HomeMy WebLinkAbout1996-06-19; Planning Commission; Resolution 3949E /I rg a
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PLANNING COMMISSION RESOLUTION NO. 3949
A RESOLUTION OF THE PLANNING COMMISSION OF THE
PLANNING COMMISSION RESOLUTION NO. 3828
APPROVING A CONDITIONAL USE PERMIT EXTENSION
TO ALLOW THE CONTINUED OPERATION OF A SALES
INFORMATION CENTER IN AVIARA PLANNING AREA 23
ON PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF ALGA ROAD BETWEEN BLACK RAIL COURT
AND CORMORANT DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: AVIARA INFORMATION CENTER
CASE NO: CUP 90-07x1
CITY OF CARLSBAD, CALIFORNIA, RE-ADOPTING
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City of Carlsbad which has been referred to the Planning Commission; and 11
WHEREAS, Aviara Land Associates has filed a verified application wif
’* I1 WHEREAS, said verified application constitutes a request for a Conditiona
13 11 !! Permit extension, as shown on Exhibits “A”-“H”, dated November 7,1990, and on file i
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WHEREAS, pursuant to the provisions of the Municipal Code, the Plar 17
Chapter 21.54 of the Carlsbad Municipal Code; and
Commission did, on the 19th day of June, 1996, hold a duly noticed public hearing to con
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Planning Department, and as provided by the conditions of approval for CUP 90-07,
/I said application on property described as: 20
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Portion of Section 22, 26, 27, 28, 33 and 34 in Township 12
South, Range 4 West, in the City of Carlsbad, County of San
Diego;
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WHEREAS, at said public hearing, upon hearing and considering all testin
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and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
26 ll relating to CUP 90-07x1.
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28 Commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
A) That the foregoing recitations are true and correct.
Y
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B) That based on the evidence presented at the public hearing, the Corn
APPROVES the five year extension of Conditional Use Permit, CUP :
(CUP 90-07x1), and RE-ADOPTS Planning Commission Resolution No.
based on the following findings and subject to the following conditions:
Findings:
1. That the Planning Director has determined that the project is exempt fion
requirements of the California Environmental Quality Act (CEQA) per Section 1531
the state CEQA Guidelines and will not have any adverse significant impacts o
environment.
2. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General Plar
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that it facilitates the sale and subsequent occupatic
residentially designated property, provides the appropriate land use and par
improvements while preserving native open space, and is removable for the ulti
development of the site;
3. That the site for the intended use is adequate in size and shape to accommodate the u,
that because all improvements required for the continued operations of the
center stall fit completely within the boundaries of the site;
4. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhood wi
provided and maintained since all development standards for the planning area
still being adhered to and the building must be removed prior to future develop]
of the site;
5. That the street system serving the proposed use is adequate to properly handle all tr
generated by the proposed use since Alga Road is a major arterial with a capacil
40,000 average daily trips and the traffic generated by the sales center is about
trips per day.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit exten
for the Temporary Information Center project entitled ‘I Aviara Information Cen
Planning Area 23”. (Exhibits “A” - “H” on file in the Planning Department
incorporated by this reference, dated November 7, 1990), subject to the conditions he
set forth. Staff is authorized and directed to make or require the Developer to mak
corrections and modifications to the Conditional Use Permit extension Document:
necessary to make them internally consistent and conform to Planning Commissic
final action on the project. Development shall occur substantially as shown on
approved exhibits. Any proposed development substantially different from this appro
PC RES0 NO. 3949 -2-
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shall require an amendment to this approval.
2. All other conditions contained in Planning Commission Resolution Nos. 3821
3160, except as modified herein, remain in full force and effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
COKUZI~SS~OII of the City of Carlsbad, California, held on the 19th day of June, 1996, t.
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mo
Nielsen, Noble, Savary, Welshons
NOES:
ABSENT:
ABSTAIN:
Lh!Jh&M< PYM.
WILLIAM COMPAS, Chairperkn
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MZMIYLER
Planning Director
PC RES0 NO. 3949 -3-