HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4334a e
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PLANNING COMMISSION RESOLUTION NO, 4334
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO REQUIRE
CERTAIN ONSITE IMPROVEMENTS TO AN EXISTING
FACILITY ON PROPERTY GENERALLY LOCATED AT 1991
PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: ARC0 AWM
CASE NO.: CUP 9 1 -03(B)
WHEREAS, The Planning Commission approved a motion at its r
scheduled public hearing of January 21,1998 to set this item for a public hearing; a
WHEREAS, the action regards property owned by Atlantic E
Company, “Owner”, described as
A portion of Lot No.17, Carlsbad Tract No. 73-49, Map No.
8418, City of Carlsbad, County of San Diego, State of
California, File No. 76-389371, Dated 19, November 1976.
(“the Property”); and
WHEREAS, said action regards a Conditional Use Permit Amendment I
on Exhibit(s) “A” dated July 1, 1998, on file in the Carlsbad Planning Departnlenl
AM./€”, CUP 91-03(B), as provided by the conditions of approval of CUP 91-03 and
21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, on the 20th day of November, 1991, the Planning Con
approved CUP 91-03, as described and conditioned in Planning Commission Resolu
3311; and
WHEREAS, on the 18th day of December, 1996 the Planning Cor
approved CUP 91-03(A) and subsequently on the 18th day of June, 1998 said amend]
expire; and
WHEREAS, the Planning Commission did, on the 1st day of July 199
duly noticed public hearing as prescribed by law to consider said amendment; and
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WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CUP amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
APPROVES an amendment to ARC0 AM/PM, CUP 91-03(B) base
following findings and subject to the following conditions:
Findings:
1. That the findings for CUP 91-03 in Planning Commission Resolution No. 3311
valid except as modified herein and pertain specifically to CUP 91-03(B):
a. Finding No. 4 is amended by the addition of the following sentences:
On-site traffic circulation has been observed to create ingress an1
conflicts. As conditioned herein, modifications to the on-site cir
system is expected to mitigate ingress and egress conflicts.
b. Finding No. 10 is replaced by the following:
That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) pel
15301(a) of the State CEQA Guidelines and will not have any adverse si
impact on the environment.
2. That the street system serving the proposed use is adequate to properly handle ;
generated by the proposed use, in that the existing anticipated 2,920 AD'
project is currently supported by the street system and that modificatior
site's ingresdegress will accommodate a smooth transition from the public
the site.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Conditional Use Permit Amendment docwnent(s) nec
make them internally consistent and in conformity with final action on thc
Development shall occur substantially as shown in the approved Exhibits. Any
development different from this approval, shall require an amendment to this
PC RES0 NO. 4334 -2-
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The site plan exhibit of the prior approval Planning Commission Resolution No
superseded by the exhibit dated July 1, 1998, but all conditions of I
Commission Resolution No. 3311 shall remain in full force and effect e
modified herein.
2. The Developer is aware that the City is preparing a non-residential housing irr
(linkage fee) consistent with Program 4.1 of the Housing Element. The app
further aware that the City may determine that certain non-residential projects n
to pay a linkage fee, in order to be found consistent with the Housing Elemel
General Plan. If a linkage fee is established by City Council ordinance and/or rc
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developmel
existing development, in which case, the fee shall be paid on approval of the fi1
parcel map or certificate of compliance, required to process the non-residenti,
whichever pertains. If linkage fees are required for this project, and they are not F
project will not be consistent with the General Plan and approval for this pro-
become null and void.
3. Vendor and gasoline deliveries shall be prohibited during the peak hl
business: 6 A.M. to 9 A.M., Noon to 1 P.M. and 4 P.M. to 6 P.M. Monday I
Friday.
Engineering:
4. Prior to the issuance of building permit, the applicant shall obtain a City r.
way permit to remove the two existing driveway aprons on Camino Vida Rol
replace them with alley-type driveways. The width of the northern drivews
be a minimum of 36 feet with one 16 foot wide ingress and two 10 foot wide
points for left and right turn exits. The width of the southern driveway sh:
minimum of 25 feet with ingress and egress lanes being 12.5 feet. Installa
both driveways shall include painted striping lanes to the satisfaction of tl
Engineer.
5.
I
If any of the foregoing conditions fail to occur; or if they are, by their terms
implemented and maintained over time; if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the 1
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of occ
issued under the authority of approvals herein granted; institute and prosecute litig;
compel their compliance with said conditions or seek damages for their violatic
vested rights are gained by Developer or a successor in interest by the City's appr
this Conditional Use Permit.
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~ PC RES0 NO. 4334 -3 -
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from July 1,1998 to protest imposition of these fees/exactions. If yo1
them, you must follow the protest procedure set forth in Government Code Section 6602(
file the protest and any other required information with the City Manager for proce
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely foll
procedure will bar any subsequent legal action to attack, review, set aside, void, or am
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection T
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the P
Commission of the City of Carlsbad, California, held on the 1st day of July 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Mc
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
v MICHAEL J. HOLZMILLM
PC RES0 NO. 4334 -4-