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HomeMy WebLinkAbout1974-07-23; Planning Commission; Resolution 1082I B ci ' 1 2 3 4 5 6 '0' NNlNti CUMMISSIUN KtSlJLUIl il) NU. I"8sZ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE CONDI'TIONAL USE PERMIT AFFECTING THE NORTH- WESTERLY' CORNER OF 1-5 FREEMAY AND PALOMAR- AIRPORT ROAD TO ALLOW A DIESEL FUEL SALES AND TIRE SERVICE FACILITY UNDER THE RULES, REGULA- TIONS AND PROVISIONS OF CHAPTER 21.52 OF THE CARLSBAD MUNICIPAL CODE. APPLICANT: MAURICE AND PATSY STONEBREAKER CASE NO: CUP-97 7 8 WHEREAS, a verified application for a certain property, tc 911 wit: 10 31 3.2 13 That portion of lot H of Rancho Aqua Hedionda, City of Carlsbad, County of San Diego, State of California, according to Map 823, filed with the County Recorder, San Diego County Assessor's Parcel 3, Page 170, Book 210, particularly described on file in the Carlsbad Planning Department, 14 Planning Commission; and 15 has been filed with the City of Carlsbad and referred to the place specified in said notice on July 9, 1974; and 19 WHEREAS, the public hearing was held at the time and in tl 18 provided by Title 21 of the "Carlsbad Municipal Code"; and 17 MHEREAS, said verified application constitutes a request i 16 20 WHEREAS, public hearing was continued to July 23, 1974 to 21 24 ease); and 23 of the site to accommodate large trucks (circulation and turnii 22 allow staff time to obtain additional information on the abili. for the following reason: 32 application will not have a significant impact on the Environm 31 of 1972". The Planning Director has determined that the subje 30 ments of the City of Carlsbad "Environmental Protection Ordina 29 WHEREAS, the subject application has complied with the re 28 current with need; and 27 information which insures Public Facilities will be available 26, Policy of the City of Carlsbad and has provided the necessary 25 UHEREAS, t-he applicant has complied with the Public Facil 11 c ., 0 0 3 WHEREAS, at said public hearing, upon hearing and consider 2 (1) The use will be in an already existing facility. 3 following facts and reasons to exist: 6 the consideration of a Conditional Use Permit and found the 5 to be heard, said Cwmission considered all factors relating tc 4 the testimony and arguments, if any, of all persons who desirec 7 8 9 SO 13. 3.2 13 14 15 (-1) It is necessary to rescind the precise plan on the property before the Conditional Use Permit can be issued; (2) ,The diesel service is desirable and necessary becaust there are not presently any such facilities between San Diego and Los Angeles; (3) The proposed use is at junction of 2 major truck rou' and is in an established industrial/freeway service ' use area, thereby making it a compatible use; (4) The site is adequate in size and shape to accomodate proposed use; (5) The accessability and location of the site is very favorable for traffic circulation purposes; 16 (6) With the recommended screening and landscaping the u 17 will not be detrimental to existing or potential use in the same area. 18 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 19 the City of Carlsbad, California, as follows: That a Conditio 20 Use Permit is APPROVED for use of said property to allow a die 21 fuel sales and tire service facility subject to the following 22 conditions: 23 24 25 2 6' 27 28 29 30 31 32 (1 ) A detailed landscape and sprinkler plan, showing scr ing of the tire storage area which abuts 1-5 and re- juvenation of existing planter areas, shall be submi to the City of Carlsbad within 30 days after this approval. If said landscaping is not installed with the given time, this Conditional Use Permit will bec null and void; (2) The applicant shall obtain a permit from the City of Carlsbad Fire Department for their fuel storage tank (3) The approval is granted for the land described in th application and any attachments thereto, and as show on the plot plan submitted labeled Exhibit A. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be.located substantially as shown on the plot plan labeled Exhibit A, except or unless indicated otherwise herein. -2- I .- 1 2 3 4 5 6 7 8 9 10 11 3.2 13 14 15 16 17 18 0 0 I i I , (4) Unless the use is inaugurated not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. (5) All requirements of any law, ordinance or regulation of the State of California City of Carlsbad, and any other governmental entity shall be complied with. 1 (6) Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secrel of the Planning Commission written acceptance of the conditions stated herein. (7) All outside storage areas shall be screened from adjacent properties and streets. (8) An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning Director, and said area shall be enclosed with a fence and/or wall of sufficient height to adequately shield the area. Said fence and/or wall shall incluc a solid gate. (9) Interior landscaping of parking areas shall be provic in a manner acceptable to the Planning Director. Sa minimum area of landscaping shall be equivalent to 3% of the area of the lot excluding required perimetl landscaping. (10) The subject project shall be reviewed at five-year intervals by the Planning Commission to ensure that conditions of approval of the Conditional Use Permit especially those regarding landscaping and screening storage have been met. 19 (11) This.Conditiona1 Use Permit shall expire when the us 20 for which it is granted is discontinued for 60 days. 21 22 23 24 25 (12) The applicant shall provide a view obscuring fence, or solid evergreen hedge along the northern property boundary. Said screening shall be installed within days of approval of this Conditional Use Permit. (13) The applicant shall work with the City and Californi Department of Transportation to provide an adequate program for landscape screening for the t'ire storage area. Said landscaping shall be installed with 60 d of approval of this Conditional Use Permit. 2 6, (14) All tire storage shall be no higher than 6 feet. 27 PASSED, APPROVED AND ADOPTED at a regular meeting of the 28 following vote, to wit: 29 of Carlsbad Planning Commission held on July 23, 1974, by the 30 31 32 I AYES: Commissioners Casler, Jose, Wrench, Fikes, Barr NOES: None ABSENT: Commissioner Dominquez -3- * c 1. *. 1 2 31 4 5 6 7 8 9 10 11 32 13 14 35 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 e ABSTAIN: Commissioner Watson ,? <-,...4;; /6’ Lr 1 L-&&.,b, L./i lic-. 4 I 4” Mary Casfler, Chaj’rman ATTEST: Ddnald AT Agatey Secretary -4-