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Home My WebLink About1996-11-06; Planning Commission; Resolution 3991L- e a ! L 1 2 3 4 5 6 7 8 9 io 11 12 13 14 l< I I I i I ! 1 j i I I i 1 .1 PLANNING COMMISSION RESOLUTION NO. 3991 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 FIVE MODULAR OFFICE BUILDINGS ON PROPERTY GENERALLY LOCATED AT THE CITY OF CARLSBAD’S SAFETY SERVICES CENTER ON ORION WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CITY OF CAUSBAD CASE NO: CUP 295x2 WHEREAS, the City of Carlsbad “Developer” has filed a verified applic with the City of Carlsbad regarding property owned by the City of Carlsbad ‘‘Ov described as A portion of Lots A and B of Rancho Agua Hedionda, according to map 823 filled November 16,1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona ”I ij :i 10 i Planning Department (Conditional Use Permit CUP 295x2) as provided by the conditio 17 1 Permit Extension as shown on Exhibits 2 & 5 dated August 1, 1996, on file in the Car approval of CUP 295 and Chapter 21.54 of the Carlsbad Municipal Code; and 1 s 1 I I i 1‘) I I ! WHEREAS, the Planning Commission did, on the 6th day of November 20 i I) j hold a duly noticed public hearing as prescribed by law to consider said request; and 21 ;j 22 : li WHEREAS, at said public hearing, upon hearing and considering all testi, 33 [I ~ and arguments, if any, of all persons desiring to be heard, said Commission considered all fi I1 24 11 relating to CUP 295x2. i 1 I 25 i WHEREAS, on October 1, 1986, the Planning Commission approved CUI ?I6 j as described and conditioned in Planning Commission Resolution No. 2622; and !/ 27 /I i I 28 I I f 0 a - 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 WHEREAS, on August 19, 1992, the Planning Commission approved 295x1 as described and conditioned in Planning Commission Resolution No. 3419. 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 Comm APPROVES Conditional Use Permit Extension, CUP 295x2, based o following findings and subject to the following conditions: Findings: 1. That the Planning Director has determined that the project is exempt fion requirements of the California Environmental Quality Act (CEQA) per Section 153 the State CEQA Guidelines and will not have any adverse significant impacts o 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 Plar 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 prl adequate public service by the Carlsbad Unified School District. 3. That the site for the intended use is adequate in size and shape to accommodate the u that the modular office building and all ancillary improvements continue to j 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 w provided and maintained, in that the existing landscaping and increased setback adequate to screen the use. 5. That the street system serving the proposed use is still adequate to properly hand traffic generated by the proposed use. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use P extension for the project entitled City of Carlsbad (CUP 295x2) (Exhibits 2 and 5, August 1, 1986 on file in the Planning Department and incorporated by this refer< subject to the conditions herein set forth. Staff is authorized and directed to ma require the Developer to make all corrections and modifications to the Conditiona Permit documents, as necessary to make them internally consistent and in confo PC RES0 NO. 3991 -2- c 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 e with final action on the project. Development shall occur substantially as shown c approved exhibits. Any proposed development substantially different from this app shall require an amendment to 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 October 31,2001. This Conditional Use F shall be reviewed by the Planning Director on a yearly basis to determine if all cond of this permit have been met and that the use does not have a substantial negative ( 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 opport to be heard, add additional conditions to reduce or eliminate the substantial ne€ 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 permil 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 a1 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 welfi found, the extension shall be denied or granted with conditions which will elimina substantially reduce such effects. There is no limit to the number of extension Planning Commission may grant. 3. All other conditions of approval contained in Planning Commission Resolution: 2622 and 3419, shall remain in full force and effect for CUP 295x2, excel modified by Condition No. 2 above. .... . . .. .... .... .... .... . . .. . . .. .... PC RES0 NO. 3991 -3 - e * 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 6th day of November 1996,k following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Mo Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSTAIN: None d&- * WILLIAM COMPAS, Chairpedon CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL JMLZ~LLER Planning Director PC RES0 NO. 3991 -4-