The URL can be used to link to this page

Home My WebLink About1987-05-06; Planning Commission; Resolution 26510 0 1 /I PLANNING COMMISSION RESOLUTION NO. 2651 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO SELL AQUACULTURE PRODUCTS FROM A ROADSIDE STAND ON PROPERTY GENERALLY LOCATED ON THE SOUTH END OF THE FISHERMAN'S LANDING PARKING LOT, SOUTH OF TAMARACK AVENUE, EAST OFF OF CARLSBAD BOULEVARD. APPLICANT: SEAFARMS WEST CASE NO: CUP-I94(B) 6 /I WHEREAS, a verified application has been filed with the 71/City of Carlsbad and referred to the Planning Commission; and a WHEREAS, said verified application constitutes a request 9 10: as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, I1 12 the Planning Commission did, on the 6th day of May, 1987, hold a duly noticed public hearing to consider said application on 131/property described as: 14 15 16 17 18 All that portion of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, situated within that portion thereof described in deed to San Diego County Water Company, recorded 3une 17, 1940, in book 1035, page 301 of Official Records by Document No. 28815. Also known as County Assessor Parcel No. 210-010-29. 19 11 WHEREAS, at said hearing, upon hearing and considering all 20 testimony and arguments, if any, of all persons desiring to be 11 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 194(8). 22 heard, said Commission considered all factors relating to CUP- 24 (B) That based on the evidence presented at the public hearing, the 26 (A) That the foregoing recitations are true and correct. 25 Commission of the City of Carlsbad as follows: Commission APPROVES CUP-I94(B), based on the following findings 27 and subject to the following conditions: /I// 28 ll 0 0 I 1 II Findings 2 3 4 5 1. The requested use is desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses, or to uses specifically permitted in the zone in which the proposed use is to be located, for reasons stated in the staff report, dated May 6, 1987. I 6 2. The site for the intended use is adequate in size and shape to accommodate the use, for reasons stated in the staff 7 report. a 9 10 11 12 13 14 3. All of the yards, setbacks, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood, will be provided for reasons stated in the staff report. 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, for reasons stated in the staff report. 5. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on February 25, 1987, and approved by the Planning Commission on May 6, 1987. I 15 discussed in the staff report. 16 6. The project has adequately addressed the criteria required by Section 21.42.010(14) of the Carlsbad Municipal Code as 17 Conditions // 18 19 20 21 22 23 24 I 1) Approval is granted for CUP-194(9), as shown on Exhibit A, dated April 8, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Approval of this amendment does not affect the conditions of approval for CUP-194, previously issued on this project. Those conditions still apply to the aquaculture facility. 2) ’ Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of conditional use permit issuance. I 25 Real Water District, dated May 25, 1983. 26 3) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa 27 I/// liPC RESO. NO. 2651 -2- I 28 \ I 0 0 1 2 3 4 5 4) This approval is for the sale of shellfish products which are grown in Agua Hedionda Lagoon by the applicant. Nothing else shall be sold at this facility. 5) For landscape purposes, the applicant shall place a minimum of eight potted plants around the west and north facing fence. These plants shall be a minimum of two and a half feet tall, excluding the containers. The plants shall be maintained in a healthy and thriving condition. ~ 6 maintained in a clear condition, free from weeds, trash, and debris. 7 6) The premises occupied by the roadside stand shall be 7) Any signs proposed for this development shall be designed in 8 conformance with the City's Sign Ordinance and shall require 9 review and approval of the Planning Director prior to installation of such signs. 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 8) 9) No signage shall be allowed on Carlsbad Boulevard. This conditional use permit is granted for a period of three years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround ing properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the Significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed three years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 25 1/10) Hours of operation shall be limited to daylight hours only. 26j;llii 27 /IPC RESO. NO. 2651 -3- 28 /I a 0 11) Five small standard signs stating, "20 Minute Parking Only" 1 parking spaces required shall meet handicapped requirements. 2 shall be posted at each of the parking spaces. Employees shall park at the existing aquaculture facility. One of the 3 4 5 6 7 8 12) A coastal development permit shall be obtained prior to commencing any business. Engineering 13) This conditional use permit may be revoked or additional conditions of approval may be imposed upon the applicant upon the determination of the City Engineer that access to and from the site poses an unacceptable hazard to the public or upon improvement of the adjacent beach area parking lot. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 the 6th day of May, 1987, by the following vote, to wit: 11 Planning Commission of the City of Carlsbad, California, held on 12 13 14 15 16 17 18 19 I 'I 11 AYES: Chairperson Marcus, Commissioners: Hall, Holmes, Schlehuber, McBane, Schramm. NOES: Commissioner McFadden. ABSENT: None. ABSTAIN: None. - - . - -.".* Z.. . ,.. ,... ATTEST: 1 20 21 22 II PLANNING DIRECTOR 23 11 24 25 26 27 PC RES0 NO. 2651 - 4- 28 I