HomeMy WebLinkAbout1980-03-12; Planning Commission; Resolution 1600I- J
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PLANNING COfiLVISSION RESOLUTION NO. 1600
i RESOLUTION OF TIiE PLANNING COMPKCSSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PEWTIT TO ALLOW FOR THE
EXPANSION OF A NON-CONFORMING USE IN THE RD-PI
ZONE LOCATED ON THE EAST SIDE OF PONTO DRIVE
BETWEEN LA COSTA AVENUE AND SAN DIEGO GAS & ELECTRIC POWER PLANT. APPLICANT : COAST WASTE MANAGEMENT
CASE NO: CUP-171
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; anc
WHEREAS, 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 Coc
the Planning Commission did, on the 13th day of February, 19:
hold a duly noticed public hearing to consider said applicat.
on property described as:
That portion of the south two-thirds of Lot 4 (southeas. quarter of the southeast quarter) of Section 29, Townsh.
12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to
official plat thereof recorded in the Office of the COUI
Recorder on November 4, 1948.
WHEREAS, the subject property has complied with the reqi
ments of the City of Carlsbad's Environmental ProtectZion Ord:
of 1972 and the State Environmental Quality Act in that the
project has been processed through environmental review and i
Negative Declaration, Log No. 628, has been issued for the
following reasons:
1. The site has been previously developed and therefore thc proposed structure will not have any adverse impacts on any significant environmental resources.
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2. No additional landform alteration or site modifications is proposed which could result in any potentially significant environmental impacts.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all perst
desiring to be heard, said Commission considered all factors
relating to CUP-17 1.
NOW, THEREFORE, BE IT HEREBY resolved by the Planning
Commission of the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hear:
the Commission finds the following findings and conditic
to exist:
Findings:
1. This project is consistent with the General Plan Land U!
Element since it meets the provisions for unique and special uses.
2. This project is consistent with all applicable public facility policies and ordinances and with the public facilities element since:
a. Sewer service is currently provided by the City of
Carlsbad's County Water District.
b. Water service is currently provided by the City of
Carlsbad.
c. Gas and Electric service is provided by SDGsrE.
d. All necessary on-site and adjacent public improveme are existing or will be required as conditions of approval.
e. The applicant has proposed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available
concurrent with need as required by the General P1c
3. This use is desirable for the development of the communi and is not detrimental to existing ok proposed uses beca /I/// I //I/ -2-
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a. The proposed use is existing and the proposed buil
will enclose the repair and maintenance operations
b. The use will be removed within 5 years of approval of this Conditional Use Permit.
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will house activities already conducted on-site. 6
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4. The site is adequate in size and shape to accommodate t
use because:
a. There will be no change in use, The proposed buil
7 b. The proposed building will be located in a current under utilized area.
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9 areas because:
5. The use has been adequately adjusted to the surrounding
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a. The building will be located in an area that will :
affect any adjacent uses.
b. The use will be removed within 5 years of the apprl
of the Conditional Use Permit.
13 6. The street system is adequate to service the use becaus
which is capable of handling the traffic from this use. 14
the property is located adjacent to Carlsbad Boulevard,
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7. This project meets all other requirements of the Carlsbi
Municipal Code.
Conditions:
1. Approval is granted for CUP-171 and development shall o(
substantially as noted in these conditions. The applici
shall submit a revised site plan to the Planning Departr incorporating these conditions prior to issuance of building permits.
2. The proposed building shall meet all the requirements established by the City Building Official and the Uniform Building Code (Section 18.04.005).
3. A building permit shall be obtained prior to commence me^
of any work on the proposed building (Section 18.04.025)
4. All non-conforming uses and structures shall be removed
from the site within 5 years from the date of approval c
this CUP. In the event such uses and structures are not
removed, the City shall institute zone enforcement procc
to insure compliance with the existing RDM zone (Sectior
21.48.080 (d) (3)). /////
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5. This Conditional Use Permit shall be recorded at the
Office of the County Recorder within 5 days of approval
of the resolution for CUP-171. The applicant shall provi
evidence of this prior to issuance of building permits
(Section 21.48.080(d) (3).
6. An employee parking area for 20 cars shall be provided
on-site. The improvement plans for the parking area shal
be submitted to and approved by the City Engineer prior t
the issuance of a building permit.
7. The storage area along the west property line shall be
screened by use of landscaping or wood slats in the chair link fence. Such screening shall be approved by the
Planning Department prior to final occupancy of the struc
8. The proposed building as shown on Exhibit A dated 11/28/: shall be relocated to the north and setback 10' from the eastern property line to alocation acceptable to the Planning Director. The building shall not be located adjacent to any existing uses or structures. The applicz
shall submit a revised site plan indicating said relocat: which shall be subject to the approval of the Planning Director prior to the issuance of a building permit.
9. The applicant shall eliminate all drainage from the subjc
property onto adjacent lots. The drainage on the properi
shall be designed to the satisfaction of the City Enginec
prior to the issuance of a building permit.
10. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on
file with the City Clerk and incorporated herein by
reference, and according to the agreement executed by the applicant, dated January 11, 1980, is on file with tl
City Clerk and incorporated herein by reference. If saic
fee is not paid as promised, this application will not bc consistent with the General Plan and the project cannot proceed and this approval shall be void.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
on the 12th day of March, 1980, by the following vote, to wit
AYES : Schick, Marcus, Leeds, Larson
NOES : None
ABSENT: Friestedt, Rombotis ABSTAIN: Jose ATTEST: