Loading...
HomeMy WebLinkAbout1996-02-07; Planning Commission; Resolution 38943 I1 0 6 I1 ' I1 PLANNING COMMISSION RESOLUTION NO. 3894 2 3 4 5 6 7 8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO MODIFY ONE CONDITION TO ALLOW ONE ADDITIONAL YEAR FOR THE ISSUANCE OF BUILDING PERMITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CARLSBAD VILLAGE DRIVE AND PI0 PIC0 DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SHELL OIL CASE NO: CUP 94-01 (A) 9 WHEREAS, Shell Oil Company has filed a verified application with 1 lo 11 of Carlsbad which has been referred to the Planning Commission; and 12 WHEREAS, said verified application constitutes a request for a Con' 13 Use Permit Amendment to modify Condition No. 9, of Resolution No. 3718 to ali 14 Department as provided by Chapter 21.42 of the Carlsbad Municipal Code; and 16 "A" - "G", dated October 19,1994 incorporated by this reference and on file in the P 15 additional year for the issuance of building permits for the project as shown on E l7 I/ WHEREAS, pursuant to the provisions of the Municipal Code, the P la Commission did, on the 7th day of February, 1996, hold a duly noticed public he; consider said application on property described as: 19 20 21 22 A portion of Tract 115 of Town of Carlsbad, according to Map 775, filed February 15,1894, in the City of Carlsbad, County of San Diego, State of California. 23 and arguments, if any, of all persons desiring to be heard, said Commission consid 24 WHEREAS, at said public hearing, upon hearing and considering all te 25 11 factors relating to CUP 94-01(A). 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the I Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. I1 II 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Com: APPROVES Conditional Use Permit, CUP 94-01(A), based on the following 1 and subject to the following conditions: Findings: 1. All of the findings previously made for the original approval of this prc contained in Planning Commission Resolution Nos. 3717 and 3718 are hereb for this amendment request and incorporated herein by this reference. 2. The City's MEIR found that air quality and circulation impacts are significr adverse; therefore the Council adopted a statement of overriding conside The project is consistent with the General Plan and as to those effects, no adc environmental document is required. 3. The proposed amendment will allow the applicant additional time to SI building permit for the project and will not create any conflicts w implementation of the City's General Plan. Planninp Conditions: 1. The Planning Commission does hereby approve the CUP amendment requesi Shell Oil Project entitled "Shell Oil, CUP 94-01(A)". (Exhibits "A" - "G" on fil Planning Department and incorporated by this reference, dated October 19 subject to the conditions herein set forth. Staff is authorized and directed t or require the Developer to make all corrections and modifications to tl Documents, as necessary to make them internally consistent and conform to P Commission's final 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 approval shall become null and void if building permits are not issued project by November 2,1996. This represents one additional year beyond thc one year granted with the earlier approval to obtain building permits condition modifies and replaces Condition No. 9 of Planning Commission Re: No. 3718 which approved CUP 94-01. 3. All other provisions contained in Planning Commission Resolution Nos. 3' 3718, except as modified herein, remain in full force and effect. 4. If any of the foregoing conditions fail to occur, or if they are, by their tern implemented and maintained over time, if any of such conditions fail tl implemented and maintained according to their terms, the City shall have t to revoke or modify all approvals herein granted, deny or further condition j of all future building permits, deny, revoke or further condition all certifi occupancy issued under the authority of approvals herein granted, instit prosecute litigation to compel their compliance with said conditions or seek c PC RES0 NO. 3894 -2- 7 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 e e for their violation. No vested rights are gained by Developer or a succt interest by the City’s approval of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 7th day of Fe 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Erwin, Monroy, Nielsen, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None h!!~ WILLIAM COMPAS, chairperson CARLSBAD PLANNING COMMISSIO: ATTEST: ! Planning Director PC RES0 NO. 3894 -3-