HomeMy WebLinkAbout1996-09-18; Planning Commission; Resolution 39821
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PLANNING COMMISSION RESOLUTION NO. 3982
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, APPROVING THE
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CITY OF CARLSBAD COMMUNITY DEVELOPMENT
FACILITY ON PROPERTY GENERALLY LOCATED AT 2075
LAS PALMAS.
CASE NAME: CITY OF CAIUSBAD
CASE NO.: CUP 294x2
WHEREAS, the City of Carlsbad has filed a verified application which has
been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditional
Use Permit Extension as shown on Exhibit “TI - 1 through 6“, dated July 9, 1986, on file
in the Carlsbad Planning Department and as provided by the conditions of approval of CUP
294x1 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 4th day of September, 1996, and the 18th day of September,
1996, hold a duly noticed public hearing to consider said application on property described
as:
Lot 5 of Carlsbad Tract 80-33 in the City of Carlsbad, County of San
Diego, State of California, according to Map No. 10061 on file with the
County Recorder’s Office.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 294x2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct. I ...
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES the five year extension of Conditional Use Permit, CUP 294x1
(CUP 294x2), based on the following findings and subject to the following
conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
the General Plan, and is not detrimental to existing uses specifically permitted in the
zone in which the proposed use is located, in that the Community Development
office provides Planning, Engineering, and Building services to Carlsbad
residents from a centrally located facility. The Community Development
facility, a public building which is a conditionally permitted use, is compatible
with the surrounding office and industrial uses residing in the Planned
Industrial (P-M) zone.
2. That the site for the intended use is adequate in size and shape to accommodate the
use, in that the facility provides the necessary amenities in accordance with the
P-M zone standards.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary
to adjust the requested use to existing or permitted future uses in the neighborhood
will be provided and maintained, in that maintenance of the building and
surrounding landscaping is ongoing and a trellis patio cover and patio tables
will be provided for the required outdoor employee eating area.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that Las Palmas Drive and Camino Vida
Roble operate at acceptable levels.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit
extension for the continued operation of the City of Carlsbad Community
Development facility project entitled “CUP 254~2”~ (Exhibits TI-1 through 6 on
file in the Planning Department and incorporated by this reference, dated July 9,
1986), subject to the conditions herein set forth. Staff is authorized and directed to
make or require the Developer to make all corrections and modifications to the
Conditional Use Permit Documents, as necessary to make them internally
consistent and conform to the Planning Commission’s final action on the project.
Development shall occur substantially as shown on the approved exhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
I 1 PC RES0 NO. 3982 -2-
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2. This Conditional Use Permit is granted for a period of five years from July 17;
1996 through July 17,2001. This Conditional Use Permit shall be reviewed by the
Planning Director on a yearly basis to determine if all conditions of this permit have
been met and that the use does not have a substantial negative effect on surrounding
properties or the public health and welfare. If the Planning Director determines that
the use has such substantial negative effects, the Planning Director shall recommend
that the Planning Commission, after providing the permittee the opportunity to be
heard, add additional conditions to reduce or eliminate the substantial negative
effects. This permit may be revoked at any time after a public hearing, if it is found
that the use has a substantial detrimental effect on surrounding land uses and the
public’s health and welfare, or the conditions imposed herein have not been met.
This permit may be extended for a reasonable period of time not to exceed five
years upon written application of the permittee made no less than 90 days prior to
the expiration date. The Planning Commission may not grant such extension,
unless it finds that there are no substantial negative effects on surrounding land uses
or the public’s health and welfare. If a substantial negative effect on surrounding
land uses or the public’s health and welfare is found, the extension shall be denied
or granted with conditions which will eliminate or substantially reduce such effects.
There is no limit to the number of extensions the Planning Commission may grant.
3. All conditions of approval imposed upon CUP 294x1 as stated in Planning
Commission Resolution No. 3263 shall apply as conditions of approval for CUP
294x2 except as amended by Condition No. 2 of this Resolution.
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PC RES0 NO. 3982 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 18th day of
September, 1996, by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, Ni
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
8
v MICHAEL J. HOLZMI~ER
Planning Director
PC RES0 NO. 3982 -4-