HomeMy WebLinkAbout1996-02-07; Planning Commission; Resolution 38943 I1 0 6 I1 ' I1 PLANNING COMMISSION RESOLUTION NO. 3894
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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
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of Carlsbad which has been referred to the Planning Commission; and
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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
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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:
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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.
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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).
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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.
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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-
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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:
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Planning Director
PC RES0 NO. 3894 -3-