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HomeMy WebLinkAbout1996-06-19; Planning Commission; Resolution 3949E /I rg a *I (r 1 2 3 4 5 6 7 8 9 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 10 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 14 15 16 18 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 19 Planning Department, and as provided by the conditions of approval for CUP 90-07, /I said application on property described as: 20 21 22 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; 23 24 WHEREAS, at said public hearing, upon hearing and considering all testin 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all fa 26 ll relating to CUP 90-07x1. 27 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 b 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 ‘I) 0 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- il e 0 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 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-