HomeMy WebLinkAbout2001-02-07; Planning Commission; Resolution 49071
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PLANNING COMMISSION RESOLUTION NO. 4907
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW IMPROVEMENTS
AT, AND ESTABLISH A CUP FOR, CHASE FIELD, AN
EXISITNG CITY PARR IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CHASE FIELD
CASE NO.: CUP 00-16
WHEREAS, City of Carlsbad Parks and Recreation Department,
“Developer,” has tiled a verified application with the City of Carlsbad regarding property owned
by the City of Carlsbad, “Owner,” located at the southwest comer of Chestnut Avenue and
Harding Street (“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “E” dated January 17, 2001, on tile in the Carlsbad
Planning Department, CHASE FIELD - CUP 00-16, as provided by Chapters 11.32, 21.42, and
21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of January 2001 and
on the 7th day of February 2001, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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B)
That the foregoing recitations are true and correct
That based on the evidence presented at the public hearing, the Commission
APPROVES CHASE FIELD - CUP 00-16, based on the following findings and
subject to the following conditions:
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Findinus:
1. The proposed use is: a) necessary and desirable for the development of the community in
that the community benefits from the availability of baseball facilities as a
recreational resource; b) consistent with the General Plan in that the General Plan
School land use designation does not preclude the provision of baseball facilities;
and the General Plan calls for the joint use of facilities between local school districts
and the general community and, c) not detrimental to permitted uses in the OS zone in
that the design and operational features of the facility (i.e. park hours of operation,
24 hour lighting, etc.) minimize its potential for negative impacts to the surrounding
community;
2. The proposed site is adequate in size and shape to accommodate the use in that the
proposed improvements can be easily accommodated on the site with only minimal
removal of existing landscape materials;
3. All features necessary to adjust the requested use to the existing uses are provided in that
the facility will have limited hours of operation consistent with other City parks;
4. The street system serving the proposed use would not be significantly impacted by the
proposed conditional use in that additional vehicle trips would be minimal and
generated outside of peak traffic periods.
Conditions:
1.
2.
3.
4.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Parks and Recreation
Department to make, al1 corrections and modifications to the Conditional Use Permit
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibit and as described in the Planning Commission staff report. Any
proposed development different from this approval, shall require an amendment to this
approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
A. 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
PC RESO NO. 4907 -2.
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of February 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
iE@FF@ N. cmrs~4~ PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4907 -3-