HomeMy WebLinkAbout1995-11-01; Planning Commission; Resolution 3828I/ 0 e
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PLANNING COMMISSION RESOLUTION NO. 3828
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A FIVE YEAR EXTENSION TO A CONDITIONAL USE
PERMIT TO ALLOW THE CONTINUED OPERATION OF
A SALES INFORMATION CENTER IN AVIARA
PLANNING AREA 23 ON PROPERTY GENERALLY
LOCATED NORTH OF ALGA ROAD BETWEEN BLACK
RAIL COURT AND CORMORANT DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASENAME AVIARA INFORMATION CENTER -
PLANNING AREA 23
CASE NO: CUP 90-07x1
WHEREAS, Aviara Land Associates has filed a verified application w
City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a fi~
extension to a Conditional Use Permit as provided by CUP 90-07 and Chapter 21.42
Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 1st day of November, 1995, hold a duly noticed public hea
consider said application on property described as:
Portion of Sections 22, 26, 27, 28, 33 and 34 in Township 12
South, Range 4 West, in the City of Carlsbad, County of San
Diego.
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Commission conside
factors relating to CUP 90-07x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence prAsented at the public hearing, the Comr
APPROVES the five year extension'~,to Conditional Use Permit, CUP 90-07 (C
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07x1), based on the following findings and subject to the following conditio1
Findings:
1. That the Planning Director has determined that the project is exempt frt
requirements of the California Environmental Quality Act (CEQA) per I
15301 of the state CEQA Guidelines and will not have any adverse significant
on the environment.
2. That the requested use is necessary or desirable for the development
community, is essentially in harmony with the various elements and objective
general plan, and is not detrimental to existing uses or to uses specifically pe:
in the zone in which the proposed use is to be located, because it facilitates 1
and subsequent occupation of residentially designated property, provic
appropriate land use and parking improvements while preserving native oper
and is removable for the ultimate development of the site;
3. That the site for the intended use is adequate in size and shape to accommod
use because all improvements required for the continued operations of th
center still fit completely within the boundaries of the site;
4. That all of the yards, setbacks, walls, fences, landscaping, and other f
necessary to adjust the requested use to existing or permitted future uses
neighborhood will be provided and maintained since all development stand2
the planning area are still being adhered to and the building must be remove
to future development of the site;
5. That the street system serving the proposed use is adequate to properly ha1
traffic generated by, the proposed use since Alga Road is a major arterial
capacity of 40,000 average daily trips.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use
extension for the Temporary Information Center project entitled "Aviara Info1
Center - Planning Area 23". (Exhibits "A" - "H on file in the Planning Dep;
and incorporated by this reference, dated November 7, 1990), subject
conditions herein set forth. Staff is authorized and directed to make or req
Developer to make all corrections and modifications to the Conditional Use
Documents, as necessary to make them internally consistent and conform to P
Commission's ha1 action on the project. Development shall occur substan
shown on the approved exhibits. Any proposed development substantially d
from this approval, shall require an amendment to this approval.
2. This Conditional Use Permit is extended for a period of five (5) years, from 1
of expiration with a new expiration date of November 5,2000. This Conditio
Permit shall be reviewed by the Planning Director on a yearly basis to dete:
PC RES0 NO. 3828 -2-
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0 *
all conditions of this permit have been met and that the use does not
substantial negative effect on surrounding properties or the public health and
If the Planning Director determines that the use has such substantial negative
the Planning Director shall recommend that the Planning Commissio
. providing the permittee the opportunity to be heard, add additional condl
reduce or eliminate the substantial negative effects. This permit may be re1
any time after a public hearing, if it is found that the use has a sul
detrimental effect on surrounding land uses and the public's health and we1
the conditions imposed herein have not been met. This permit may be exter
a reasonable period of time not to exceed five (5) years upon written applic
the permittee made no less than 90 days prior to the expiration date. The I
Commission may not grant such extension, unless it finds that there
substantial negative effects on surrounding land uses or the public's he2
welfare. If a substantial negative effect on surrounding land uses or the
health and welfare is found, the extension shall be denied or granted with co
which will eliminate or substantially reduce such effects. There is no limj
number of extensions the Planning Commission may grant.
3. All other provisions contained in Planning Commission Resolution No. 3160
as modified herein, remain in full force and effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 1st day of No.
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Cornpas,
Monroy, Nielsen, Noble and Savary
NOES: None
ABSENT: None
ABSTAIN: None
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KIM ~VELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
I ATI'EST
Planning Director
PC RES0 NO. 3828 -3-
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