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HomeMy WebLinkAbout1996-07-03; Planning Commission; Resolution 3953c 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 0 PLANNING COMMISSION RESOLUTION NO. 3953 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT AMENDMENT TO ALLOW THE PLACEMENT AND USE OF A STORAGE TRAILER ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL, BETWEEN PALOMAR AIRPORT ROAD AND FARADAY AVENUE, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CMWD STORAGE TRAILER CASE NO: SUP 88-02(B) WHEREAS, Carlsbad Municipal Water District has filed a verified applic for certain property, to wit: Portion of Lot B, Rancho Agua Hedionda according to Map No. 823, in the City of Carlsbad, County of San Diego. with the City of Carlsbad, which has been referred to the Planning Commission; and WHEREAS, said application constitutes a request for a Special Use P Amendment as shown on Exhibit “A”, dated July 3, 1996 on file in the Plan Department (SUP 8802(A)) as provided by Chapter 21.40 of the Carlsbad Municipal Code; WHEREAS, the Planning Commission did on the 3rd day of July, 1996, h duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testil and arguments, if any, of all persons desiring to be heard, said Commission considered all fi relating to the Special Use Permit Amendment SUP 88-02(B); and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commi APPROVES Special Use Permit Amendment, SUP 88-02(B), based 01 following findings and subject to the following conditions: 0 0 i 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 Findings: 1. That the Planning Director has determined that the project is exempt fi-on requirements of the California Environmental Quality Act (CEQA) per Section 15 the State CEQA Guidelines and will not have any adverse significant impact o environment. 2. The Planning Commission finds that the project, as conditioned herein, conformance with the applicable Elements of the City's General Plan, based o following: a. Land Use - the Water District office, maintenance yard and proposed tr b. Circulation - the project is consistent with the appropriate corridor stand c. Public safety - any storage of hazardous materials will be in accordance the proper safety regulations and subject to inspection by the Department. are within the allowed uses for the PI - Planned Industrial designation. 3. The proposed storage trailer use is consistent with the purposes of the SI Preservation Overlay Zone, in that it will not impact the outstanding views, and geology, or other unique natural attributes and historical and CUI resources of the El Camino Real scenic corridor. 4. The proposed storage use will not adversely affect the scenic, historical or CUI qualities of the property since no significant scenic, historic or cultural features on the Water District site. Conditions: 1. The Planning Commission does hereby approve the Special Use Permit Amend] (SUP 88-02(B)) for the Storage Yard Upgrade project entitled "CMWD Stc Trailer, subject to the conditions herein set forth. Staff is authorized and direct1 make or require the Developer to make all corrections and modifications to the Sp Use Permit Amendment Documents, as necessary to make them internally cons: and conform to Planning Commission's final action on the project. Development occur substantially as shown on the approved exhibits. Any proposed develop substantially different from this approval, shall require an amendment to this approv; 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy o Site Plan as approved by the final decision making body. The Site Plan shall reflec conditions of approval by the City. The Plan copy shall be submitted to the Engineer and approved prior to building, grading, final map, or improvement submittal, whichever occurs first. 4. This project shall comply with all conditions and mitigation measures which are req as part of the Zone 5 Local Facilities Management Plan and any amendments mal 1 PC RES0 NO. 3953 -2- 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 0 as part of the Zone 5 Local Facilities Management Plan and any amendments ma that Plan prior to the issuance of building permits. 5. Approval of SUP 88-02(B) is granted subject to the approval of CUP 92-08(A). SU 02(B) is subject to all conditions contained in Planning Commission Resolutio~ 3954 for CUP 92-08(A). 6. All other conditions contained in Planning Commission Resolutions No. 2803, and 3487 for SDP 88-12, SUP 88-02 and SUP 88-02(A), except as modified hc remain in full force and effect. General: 7. 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 k implemented and maintained according to their terms, the City shall have the rig revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of OCCUI issued under the authority of approvals herein granted; institute and prosecute litigati compel their compliance with said conditions or seek damages for their violation, vested rights are gained by Developer or a successor in interest by the City's appro7 this Resolution. Code Reminders: 8. Approval of this request shall not excuse compliance with all applicable sections a Zoning Ordinance and all other applicable City ordinances in effect at time of bui permit issuance, except as otherwise specifically provided herein. .... ...* .... .... .... PC RES0 NO. 3953 -3- . 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 (I, PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla: Cornmission of the City of Carlsbad, California, held on the 3rd day of July, 1996, b following vote, to wit: AYES: Chairman Compas, Commissioners Heineman, Monroy , Niels Noble, Savary and Welshons NOES: ABSENT: ABSTAIN: lh?f%&wk WILLIAM COMPAS, Chairpdrson CAlRLSBAD PLANNING COMMISSION ATTEST: W MICHAEL J. HOLZMILL~R Planning Director PC RES0 NO. 3953 -4-