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HomeMy WebLinkAbout1974-11-12; Planning Commission; Resolution 1115e- .@ c t I 2 3 4 5 6 7 8 9 10 11 " I"" "7 z PLANNING COMMISSION RESOLUTION NO. 1115 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY I. OF CARLSBAD, CALIFORNIA, CONCERNING THE CONDITIONAL .,' 'USE PERMIT TO ALLOW A RETAIL SALES NURSERY AT THE .. MARJA ACRES COUNTRY STORE LOCATED ON THE SOUTH SIDE OF EL CAMINO REAL, 800' EAST OF KELLY DRIVE AND WEST OF THE PRESENT CITY BOUNDARY. CASE NO. CUP-98 APPLICANT: JAY F. AND MARYON D. HOFFMAN WHEREAS, a verified application for a certain property, tc wit: That portion of lots E and I of Rancho Agua Hedionda in the County of San Diego, State of California, according to Map No. 823 filed in the office of the San Diego County Recorder on November 16, 1896 and further described on file in the Planning Department. l2 l3 has been filed with the City of Carlsbad and referred to the Planning. Commission; and 14 WHEREAS, said verified application constitutes a request l5 WHEREAS, the applicant has complied with the Public Facil, 18 place specified in said notice on November 12, 1974; ana I'7 WHEREAS, the public hearing was held at the time and in t. 16 provided by Title 21 of the "Carlsbad Municipal Code"; and 2o Policy of the City of Carlsbad and has provided the necessary l9 information which insures Public Facilities will be available 21 and current with need; and 22 ,23 requirements of the City of Carlsbad "Environmental Protection 24 Ordinance of 1972", and the project was declared to have a non 25 si.gnificant impact on the environGent for the reasons that the 26 project will be adjacent to an already developed commercial us1 27 WHEREAS, at said public hearing, upon hearing and conside 28 reasons to exist: 31 the Conditional Use Permit and found the following facts and 30 to be heard, said Commission considered all factors relating t 29 the testimony and arguments, if any, of all persons who desire WHEREAS, the subject application has complied with the 32 c b /I 0- em I/ 1 2 3 4 5 6 7 8 1) The requested use is necessary and desirable for development of the community and is essentially in harmony with the General Plan because it will augmen existing commercial uses in the same vicinity. 2) The site is adequate in size and is well suited topographically and in shape for the proposed use. 3) The conditions of approval for the CUP provide for landscaping, fences and setbacks which will adjust t proposed use to existing and future uses in the area 4) El Camino Real and Kelly Drive are adequate to hand1 traffic generated by the proposed use. I 9 10 11 3.2 13 14 15 16 31 18 19 20 21 22 23 24 25 26, 27 28 29 30 31 32 I NOM, THEREFORE, BE IT RESOLVED by the Planning Commission the City of Carlsbad, California, as follows: That a Conditio Use Permit is approved for use of said property to allow a retail sales nursery and subject to the following conditions: 1) 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 plot plan labeled Exhibit A, except or unless indica otherwise herein; said Exhibit A dated 10/25/74. 2) Unless the use is inaugurated not later than one yea after the date the approval is granted and is dilige pursued thereafter, this approval will automatically become null and void. 3) All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and an, other governmental entity shall be complied with. 4) No signs or advertising of any type whatsoever shall erected or installed until plans therefore have been approved by the City of Carlsbad. 5) All areas shown as parking areas shall be surfaced w asphaltic concrete and shall be visibly marked out1 i individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to fi inspection of structure or structures by the Buildin! Department. The surface shall be kept in a reasonab' good state of repair at all times. 6) All 1igh.ting shall be arranged to reflect away from adjoinfng properti,es and streets. 7) All outside storage areas shall be screened. from adjacent property and streets. -2- b+ * . .. /I 0" 0. 1 2 3 4 5 6 7 8 8) Interior landscaping of parking areas shall be prov. in a manner acceptable to the Planning airector. Si minimum area of landscaping shall be equivalent to : of the area of the lot excluding required perimeter landscaping. 9) An incombustible trash enclosure shall be provided c a size and location acceptable to the Planning Direc and said area shall be enclosed with a fence and/or wall of sufficient height to adequately shield the a Said fence and/or wall shall include a sol id gate. 10) A detailed landscape and sprinkler plan prepared by landscape architect, shall be submitted to the Planr Director for consideration and approval. 9 11) All utilities to any structure approved herein shall 3.0 supplied by underground feed. 3.1 3.2 13 14 35 16 17 18 3-9 20 21 22 23 24 25 12) All public improvements shall be made in conformity the Subdivision ordinance and other City Standards, the satisfaction of the City Engineer, without cost the City of Carlsbad and free of all liens and encum brances. 13) Prior to any construction, the applicant shall submi plans to the appropriate entity providing domestic water to the proposed development, for its approval the location, type and adequacy of water lines, and this Fi're Department for approval of the location of fi're hydrants. 14) Th.e applicant shall install all required fire hydran and dry-stand pipes prior to framing construction, a said fire appurtenances shall be functional prior to commencing such work. 15) This project shall be reviewed five years from date 1 approval by the Planning Commission to insure compli, with all requirements of the Conditional Use Permit. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on November 12, 1974: by the following vote, to wit: , AYES: Commissioners Watson, Wrench, Fikes, Jose, Caslc I 26 27 NOES: None ABSENT: Commissioner Dominguez 2% 29 30 ATTEST: ABSTAIN: None ,k .-? <. . , .. '7; / ,-/ ,. /'?&.,A". &A&&., MARY CA~LER, ChaiGin 31 u 32 Exm&xi+ ;\ ll -3- /I