HomeMy WebLinkAbout1979-01-10; Planning Commission; Resolution 1487ll w w
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PLANNING COMMISSION RESOLUTION NO. 1487
FESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAFGSBAD, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO PRESENT A BIG TOP CIRCUS (CIRCUS VARGAS) AT PLAZA CAMINO REAL.
CASE NO. : CUP-160
APPLICANT : JOHN LYONS
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WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission: an
WHEmAS, said verified application constitutes a reques
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal Co
the Planning Commission did on the 13th day of December, 197
hold a duly noticed public hearing to consider said applicat
on property described as:
~ i generally located on the north east corner of
the May Company parking lot at Highway 78 and
El Camino Real, Assessors book 167, page 26,
parcel 17.
WHEREAS, the City of Carlsbad, acting as Lead Agency,
~ has determined the project to be categorically exempt from
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the provisions of the Carlsbad Environmental Protection Ordi
by Section 19.04.090 (c.3), which exempts minor temporary us
~ of land having negligible, or no permanent effects on the
environment, including carnivals, etc.; and
WHEREAS, at said public hearing a staff report was subn
and all persons wishing to speak on the subject request were
heard. At the conclusion of said hearing, after considerati
of all evidence presented, the Planning Commission found the
following facts and reasons to exist:
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1. The Land Use map of the General Plan designates the sit
as Intensive Regional Retail. The proposed CUP would confor to this designation.
2. All necessary public facilities are currently in existe
on the site. Special arrangements will be made with police
1 fire departments to serve this project.
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I 3. The requested use is desirable for the development of
the community, is essentially in harmony with the various
elements and objectives of the genral plan, and is not detri to existing uses or to uses specifically permitted in the zo
in which the proposed use is to be located;
4. That the site for the intended use is adequate in size
~ and shape to accommodate the use;
' 5. That all of the yards, setbacks, walls, fences, landsca
~ and other features necessary to adjust the requested use to
~ existing or permitted future uses in the neighborhood will b
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provided and maintained;
6. That the street system serving the proposed use is adeq
to properly handle all traffic generated. by the proposed use
WHEREAS, the Planning Commission, bu the following vote
APPROVED CUP-160, with the following conditions:
1. Approval is granted for the days January 9-11, 1979, inclusive, for performances beginning at 8:OO P.M. on Tuesda January 9, and at 4:OO P.M. and 8:OO P.M. on Wednesday and
Thursday, January 10 and 11.
2. Approval is granted for the land described in the appli and accompanying plot plan. The use shall be located substa tially as shown on the plot plan, except as indicated elsewh herein.
3. Prior to commencement of the use, all aspects of the pl shall be approved by the Police and Fire Departments to insu
public safety. Any requirements of those departments shall
complied with prior to commencement of the use. It shall be
responsibility of the operator of the use to secure the appr
required herein.
4. No damage to the paved surface of the parking lot or pu
right-of-way, such as breakage, warpage or punctures shall o
from any of the proposed activities.
a. A $1000 bond shall be posted for any damage that m occur to the parking lot and/or traffic way surfaces.
damage does occur and is not corrected to the satisfact
of the utilities maintenance director within two weeks
after occurrence, the bond shall be forfeited.
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5. Site maintenance for the use shall be approved by the
Utilities Maintenance Director prior to commencement of
use. Any requirement of the Utilities Maintenance Direc
shall be complied with prior to commencement of the use.
shall be the responsibility of the operator of the use t
secure the approvals required herein.
6. Prior to commencement of the use, a precise plan of circ facilities operations and parking shall be approved by t City Engineer to insure efficient traffic circulation tk
out the shopping center parking lot and City streets. I
shall be the responsibility of the operator of the use t secure the approval required herein.
7. A Certificate of Liability Insurance in an amount of not
less than $1,000,000 Personal Injury and $500,000 Propel
Damage shall be approved by the City Manager prior to
commencement of the use.
8. The dismantling of all equipment and restoration of the
and roadway shall be accomplished by noon, January 12, 1
9. A minimum of ten portable sanitary stations will be provided for use by circus patrons.
10. If circus equipment and vehicles are kept at the dead-er
portion of Haymar Drive, as proposed, approval for this
storage must be obtained from the City of Oceanside.
11. Prior to commencement of the use, the applicant shall
obtain a Speical Events Business License from the City (
12. Provisions will be made, setting forth traffic control
measures, including but not limited to traffic and
security persons so assigned, in order to ensure maximur
public safety in accordance with the Fire, Police, and
Engineering Departments of the City of Carslbad.
AYES: L'Heureux, Schick, Larson, Marcus
NOES : Jose
ABSENT: Rombotis, Wrench
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio
of the City of Carlsbad that the above recitations are true
and correct.
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t , ‘t .. e-- .“-&Ad\, :* ,- A’> .,~ , i- “t-e.. ;.mu\ A.+<\Qi&
STEPHEN M. L ‘H[E%REUX i CHAI
CARSLBAD PLANNING COJ$MISSI
ATTEST :
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STATE OF CALIFORNIA 1 2
CITY OF CARLSBAD
COUNTY OF SAN DIEGO 1
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4 I, JAMES C. HAGAMAN, Secretary to the Planning
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hereby certify that the foregoing resolution, No. 1487, CUP-1 6
Commission of the City of Carlsbad, California, do
meeting of said Commission held on the 10th day of January, 1 9
the Planning Commission of the City of Carlsbad at a regular 8
Circus Vargas was duly introduced, approved and adopted by 7
10 by the following role call vote, to wit:
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AYES: Commissioners Schick, Larson, L'Heureux
NOES: None
13 11 ABSTAIN: Commissioners Wrench, Rombotis
34 11 ABSETN: Commissioners Jose, Marcus
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