HomeMy WebLinkAbout1996-07-17; Planning Commission; Resolution 39571
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PLANNING COMMISSION RESOLUTION NO. 3957
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A MUNICIPAL FIRE
STATION ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF BUTTERCUP ROAD AND
BATIQUITOS LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 4.
CASE NAME: FIRE STATION NO. 4
CASE NO: CUP 268x2
WHEREAS, the City of Carlsbad has filed a verified application with the C
Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension as shown on Exhibits “A” - “C”, dated March 19, 1985, on file i
Planning Department (CUP 268x2) and as provided by the conditions of approval of
268, and Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 17th day of July, 1996, hold a duly noticed public hearing to COI
said application on property described as:
That portion of real property in the City of Carlsbad, County
of San Diego, State of California, as dedicated per document
F.P. 73-237096 of Official Records.
WHEREAS, at said public hearing, upon hearing and considering all testi.
and arguments, if any, of all persons desiring to be heard, said Commission considered all f;
relating to CUP 268x2.
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.
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B) That based on the evidence presented at the public hearing, the Commi
APPROVES the five year extension of Conditional Use Permit, CUP 268 (
268x2), based on the following findings and subject to the following conditic
Findings:
1. That the Planning Director has determined that the project is exempt fron
requirements of the California Environmental Quality Act (CEQA) per Section 153
of the State CEQA Guidelines and will not have any adverse significant impacts c
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 the fire station is needed to serve existing and f
development in the southwest quadrant.
3. That the site for the intended use is adequate in size and shape to accommodate the L
that the fire station and all ancillary improvements continue to fit on the site.
4. 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 M
provided and maintained, in that the existing landscaping and walls, along
topographic characteristics, adjust the fire station to its residential surrounding
5. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that Batiquitos Lane is a collector street w
maximum traffic capacity of 10,000 trips per day.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit exte
for the municipal fire station project entitled “Fire Station No. 4”. (Exhibits ‘
“C”, on file in the Planning Department and incorporated by this reference, dated IC
19, 1985), subject to the conditions herein set forth. Staff is authorized and direc
make or require the Developer to make all corrections and modifications t
Conditional Use Permit Extension Documents, as necessary to make them inte
consistent and conform to Planning Commission’s final action on the PI
Development shall occur substantially as shown on the approved exhibits. Any pro
development substantially different from this approval, shall require an amendm,
this approval.
2. This Conditional Use Permit is extended for a period of five (5) years from the d
expiration with a new expiration date of June 18, 2000. This Conditional Use I
shall be reviewed by the Planning Director on a yearly basis to determine if all conc
of this permit have been met and that the use does not have a substantial negative
PC RES0 NO. 3957 -2-
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on surrounding properties or the public health and welfare. If the Planning Dil
determines that the use has such substantial negative effects, the Planning Director
recommend that the Planning Commission, after providing the permittee the oppor~
to be heard, add additional conditions to reduce or eliminate the substantial ne5
effects. This permit may be revoked at any time after a public hearing, if it is founc
the use has a substantial detrimental effect on surrounding land uses and the pu
health and welfare, or the conditions imposed herein have not been met. This permi
be extended for a reasonable period of time not to exceed five (5) years upon w
application of the permittee made no less than 90 days prior to the expiration date.
Planning Commission may not grant such extension, unless it finds that there a
substantial negative effects on surrounding land uses or the public's health and welfa
a substantial negative effect on surrounding land uses or the public's health and welf
found, the extension shall be denied or granted with conditions which will elimin;
substantially reduce such effects. There is no limit to the number of extensior
Planning Commission may grant.
3. All other conditions contained in Planning Commission Resolutions No. 243(
3021, except as modified herein, remain in full force and effect.
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PC RES0 NO. 3957 -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 17th day of July 1996, b
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mo
Nielsen, Noble, Savary
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
hi&-
WILLIAM COMPAS, Chairpgrson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
Planning Director
PC RES0 NO. 3957 -4-