning Commission shall find th; no substantial adverse affect on surrounding land uses or the public’s health an .welfare will result because of the continuation of the permitted use. If a substanti; adverse affect on surrounding land uses or the public’s health and welfare is founc: the extension shall be considered as an original application for a conditional us permit. There is no limit to the number of extensions the Planning Commission ma grant. 6. If the property owner/owners’ address changes from that which is shown on th conditional use permit application, a notice of a change of address shall be reportet in writing, to the Planning Department within 30 days. 7. No more than 50 students will be permitted on the school premises at any one timl 8. Days and hours of operation for the school shall be limited to the time between 7:(1 a.m. - 9:00 p.m. Monday through Friday. 9. No more than 2,138 square feet of the school facility suite may be used for offic uses. Any changes to the use areas as shown on Exhibits “A - ‘IC” shall require CUP amendment. 10. No outdoor storage of material shall occur onsite unless required by the Fire Chie In such instance a storage plan will be submitted for approval by the Fire Chief an the Planning Director. PC RES0 NO. 3728 -3- b 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 11. Any signs proposed for this development shall at a minimum be designed i conformance with the City’s Sign Ordinance and shall require review and approv: of the Planning Director prior to installation of such signs. 12. Prior to the issuance of building permits for the property which includes this projec a uniform sign program shall be submitted to the Planning Director for his revie1 and approval. 13. As part of the plans submitted for any permit plan check, the applicant shall includl a reduced, legible version of the approving resolution/resolutions on a 24” x 36 blueline drawing. . Said blueline drawing(s) shall also include a copy of aq applicable Coastal Development Permit and signed approved site plan. PASSED, APPROVED, AND ADOPTED at a regular meeting of thl Planning Commission of the City of Carlsbad, California, held on the 7th day of Decembel 1994, by the following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Noble, Compas Erwin, Nielsen, and Monroy. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING- COMMISSION ATTEST MICHAEL J. J~D’LZMIELER PLANNING DIRECTOR PC RES0 NO. 3728 -4- II