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HomeMy WebLinkAbout1975-12-10; Planning Commission; Resolution 1208- F -,e I, 1 2 3 4 5 6 7 8 e e 9 10 11 12 PLANNING COMMISSION RESOLUTION 1298 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE CONDITIONAL USE PERMIT TO ALLOW ASSEMBLING OF THE WORLD'S LARGEST LIVING TREE FROM DECEMBER 10, 1975 TO DECEMBER 15, 1975 ON PROPERTY LOCATED ON THE WESTERN SIDE OF THE PLAZA CAMINO REAL SHOPPING CENTER PARKING LOT NORTH OF MARRON ROAD. CASE NO: CUP 115 APPLICANT: NEIL FARR !dHEREAS, a verified application for a certain property, to wit: Portions of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian Lots 40, 41, 42 and portions of lots 39 and 13-17, Map 11 36 Eucalyptus and more particularly described in the files of the City Planning Department, has been filed with the City of Carlsbad and referred to the P1 anning Commi! 13 Public Facilities will be available and current with need; and 18 the City of Carlsbad and has provided the necessary information which insur, 17 WHEREAS, the applicant has complied with the Public Facility Element 0' 16 Title 21 of the "Carlsbad Municipal Code"; and 15 . WHEREAS, said verified application constitutes a request as provided b: 14 and 19 WHEREAS, the subject application has complied with the requirements of 20 21 City of Carlsbad "Environmental Protection Ordinance of 1972" because under (1) The requested use is necessary and desirable for the develc 32 B) That the Planning Commission makes the following findings of facl 31 A) That the above recitations are true and correct. 30 Carlsbad as follows: 29 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City 28 Commission considered a1 1 factors re1 ating to the Conditional Use Permit. 2'7 testimony and arguments, if any, of all persons who desired to,be heard, sa 26 WHEREAS, at said public hearing, upon hearing and considering the 25 in said notice on December 10, 1975; and 24 WHEREAS, the public hearing was held at the time and in the place spec 23 Ordinance, the activity applied for is categorically exempt; and 22 Section 19.04.090(3) of Title 19 of the Carlsbad Environmental Protection a 1 e e 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 29 30 31 32 C) ment of the community because: a) The project is a community activity fostering goodwill a harmony among citizens of the community. (2) The requested use is in harmony with the Elements and objecti of the General Plan because: a) The project does not conflict with any policies or objec ives of any of the General Plan Elements. (3) The requested use is not detrimental to existing uses or uses permitted in the zone in which the requested use is to be located because: a) The requested use is a logical extension of the existing regional commercial use of the proposed site. (4) The site for the intended use is adequate in size and shape t accommodate the use because: a) The site is paved, has adequate access from adjoining streets, and adequate parking areas. (5) All features necessary. to adjust the requested use to existir uses in the neighborhood will be provided and maintained because: a) All such features have been made conditions of approval this request. That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to appr Case No. CUP 115, subject to the following conditions: (1 ) The approval is granted for the land described in the appl ici and any attachments thereto, and as shown on the plot plan submitted and labeled Exhibit A, dated 11-25-75. The locatic of a1 1 structures, roadways, parking areas and other feature! shall be located substantially as shown on the plot plan labc Exhibit A, except or unless indicated otherwise herein. (2) Approval is granted for the days December 11 th through 15, 1' inclusive, from 7-8 P.M. (3) Prior to commencement of the use, the applicant shall submit letter to the Planning Director accepting responsibility for commencing the use prior to the appeal period established by Section 21.50.100 of the Carlsbad Municipal Zoning Ordinance (4) Prior to commencement of the use the applicant shall cause t platform structure to be inspected by a structural engineer. Said structural engineer shall certify to the Building Direc that the platform is safe prior to commencement of the use. (5) No traffic lane in the parking lot shall be obstructed by th project. (6) All liability for operation of the use required shall be assumed by the applicant to the satisfaction of the City Att (7) Prior to commencement of the use the structure or its plans be inspected by the Fire Marshal 1. -2- T 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 29 30 31 32 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting held on the 10th day December, 1975, of the Carlsbad City Planning Commission, by the following AYES : Commissioners Watson, Larson, Dominguez, L'Heureux, Fik and Jose NOES : None ABSENT: Commissioner Packard ABSTAIN: None ATTEST: -3-