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HomeMy WebLinkAbout1996-08-21; Planning Commission; Resolution 3971* Y 0 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 PLANNING COMMISSION RESOLUTION NO. 3971 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OCCUPATION OF A MODULAR OFFICE BUILDING ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND PI0 PIC0 DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CITY HALL MODULARS CASE NO: CUP 248x2 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 Conditions Permit Extension as shown on Exhibits “A” - “D”, dated June 20, 1984, on file i Planning Department (CUP 248x2) and as provided by the conditions of approval of 248, 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 21st day of August 1996, hold a duly noticed public hearing to COI said application on property described as: A portion of Tract 117 of Carlsbad Lands, according to Map No. 1661 filed March 1, 1915, County of San Diego, State of California. 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 fi relating to CUP 248x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: I ..* c 0 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comm APPROVES the five year extension of Conditional Use Permit, CUP 248 248x2), based on the following findings and subject to the following conditil Findings: 1. That the Planning Director has determined that the project is exempt fror requirements of the California Environmental Quality Act (CEQA) per Section 15: 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 commm 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 modular offices are still necessary to pr adequate public service for the Finance, Purchasing and Risk Manage Departments. 3. That the site for the intended use is adequate in size and shape to accommodate the t that the modular office building and all ancillary improvements continue to : 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 v provided and maintained, in that the existing landscaping and walls, along topographic characteristics, adjust the structure to its office and surroundings. 5. That the street system serving the proposed use is adequate to properly handle all t generated by the proposed use, in that Carlsbad Village Drive is a secondary ar with a capacity of 20,000 daily trips and the current traffic, including that gene by the modular office building, is approximately 19,000 average daily trips. Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit exte for the modular office building project entitled “City Hall Modulars”. (Exhibits ’ “D”; on file in the Planning Department and incorporated by this reference, dated 20, 1984), subject to the conditions herein set forth. Staff is authorized and direct make or require the Developer to make all corrections and modifications tc Conditional Use Permit Extension Documents, as necessary to make them inter consistent and conform to Planning Commission’s final action on the prl Development shall occur substantially as shown on the approved exhibits. Any pro1 development substantially different from this approval, shall require an amendme this approval. 1 PC RES0 NO. 3971 -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 2. This Conditional Use Permit is extended for a period of five (5) year from the d expiration with a new expiration date of September 23, 2000. This Condition: Permit shall be reviewed by the Planning Director on a yearly basis to determine conditions of this permit have been met and that the use does not have a subs negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such Substantial negative effect Planning Director shall recommend that the Planning Commission, after providir permittee the opportunity to be heard, add additional conditions to reduce or eliminz Substantial negative effects. This permit may be revoked at any time after a 1 hearing, if it is found that the use has a Substantial detrimental effect on surroundin1 uses and the public's health and welfare, or the conditions imposed herein have no met. This permit may be extended for a reasonable period of time not to exceed fi year 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 p~ health and welfare. If a Substantial negative effect on surrounding land uses ( 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 li the number of extensions the Planning Commission may grant. 3. All other conditions of approval contained in Planning Commission Resolution 3095 and 2322, shall remain in full force and effect. for CUP 248x2, exce modified by condition No. 2 above, ... ... ... ... ... ... ... ... ... ... ... I I PC RES0 NO. 3971 -3 - 1 /I (I) e 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 21st day of August 1996, 1 following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Mc Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: lIVL*/ 'L & MICHAEL J. HBLZMILXER Planning Director PC RES0 NO. 3971 -4-