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HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 4178c 0 0 *r 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. 4178 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMPUTER NETWORKING SERVICE AND REPAIR USE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CAMINO VIDA ROBLE AND OWENS AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: OPTIMAL INTEGRATED SOLUTIONS CASE NO.: CUP 97-05 WHEREAS, Mansour Architectural Corporation, has filed a verified applic with the City of Carlsbad regarding property owned by Ayman Suleiman and Maze1 Suleiman, “Owner”, described as Parcel 1 of Parcel Map No. 17886 filed in the Office of the County Recorder of San Diego County, July 30,1997, File No. 97-362973. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Permit as shown on Exhibit(s) dated “A” - “H” dated October 15, 1997, on file in the Carl Planning Department, CUP 97-05, as provided by Chapter 21.42 of the Carlsbad Muni Code; and WHEREAS, the Planning Commission did, on the 15th day of October 3 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testin and arguments, if any, of all persons desiring to be heard, said Commission considered all fa1 relating to CUP 97-05. 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. r \ 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 i 0 0 B) That based on the evidence presented at the public hearing, the Commi APPROVES Conditional Use Permit CUP 97-05, based on the folk findings and subject to the following conditions: FindinEs: 1. That the requested use is necessary or desirable for the development of the communi 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 whicl proposed use is located, in that a) the computer networking service and repair usc support the surrounding industrial; b) the Carlsbad Airport Centre Specific implements the underlying Planned Industrial General Plan designation and found to be in compliance with the General Plan; c) the project is consistent surrounding industrial development in architectural and site design to el proper functioning, will not generate more ADT in the area than anticipated b General Plan; 2. That the site for the intended use is adequate in size and shape to accommodate the u that building coverage is 18% while 50% is allowed and landscaping (24%) ex1 the minimum 15% required. 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 m provided and maintained, in that landscaped setbacks will screen parking employee eating areas and loading areas. Adequate vehicle circulation has provided to accom-modate vehicle and truck turning movements on site. All amenities required by the Carlsbad Airport Centre Specific Plan are pro’ onsite consistent with development regulations. Access to the site will be providc a shared driveway onto Owens Avenue thereby reducing the number of drive along this roadway. 4. That the street system serving the proposed use is adequate to properly handle all t generated by the proposed use, in that the street system would operate at accep levels since ADT generated by the proposed industrial use is consistent with does not exceed that analyzed by the General Plan EIR 93-01. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Permit fi project entitled SDP 97-10 - OPTIMAL INTEGRATED SOLUTIONS (Exhibit(s - “H” dated October 15, 1997, on file in the Planning Department and incorporat this reference, subject to the conditions herein set forth.) Staff is authorized and di~ to make, or require Developer to make, all corrections and modifications t’ Conditional Use Permit document(s), as necessary, to make them internally cons and in conformity with final action on the project. Development shall occur substar PC RES0 NO. 4178 -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 0 0 as shown in the approved Exhibits. Any proposed development substantially difl from this approval, shall require an amendment to this approval. 2. This Conditional Use Permit is granted for a period of ten (10) years. This Condil Use Permit shall be reviewed by the Planning Director on a yearly basis to determ all conditions of this permit have been met and that the use does not have a subst, negative effect on surrounding properties or the public health and welfare. I Planning Director determines that the use has such Substantial negative effect: Planning Director shall recommend that the Planning Commission, after providin permittee the opportunity to be heard, add additional conditions to reduce or eliminat Substantial negative effects. This permit may be revoked at any time after a p hearing, if it is found that the use has a substantial detrimental effect on surrounding uses and the public’s health and welfare, or the conditions imposed herein have not met. This permit may be extended for a reasonable period of time not to exceed ten years upon written application of the permitted made no less than 90 days prior t 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 pul health and welfare. If a Substantial negative effect on surrounding land uses o 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 lir the number of extensions the Planning Commission may grant. 3. Approval of CUP 97-05 is granted subject to the approval of SDP 97-10. CUP 97- subject to all conditions contained in the Planning Commission Resolution for CUI 10. ... ... ... ... ... ... ... ... ... ... I ~ PC RES0 NO. 4178 -3 - I r 1 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Pial. 2 /I Commission of the City of Carlsbad, California, held on the 15th day of October 1997, @ 3 4 5 6 7 8 9 10 11 12 13 14 15 following vote, to wit: AYES: Chairperson Nielsen, Commissioner Compas, Heineman Noble NOES: None ABSENT: Commissioner Monroy, Savary and Welshons ABSTAIN: None -.." . ..? CARLSBAD PLANNING COMMISSION ATTEST: 16 17 18 19 20 21 22 23 24 25 26 27 Planning Director 1 28 PC RES0 NO. 4178 -4-