HomeMy WebLinkAbout1996-05-15; Planning Commission; Resolution 3930i
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PLANNING COMMISSION RESOLUTION NO. 3930
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A ONE YEAR EXTENSION FOR THE SALES PAVILION
THE SOUTHEASTERLY CORNER OF THE CITY
ADJACENT TO THE CITY OF ENCINITAS.
CASE NAME: CENTEX SALES PAVILION
CASE NO: PCD 96-01
WHEREAS, CENTEX HOMES has filed a verified application for c
AT CT 89-18 ON PROPERTY GENERALLY LOCATED AT
property to wit:
Portions of lots 8, 9, and 15 of the subdivision of Rancho Las
Encinitas in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No 848, filed in the
office of the County Recorder of San Diego County, June 27,
1898.
with the City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Pla
Commission Determination as shown on Exhibits 'lA1l-'IDII on file in the Pla
Department and incorporated by this reference, dated May 15,1996, as provided by Ck
21.53 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of May,
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimon
arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to the Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plal
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Comml
APPROVES Planning Commission Determination, PCD 96-01, based o
i
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following findings and subject to the following conditions:
Findings:
1. That the Planning Director has determined that the project is exempt fro]
requirements of the California Environmental Quality Act (CEQA) per Se
15300.1 and 15301 of the State CEQA Guidelines and will not have any a(
significant impact on the environment.
2 That the sales program for lots within CT 89-18 will benefit from the constrb
of an independent sales pavilion.
3. That the anticipated time required to complete sales within the subdivisio:
exceed one year.
4. That the amenities provided with the sales pavilion constitute a greater inves
than the typical temporary real estate ofice and therefore an extension of on1
is justified.
5. That there is therefore reasonable cause to allow the sales pavilion to remain
for one year beyond the first year of sales.
Conditions:
1. The Planning Commission does hereby approve a one year extension for the P
entitled Tentex Sales Pavilion” (Exhibits llA’”llD1l on file in the Planning Depar
and incorporated by this reference, dated May 15, 1996), subject to the cond
herein set forth. Development shall occur substantially as shown on the app
exhibits. Any proposed development substantially different from this approval,
require an amendment to this approval.
2. This approval shall expire January 16, 1998.
3. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
pursuant to City standards. Location of said receptacles shall be approved 1
Planning Director. Enclosure shall be of similar colors and/or materials 1
project to the satisfaction of the Planning Director.
4. No outdoor storage of material shall occur onsite unless required by the Fire (
In such instance a storage plan will be submitted for approval by the Fire Chic
the Planning Director.
5. The Developer shall prepare a detailed landscape and irrigation plan in conforr
with the City’s Landscape Manual. The plans shall be submitted to and apy
obtained from the Planning Director prior to the approval of building permit.
Developer shall construct and install all landscaping as shown on the approved
and maintain all landscaping in a healthy and thriving condition, free from P
PC RES0 NO. 3930 -2-
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trash, and debris.
6. Any signs proposed for this development shall at a minimum be design
conformance with the City’s Sign Ordinance and shall require review and apl
of the Planning Director prior to installation of such signs.
7. This approval shall become null and void if building permits are not issued fc
project within 6 months from the date of project approval.
8. The project shall comply with the latest non-residential disabled access require]
pursuant to Title 24 of the State Building Code.
9. All roof appurtenances, including air conditioners, shall be architecturally intee
and concealed from view and the sound buffered from adjacent propertie
streets, in substance as provided in Building Department Policy No. 80-6, 1
satisfaction of the Directors of Planning and Building.
10. This approval is specifically for the use of a temporary structure as a sales pa\
The structure may at no time be used for residential purposes. Unless othe
extended, the structure shall be removed within 60 days of the expiration o
approval.
General:
11. If any of the foregoing conditions fail to occur, or if they are, by their terms,
implemented and maintained over time, if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the
to revoke or modify all approvals herein granted, deny or further condition issl
of all future building permits, deny, revoke or further condition all certificat
occupancy issued under the authority of approvals herein granted, institute
prosecute litigation to compel their compliance with said conditions or seek dan
for their violation. No vested rights are gained by Developer or a success
interest by the City’s approval of this Resolution.
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PC RES0 NO. 3930 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 15th day of May, 1996, k
following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy,
Noble, Savary and Welshons
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
WILLIAM COMPAS,@hairperso%
CAmSBAD PLANNING COMMISSION
ATTEST:
-
MICHAEL J. HOLZMILLER
Planning Director
PC RES0 NO. 3930 -4-