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HomeMy WebLinkAbout1978-09-13; Planning Commission; Resolution 1467w v 1 2 3 4 PLANNING COMMISSION RESOLUTION NO. 1467 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A SCHOOL OF DANCE. 5 ll CASE : CUP-155 f3 I/ APPLICANT: Victor Moreno 7 WHEREAS, a verified application for certain property, 8 Laguna Drive and Beech Avenue, and more particularly describe 9 generally located on the west side of Roosevelt Street betwee 10 11 12 13 That portion of Lot 23 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921, lying Northeasterly of a straight line connecting the mid-points of the Northwesterly and Southeasterly line of said lot l4 1. The project is to be located in an already developed, 21 following reasons: 20 Environmental Impact has been issued on this project for the l9 WHEREAS, a Declaration of Negative (Non-Significant) 18 provided in Title 21 of the Carlsbad Municipal Code; and I? WHEREAS, said verified application constitutes a request 16 Planning Commission; and l5 has been filed with the City of Carlsbad and referred to the 22 urbanized area. 23 August, 1978, hold a duly noticed public hearing as prescribc 27 WHEREAS, the Planning Commission did on the 23rd day of 26 the proposed structure; and 25 3. The parcel is flat and will require no grading to consti 24 2. The property is devoid of significant vegetation or wilc 28 I law to consider said request; and il -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 I /I 2o I 21 22 23 24 25 26 27 28 W v WHEREAS, at said public hearing of August 23rd, 1978, an upon hearing and considering testimony and arguments, if any, all persons who desired to be heard, said Commission consider all factors relating to the Conditional Use Permit (CUP-155) found the following facts and reasons to exist: That the requested use is desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detri to existing uses or to uses specifically permitted in the zon in which the proposed use is to be located because the propos ballet school will be providing a community service and is an allowed use in the zone district and general plan classificat where it is proposed for location. That the site for the intended use is adequate in size a shape to accommodate the use. That all of the yards, setbacks, walls, fences, landscap and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained because it is required as a condition approval by this conditional use permit. That the street system serving the proposed use is adequ to properly handle all traffic generated by the proposed use; WHEREAS, the Planning Commission by the following roll c vote recommended APPROVAL of CUP-155, pursuant to the followi conditions: 1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plan submitted and labeled Exhibit A, dated July 13,1978. 2. That the proposed dance school comply with all codes and regulations of the City of Carlsbad. 3. That suitable landscaping and irrigation be provided in conformance with a plan approved by the Planning Director. S plan to incorporate water conservation measures and to be app prior to the issuance of building permits. Said landscaping be maintained in a healthy, weed free condition. 4. A solid masonry wall 42" high in the required front yard setback and 6' in height for the remainder of the lot, will b placed along the southern property line no later than six (6) after the completion of the building. -2- II - w I/ 1 6. The dance school and any activity in the building or on 3 with revised plot plan, Exhibit A, dated July 13, 1978. 2 5. The applicant will provide fifteen (15) off-street grounds will have hours of operation not to exceed 8:OO A.M. 4 1O:OO P.M. 5 7. Any dancing performance or instruction conducted outside 6 7 will require special approval from the Planning Director. 8 week prior to said event. 9 9. Performances open to the public will not be held at the lo 10. No dancing instruction or performance shall be conducted l1 solid masonry wall as referenced above. parking spaces of required dimension, and placed in accordanc building will occur during daylight hours, and no later than 8. Any special event, such as a rummage sale, fund raiser, Applicant shall request such approval in writing at least one outside the building prior to the completion of the required 12 13 AYES : Rombotis, Schick, Marcus, Jose, Larson NOES : None 14 19 18 D PLANNING CQJiQIISSION 17 16 ABSENT: L'Heureux, Wrench 15 ABSTAIN: None ATTEST : 24 25 26 27 28 -3- w . w STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD ) ss I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 13th day of September, 1978 by the following roll call vote: AYES : Rombotis, Schick, Larson, Marcus, Jose NOES : None ABSTAIN : Wrench ABSENT: L'Heureux