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HomeMy WebLinkAbout1989-10-04; Planning Commission; Resolution 29270 t I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2927 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5 YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW TRASH COLLECTION, RECYCLING AND TRANSFER OPERATIONS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL APPROXIMATELY 1500 FEET NORTH OF PALOMAR AIRPORT ROAD. APPLICANT: COAST WASTE MANAGEMENT CASE NO: CUP 260 EXTENSION WHEREAS, a verified application has been filed with tt Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request i by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Planning Commission did, on the 4th day of October, 1989, hold a du public hearing to consider said application on property described : A portion of 1 ots "A" and "BIl of Rancho Agua Hedionda according to map 823 f i 1 ed November 16, 1986. WHEREAS, at said public hearing, upon hearing and consi testimony and arguments, if any, of all persons desiring to be h Commission considered all factors relating to CUP 260 Extension. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Con the City of Carl sbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the APPROVES CUP 260 Extension, based on the following findings z to the following conditions: Findinss: 1. That the requested use is necessary and desirable for the dew the community, is essentially in harmony with the various el objectives of the general plan, and is not detrimental to exi is to be located; or to uses specifically permitted in the zone in which the pr 2. The subject site has proven to be adequate in size and accommodate the ongoing Coast Waste Management Operations. 1 e v 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 3. That all of the yards, setbacks, walls, fences, landscaping, features necessary to adjust the requested use to existing or future uses in the area are provided and being maintained; 4. That the street system serving the proposed use is adequate tc hand1 e a1 1 traffic generated by the proposed use. (Ord. 9252 1970: Ord. 9060 51401). 5. The environmental impacts of this project have already been 1 during the approval of CUP 260 resulting in the issuance of ; Declaration dated December 1, 1984. Staff, therefore, has issue of Prior Environmental Compl iance on September 22, 1989. 6. There will be no substantial adverse impacts on surrounding la to the public's health and welfare due to the continuation of 7. The applicant has satisfactorily complied with all the conc approval imposed upon CUP 260 as stated in Planning Commission No. 2388. Staff has reviewed these conditions and determined are adequate and still in effect as conditions of approval fc Extension. Conditions: 1. The conditions of approval for CUP 260, contained in Planning Resolution No. 2388 are sti 11 in effect and will serve as the of approval for CUP 260 Extension. Resolution No, 2388 is at incorporated herein by reference. 2. This project shall comply with all conditions and mitigation r the Zone 5 Local Facilities Management Plan approved by the Ci on August 4, 1989, incorporated herein and on file in thc Department and any future amendments to the Plan made pri issuance of building permits. 3. This conditional use permit is granted for a period of 5 years, from the date of approval for CUP 260 Extension, October 4, 1 conditional use permit shall be reviewed by the Planning Dirc yearly basis to determine if all conditions of this permit hav and that the use does not have a significant detrimental surrounding properties or the public health and welfare. If th Director determines that the use has such significant adverse in providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This be revoked at any time after a pub1 ic hearing, if it is found tt has a significant detrimental affect on surrounding 1 and us( public's health and welfare, or the conditions imposed hereil been met. This permit may be extended for a reasonable period ( to exceed 5 years upon written appl ication of the permittee ma than 90 days prior to the expiration date. In granting such P1 anning Director shall recommend that the P1 anning Commi ss PC RES0 NO. 2927 -2- t ll 0 w 1 2 3 4 5 the Planning Commission shall find that no substantial adverse surrounding land uses or the publ ic's health and welfare w' because of the continuation of the permitted use. If a s adverse affect on surrounding land uses or the publ ic's health a is found, the extension shall be considered as an original appli a conditional use permit. There is no limit to the number of the Planning Commission may grant. PASSED, APPROVED, AND ADOPTED at a regular meeting of th 6 1989, by the following vote, to wit: 7 Commission of the City of Carlsbad, California, held on the 4th day t 8 9 AYES: Chairman Hall, Commissioners: McFadden, Marc NOES : None. Schramm, Schlehuber, Holmes & Erwin. 10 I/ ABSENT : None. 11 ABSTAIN : None. 12 ' 13 14 15 16 ATTEST : CARLSBAD PLANNING COMMISSION . . . . . . . . . . . . . . 17 18 19 11 PLANNING DIRECTOR I 2o /I 21 22 23 24 25 26 27 PC RES0 NO. 2927 -3- 28