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HomeMy WebLinkAbout1979-08-08; Planning Commission; Resolution 1538u .w 0 0 1 PLANNING COMMISSION RESOLUTION NO. 1538 2 3 4 5 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE AN EXISTING AUTO IMPOUND YARD ON TWO LOTS ON TYLER STREET. CASE NO. : CUP163 ~ APPLICANT : Harry Dean I1 t5 I1 7 WHEREAS, a verified application has been filed with the C 8 g of Carlsbad, California, and referred to the Planning Commissic and 10 WHEREAS, said verified application constitutes a request i 11 provided by Title 21 of the Carlsbad Municipal Code; and 12 WHEREAS, pursuant to the provisions of the Municipal Code 13 property described as: 15 duly noticed public hearing to consider said application on 14 the Planning Commission did, on the 25th day of July, 1979, ho: 16 17 That portion of Lot 7 of Industrial Tract, according to Map No. 1743 as filed in the office of the County Recorder o the State of San Diego, January 3, 1923; and 181 WHEREAS, the subject project has been processed through 19 lenvironmental review and has complied with the requirements of 20 21 City of Carlsbad Environmental Protection Ordinance of 1972 an( 1. No significant plant or animal species or environmental 24 following reasons: 23 A Negative Declaration, Log No. 554, has been issued for the 22 the State Environmental Quality Act in that: features will be affected by the proposed project. 25 /j 2. Similar developments exist in the area without any - 26 and all persons desiring to speak on the subject proposal were 28 WHEREAS, at said public hearing a staff report was submit. 27 significant environmental impacts; and .. 1- li e 0 1 all evidence presented, the Planning Commission found the 2 heard.. At the conclusion of said hearing, upon consideration following facts and reasons to exist: 3 4 FINDINGS /I 5 1) The use of this property as an auto storage yard is community and is consistent with the General Plan. 6 necessary and desirable for the development of the 7 8 9 a) The General Plan designation, RS, Regional Service, allows this type of use. b) The proposed Village Redevelopment Plan indicates that the area will retain its light industrial uses, 10 11 2) 12 13 14 15 16 3) The auto storage yard is not detrimental to the surround: uses or to uses permitted in the zone. a) The yard is compatible with other manufacturing uses. The yard will not generate any noxious odors, noises, or traffic. b) The fencing and landscaping, as required in the conditions, will shield the surrounding uses from the yard. The site is adequate in size and shape to accommodate the storage yard. 17 18 19 20 21 22 a) There is adequate space on these lots for the storage yard. 4) All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the storage yard to existing or permitted future uses in the neighborhood will be provided and maintained as required by the conditions. 5) The street system is adequate to handle the traffic since little traffic will be generated by this use. 23 25 24 6) This project meets all the requirements of the Public has been filed. 28 7) This project has been processed through Environmental 27 b) There will be no effect on the local schools. 26 use. Facilities Policies and Ordinances. a) There will be no increase in the sewer demand or Review as required by Title 19 and a Negative Declaration -2- '*, 7h 0 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 I1 WHEREAS, the Planning Commission, by the following vote, approved CUP-163, subject to certain conditions: Conditions 1) CUP-163 is approved as shown on Exhibit A, dated July 18, 1979, on file in the Planning Department. The approval is for Assessor's Parcel Numbers 204-070- 02 and 204-070-04. 2) This Conditional Use Permit shall expire and all uses pursuant to it shall cease 5 years after the date of issuance. This expiration period may be extended upon written application of permittee for a reasonable period of time not to exceed five years. In granting such extension, the Planning Commission shall find that no substantial adverse effect on surrounding land uses will result because of the continuation of the permitted use. If a substantial adverse effect on surrounding land uses is found, the extension shall be considered as an original application for a Conditional Use Permit. There is no limit on the number of extensions the Planning Commission may grant. 3) This CUP will be reviewed by the Planning Department in ninety days to ensure compliance with the conditions. If any of the conditions have not been met, or are violated, the Planning Department shall present a report to the Planning Commission. 4) Any auto impounding operation currently being conducted on Assessor's Parcel No. 204-070-07, (which is the weste most lot, and not included in this approval) shall cease immediately and all autos currently on that lot shall be removed. 5) All vehicles must be stored on the property inside the fenced areas, including tow trucks and any employee vehicles. 6) All activities will be conducted inside the fence. Only the delivery and pick-up of autos, and other duties associated with impounded vehicles, are permitted 7) Only impound cars will be stored on these lots. No auto wrecking or dismantling or stacking of vehicles is allowed. 8) Access to Assessor's Parcel Nos. 204-080-02 and 204-070- which comprise the approved impound yard, shall be from Tyler Street only. No access is permitted across the ea ment. If access rights are proved to the satisfaction o City Attorney, the applicant may use the easement for ac subject to the approval of the Planning Director. I -3- -. . .b 0 0 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 I 9) The applicant shall remove both residences as shown on Exhibit A, dated July 18, 1979, on file in the Planning Department within 90 days of approval of this CUP. 10) The applicant shall place redwood staking along the fence on Tyler Street, on the alley, and on the fence adjacent to the concrete cutting contractor's lot, 204- 070-03. 11) The applicant shall landscape the Tyler Street frontage with longifolia acacias at 5' centers in a 3 foot wide landscaped area. The landscaping shall be irrigated witk a permanent irrigation system. 12) The fences and landscaping shall be properly maintained by the applicant. 13) Any lighting provided to illuminate any portion of the subject property shall be so arranged so as to reflect away from adjacent properties. 14) The applicant shall construct a 5' Mide asphaltic walkwal contiguous with the existing edge of pavement along Tyler Street and shall improve the driveway access to the satisfaction of the City Engineer. 15) The applicant shall make available to the City Attorney such documents as are necessary to prove title to the eas in question. Said legal determination shall be made no later than 90 days from the date of approval of this CUP. 16) The applicant shall apply for an adjustment plat to consc date lots 204-070-02 and 204-070-04 within 90 days of approval of this CUP, in order to assure legal access to 204-070-04. Should the City Attorney determine that legz access to said lot currently exists, no adjustment plat E be required. 17) The applicant shall sign an agreement not to oppose the formation of an assessment district for the improvement of Tyler Street. 18) Any future expansion beyond these two lots will require the approval of the Planning Commission. AYES : L'Heureux, Schick, Marcus, Jose, Larson NOES : None ABSENT : Wrench ABSTAIN : Rombotis // -4- ..... , * a e 1 2 recitations are true and correct. NOW, THEREFORE, BE IT HEREBY RESOLVED that the above 3 +*.,: ,& T r :\ ! ?\ 4 5 6 ATTEST: 7 .d&" - i""\.., STEPHE M. L ' HEUREUX Chairman 8 9 10 lic 12 13 14 15 16 17 18 19 / /7) ./"y y . .&a<m i _c ,;w&&&g& JS c. mGkI Sedretary ''* / Q$~LSBAD PLAN~ING C~MMISSION .,' ,/.' ,/ -5- CUP-163 20 21 22 23 24 25 26 27 28 -.a . I * * e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 19 I1 20 I 21 I 22 23 24 25 26 27 28 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD 1 1 1 ss I, JAMES C. HAGAMAN, Secretary to the Planning i 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 8th day of August, 1979, by the following roll call vote: AYES : L'Heureux, Schick, Marcus, Jose, Larson NOES : None ABSTAIN: Rombotis, Wrench ABSENT: None ,,I CUP-163, Dean /'