HomeMy WebLinkAbout1979-08-08; Planning Commission; Resolution 1538u .w 0 0
1 PLANNING COMMISSION RESOLUTION NO. 1538
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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
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7 WHEREAS, a verified application has been filed with the C
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of Carlsbad, California, and referred to the Planning Commissic
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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
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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:
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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
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WHEREAS, the subject project has been processed through
19 lenvironmental review and has complied with the requirements of
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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.
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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
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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
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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,
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2)
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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.
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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.
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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
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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.
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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
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2 recitations are true and correct.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the above
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6 ATTEST:
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STEPHE M. L ' HEUREUX
Chairman
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JS c. mGkI Sedretary
''* / Q$~LSBAD PLAN~ING C~MMISSION .,' ,/.' ,/
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CUP-163
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1 STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
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I, JAMES C. HAGAMAN, Secretary to the Planning
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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
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CUP-163, Dean /'