HomeMy WebLinkAbout1996-07-03; Planning Commission; Resolution 3954a 0
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PLANNING COMMISSION RESOLUTION NO. 3954
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE PLACEMENT AND USE OF A STORAGE TRAILER ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
EL CAMINO REAL, BETWEEN PALOMAR AIRPORT ROAD
AND FARADAY AVENUE, IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: CMWD STORAGE TRAILER
CASE NO: CUP 92-08(A)
WHEREAS, Carlsbad Municipal Water District has filed a verified applic
with the City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Amendment as shown on Exhibit “A”, dated July 3, 1996, on file in the Pla
Department and as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 3rd day of July, 1996, hold a duly noticed public hearing to COI
said application on property described as:
Portion of Lot B, Rancho Agua Hedionda according to Map
No. 823, in the City of Carlsbad, County of San Diego.
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 CUP 92-08(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Commj
APPROVES Conditional Use Permit Amendment, CUP 92-08(A), based o
following findings and subject to the following conditions: I
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Findings:
1. That the requested use is necessary or desirable for the development of the commur
essentially in harmony with the various elements and objectives of the General P1a1
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the existing use is an industrial maintenance
surrounded by industrial uses in an industrially designated area.
2. That the site for the intended use is adequate in size and shape to accommodate thl
as shown by the lack of need for site expansion or relocation of uses to fit the stc
trailer into the maintenance yard.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted future uses in the neighborhood u
provided and maintained, in that the trailer fits within the existing maintenance
and does not produce an unsightly view.
4. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use because the storage trailer generates a maximum o
additional traffic trip per day.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use PC
Amendment (CUP 92-08(A)) for the Storage Yard Upgrade project entitled "CR
Storage Trailer". (Exhibit A on file in the Planning Department and incorporatc
this reference, dated July 3, 1996), subject to the conditions herein set forth. St
authorized and directed to make or require the Developer to make all correction,
modifications to the Conditional Use Permit Amendment Documents, as necessi
make them internally consistent and conform to Planning Commission's final actic
the project. Development shall occur substantially as shown on the approved exh
Any proposed development substantially different from this approval, shall requi:
amendment to this approval.
5. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. This Conditional Use Permit Amendment is granted for a period of five (5) years.
Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba;
determine if all conditions of this permit have been met and that the use does not hi
substantial negative effect on surrounding properties or the public health and welfar
the Planning Director determines that the use has such substantial negative effects
Planning Director shall recommend that the Planning Commission, after providin;
permittee the opportunity to be heard, add additional conditions to reduce or eliminat
substantial negative effects. This permit may be revoked at any time after a p
hearing, if it is found that the use has a substantial detrimental effect on surrounding
1 PC RES0 NO. 3954 -2-
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uses and the public's health and welfare, or the conditions imposed herein have no1
met. This permit may be extended for a reasonable period of time not to exceed fi
years upon written application of the permittee made no less than 90 days prior .
expiration date. The Planning Commission may not grant such extension, unless it
that there are no substantial negative effects on surrounding land uses or the pu
health and welfare. If a substantial negative effect on surrounding land uses c
public's health and welfare is found, the extension shall be denied or granted
conditions which will eliminate or substantially reduce such effects. There is no lir
the number of extensions the Planning Commission may grant.
4. Approval of CUP 92-0S(A) is granted subject to the approval of SUP 88-02@).
92-08(A) is subject to all conditions contained in Planning Commission Resolutiol
3953 for SUP 88-02(B).
5. All other conditions contained in Planning Commission Resolution No. 3486, e!
as modified herein, remain in full force and effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plar
Commission 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, Nielsc
Noble, Savary and Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperkon
CARLSBAD PLANNING COMMISSION
ATTEST:
lJLh
MICHAEL J. HOXZMILYER
Planning Director
PC RES0 NO. 3954 -3-