Loading...
HomeMy WebLinkAbout1995-11-01; Planning Commission; Resolution 3828I/ 0 e t 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 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 .. x. I # c 0 0 t' 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 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- # w 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 * 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 I KIM ~VELSHONS, Chairperson CARLSBAD PLANNING COMMISSIO I ATI'EST Planning Director PC RES0 NO. 3828 -3- I I