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Home My WebLink About1982-01-13; Planning Commission; Resolution 1910sl 7 m 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 1910 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A CIRCUS EVENT IN A PARKING LOT ON PROPERTY GENERALLY LOCATED ON THE WESTERLY EDGE OF THE PLAZA CAMINO REAL SHOPPING CENTER ADJACENT TO MARRON ROAD. APPLICANT: CIRCUS VARGAS CASE NO: CUP-2 10 WHEREAS, a verified application has been filed with 7 city of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a req a 9 10 11 12 13 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal the Planning Commission did, on the 13th day of January, 1982 a duly noticed public hearing to consider said application on llproperty described as: 14 15 16 A portion of Lot 27 of Carlsbad Tract 76-18 accordinc Map No. 8956. WHEREAS , at said public hearing, upon hearing and 17 18 considering all testimony and arguments, if any, of all persol desiring to be heard,,said Commission considered all factors 19 relating to CUP-210. 20 21 A) That the foregoing recitations are true and correct. 22 Commission of the city of Carlsbad as follows: B) That based on the evidence presented at the public hearin! 23 Commission APPROVES CUP-210, based on the following findi~ 24 subject to the following conditions: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc 25 Findings : 11 26 11) The proposed Conditional Use Permit is consistent with thc 27 city's current general plan designation, Intensive Regioni Retail, which applies to this property. 28 //// //// If c - I/ e 0 1 2 3 4 5 2) The proposed Conditional Use Permit will not result in an! nificant environmental impacts since the circus is categorically exempt from the Carlsbad Environmental Protc Ordinance as per Section 19.04.070( 6c) . 3) The subject property can adequately accommodate the circa since sufficient area is available for the circus, parkin5 all necessary appurtenances, and since the site is relatiT level and already paved requiring no significant site modifications or alteration. 6 4) All of the features necessary to adjust the requested use 7 all existing uses in the area will be provided and maintai 8 9 5) Adequate public facilities necessary to serve the propose( circus will be available since: a. The subject site is served by an adequate public strc 10 system; 11 12 13 14 b. The site is accessible from the freeway and from sew other access points; c. The applicant will be providing adequate sanitary, electric and water service to the property for the duration of the circus. 1 ~~ Cond it ions : 15 1 ) Approval is granted for CUP-210, as shown on Exhibit "A", 16 December 28, 1981, on file in the Planning Department and 17 substantially as shown on this exhibit unless otherwise no 18 incorporated by reference. Development shall occur in these conditions. 2) The days and hours of circus performances shall be as foll 19 February 2 (8 P.M. to 10:30 P.M.), February 3rd and 4th, 1 (4:30 P.M. to 10:30 P.M.). 20 3) The subject property shall be cleared of all equipment and 21 temporary improvements and returned to its pre-existing st no later than noon on February 5, 1982. 22 23 located on the site and cleaned daily. 25 24 requirements and recommendations of the Police, Fire, and 6) A certificate of liability insurance in an amount not less 26 $1,000,000 personal liability and $500,000 property damage 27 naming the city as the additionally insured shall be appro1 the City Manager prior to the commencement of the circus. 28 //// 4) The applicant shall obtain the approval and comply with a1 other affected city departments. 5) A minimum of 9 male and 9 female portable toilets shall be PC RES0 #1910 -2- 11 0 0 1 2 7, 9, 4 8) 3 5 6 7 10) 8 The applicant shall obtain a special event business licer from the City Clerk prior to commencement of the circus. The applicant shall provide traffic control people as rec by the City Police Department. The applicant shall fix and/or replace any city or privat owned items damaqed by the proposed use. The applicant s post a bond in the amount to be determined by the City Engineer prior to commencement of the circus to secure tk condition. All portions of the 44' wide access road along the wester and northerly sides of the parking lot shall be clearly E "No Parking - Fire Access Lane" at all times for the durz of the circus. 9 11) Any landscaping damaged shall be replaced by Circus Varg; lo 11 12) All tents and similar structures shall comply with all 12 14) Standby firemen, as provided in the Municipal Code may be l3 13) An inspection by the Fire Department shall be conducted F 16 15) The applicant shall submit a detailed site plan showing 15 14 applicable state and local requlations. to opening of the facility. required by the Fire Marshall. location of tent and accessory equipment to the Fire Mars for his approval prior to the opening of the circus. 17 16) 18 19 20 21 22 23 24 25 26 27 28 This conditional use permit is granted for three days a y for a five year period at the specific location described herein. This conditional use permit shall be reviewed by Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use not have a significant detrimental impact on surrounding properties or the public health and welfare, If the Plan Director determines that the use has such significant adv impacts, the director shall have authority to add additio conditions to mitigate the significant adverse impacts. applicant may appeal any director decisions to the Planni Commission. This permit may be revoked at any time after public hearing, if it is found that the use has a signifi detrimental affect on surrounding land uses and the publi health and welfare or the conditions imposed herein have 1 been met. This permit may be extended for a reasonable p~ of time not to exceed five years upon written application the permittee made not less than 90 days prior to the expiration date, In granting such extension, the Planninc Commission shall find that no substantial adverse affect ( surrounding land uses to the public's health and welfare 1 result because of the continuation of the permitted use. substantial adverse affect on surrounding land uses Or thl 1 C RES0 NO. 1910 -3- > 4 - I1 0 0 1 2 3 public's health and welfare is found, the extension shall considered as an original application for a conditional 1 permit. There is no limit to the number of extensions tk Planning Commission may grant. PASSED, APPROVED AND ADOPTED at a regular meeting Of 4 Planning Commission of the city of Carlsbad, California, held 5 13th day of January, 1982, by the following vote, to wit: 6 7 AYES : Chairman Farrow, Commissioners Marcus, Romb NOES: None. Schlehuber, Jose, Friestedt and L'Heureux. 8 ll ABSENT: None. 9 10 11 12 ABSTAIN: None. ~-&?&L&K/ 1 , k=$! 'c lldPqJiL/L F"/i$r- - \k2. VERNON'&--FARROW, 3% ...,, ChairmE i ,, CARLSBAD PLANNING COMMISSION 18 19 20 21 22 23 11 24 25 26 27 28 PC RES0 NO. 1910 -4- II