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HomeMy WebLinkAbout1981-03-11; Planning Commission; Resolution 17781 0 0 3. 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 1778 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING AQUACULTURE RESEARCH LABORATORY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN THE ENCINA POWER PLANT AND AGUA HEDIONDA LAGOON. APPLICANT: AQUACULTURE SYSTEMS INTERNATIONAL CASE NO: CUP-194 ~~~ WHEREAS, a verified application has been filed with the 8 9 10 11 12 city of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Codt the Planning Commission did, on the 11th day of March, 1981, 131 hold a duly noticed public hearing to consider said applicatic 14 15 16 17 on property described as: All that portion of Map 823 filed November 16, 1896. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persol l8 1 desiring to be heard, said Commission considered all factors 19 I /relating to CUP-194. 20 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission of the city of Carlsbad as follows: 22 23 24 25 the Commission APPROVES CUP-194, based on the following ' 26 27 of the community and is in harmony with the elements and objectives of the General Plan and is specifically permii 28 in the zone as discussed in the staff report. A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public heari~ findings and subject to the following conditions: Findings: 1) That the requested use is desirable for the development APN: 210-010-29 I , 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 2) That the site is adequate in size and shape to accommoda: the use as discussed in the staff report. 3) As conditioned, the requested use will provide and mainti landscaping for the site. The proposed project will not intrude into any yards or setbacks. 4) That the street system serving the use is adequate to properly handle all traffic generated because the reques. use will only generate six trips a day and necessary pub improvements will be provided by the applicant. 5) That the project will not cause any significant environ- mental impacts and a Negative Declaration was issued by the Planning Director on February 2, 1981 and approved by the Planning Commission on March 11, 1981. 6) That the applicant is required and has agreed to pay a public facilities fee. Payment of the fee will enable this body to find that public facilities will be availab concurrent with need. General Conditions 1. Approval is granted for CUP-194 as shown on Exhibit "A", dated January 8, 1981, incorporated by reference and on file in the Planning Department. Development shall occu substantially as shown unless otherwise noted in these conditions. 2. This project is approved upon the express condition that the applicant shall pay a public facilities fee as requi 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 for payment of said fee a copy of that agreement dated January 8, 1981, is on file with the City Clerk and incorporated herein by reference. If sai fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 3. Approval of this request shall not excuse compliance wit all sections of the Zoning Ordinance and all other appli cable city ordinances in effect at time of building perm issuance. 4. This approval shall become null and void if not utilized within one year from the date of project approval. /I// //// //// PC RES0 #1778 -2- II * .' L e 0 I // Planning Department 2 3 4 5. The applicant shall prepare a detailed landscape and irrigation plan which shall include the use of vines and shrubs to visually screen the building and tanks from Carlsbad Boulevard and shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 5 6 6. Parking lot trees shall be a minimum 15 gallon size. 7. All landscaped areas shall be maintained in a healthy 7 and thriving condition, free from weeds, trash, and debris. 8 9 10 8. A chain link fence with redwood slats shall be constructe along Carlsbad Boulevard of a height sufficient to screen the tanks from Carlsbad Boulevard, but shall not be of a height to block views of the lagoon from this street. The location and height of all fences shall be 11 approved by the Planning Director. 12 9, 13 14 15 16 17 18 This conditional use permit shall expire and all uses pursuant to it shall cease seven years after the date of issuance. This permit may be extended for a reasonable period of time not to exceed seven years upon written application of the permittee made not less than 90 days prior to the date of termination. In granting such an extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses is found, the extension shall be considered as an original application for a conditional use permit. Further, there is no limit to the number of extensions the Planning Commission may grant. 19 I The Planning Director shall review this project as necessary during the term of the permit to ensure that the conditions imposed herein are met. However, the review to the Planning Commission no later than the may be revoked at any time after a public hearing, if affect on surrounding land uses, or the conditions 2o I 21 22 Planning Director shall report the findings of his third year after issuance of this permit. This permit 23 24 it is found that the use has a significant detrimental imposed herein have not been met. 25 //// ll 26 /I //// 27 //I/ il 28 I1 /I// I1 PC RES0 #1778 -3- B *', . 0 * I // PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 Planning Commission of the City of Carlsbad, California, held 1 the 11th day of March 1981, by the following vote, to wit: 4 5 AYES: Chairman Marcus, Commissioners Rombotis, Larson, LE NOES : None L'Heureux, Jose, and Friestedt. 6 7 ABSENT : None ABSTAIN : None. 8 9 10 11 ATTEST: ,.. L- MARY -US, Chairman PLANNING COMMISSI 20 21 ' 22 23 24 25 26 27 28 PC RES0 #1778 -4- ,I