HomeMy WebLinkAbout1996-08-07; Planning Commission; Resolution 3963.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
e 0
PLANNING COMMISSION RESOLUTION NO. 3963
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT EXTENSION TO ALLOW THE
CONTINUED OPERATION OF A DRIVE THRU KIOSK ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF FARADAY AVENUE AND EL CAMINO REAL,
IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: FEDERAL EXPRESS
CASE NO: CUP 300x2
WHEREAS, Federal Express has filed a verified application with the Ci
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 April 1, 1987, on file in the Plar
Department and as provided by the conditions of approval for CUP 300x1 and by Ch
21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 7th day of August 1996, hold a duly noticed public hearing to cor
said application on property described as:
Parcel C of Parcel Map No. 1703, portion of Lot B of Rancho
Agua Hedionda, in the County of San Diego, State of
California, according to Map thereof No. 823.
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to CUP 300x2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
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 the second five year extension of Conditional Use Permit,
c
1
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
0 0
300 (CUP 300x2), based on the following findings and subject to the foll’
conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commw
essentially in harmony with the various elements and objectives of the General Pla
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the kiosk provides convenient package drop-o
occupants of the industrial zone and does not interfere or negatively impac
surrounding uses.
2. That the site for the intended use is adequate in size and shape to accommodate the I
that the kiosk and all necessary circulation are existing and have been functi
adequately within the confines of the site.
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 rn
provided and maintained, in that the kiosk does not interfere or adversely impac
existing and future industrial and office uses, rather it complements these us
providing a needed service.
4. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that El Camino Real and Faraday Avenu
arterial or collector streets that have capacity for the approximately 100 trip
day generated by the kiosk.
Conditions
1. The Planning Commission does hereby approve the Conditional Use Permit Extel
for the drive thru kiosk project entitled “Federal Express”. (Exhibits “A - C” on 1
the Planning Department and incorporated by this reference, dated April 1, 1987), SI
to the conditions herein set forth. Staff is authorized and directed to make or requil
Developer to make all corrections and modifications to the Conditional Use PC
Extension Documents, as necessary to make them internally consistent and confo:
Planning Commission’s final action on the project. Development shall
substantially as shown on the approved exhibits. Any proposed develor
substantially different from this approval, shall require an amendment to this approv;
2. This Conditional Use Permit is extended for a period of five (5) years, from Septe~
17, 1995 to September 17,2000. This Conditional Use Permit shall be reviewed b
Planning Director on a yearly basis to determine if all conditions of this permit have
met and that the use does not have a substantial negative effect on surrounding propc
or the public health and welfare. If the Planning Director determines that the us1
such substantial negative effects, the Planning Director shall recommend tha
Planning Commission, after providing the permittee the opportunity to be heard 1 1 1 PC RES0 NO. 3963 -2-
?
1
2
3
4
5
6
7
8
9
0 0
additional conditions to reduce or eliminate the substantial negative effects. This 1
may be revoked at any time after a public hearing, if it is found that the use
substantial detrimental effect on surrounding land uses and the public's healt
welfare, or the conditions imposed herein have not been met. This permit m
extended for a reasonable period of time not to exceed five (5)years upon P
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 E
substantial negative effects on surrounding land uses or the public's health and welfi
a substantial negative effect on surrounding land uses or the public's health and wel:
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 extensiol
Planning Commission may grant.
3. All other conditions contained in Planning Commission Resolutions No. 2658
3094, except as modified herein, remain in full force and effect.
10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
11
12
13
14
Commission of the City of Carlsbad, California, held on the 7th day of August 1996, E
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nit
Noble, Savary and Welshons
.' 15
16
17
18
NOES: None
ABSENT: None
ABSTAIN: None
19
20
21
22
23
24
CARLSBAD PLANNING COMMISSION
ATTEST:
25
26
M I. - - MICHAEL J. HO~MIL~R
Planning Director
27
28 PC RES0 NO. 3963 -3 -