HomeMy WebLinkAbout1995-03-01; Planning Commission; Resolution 37481
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PLANNING COMMISSION RESOLUTION NO. 3748
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
PLACEMENT AND OPERATION OF A SMALL
RECYCLING COLLECTION FACILITY ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
TAMARACK AVENUE BETWEEN INTERSTATE 5 AND
ADAMS STREET.
CASE NAME: 20/20 RECYCLING FACILITY - VONS
CASE NO: CUP 95-01
WHEREAS, a verified application has been filed with the City of C8
AT TAMARACK
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Cond
Use Permit, as provided by Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 1st day of March, 1995, hold a duly noticed public hea
consider said application on property described as:
Parcels 1 and 3 of Parcel Map No. 501, filed on April 16,1971
in the Office of the County Recorder, City of Carlsbad, County
of San Diego, State of California
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Commission conside
factors relating to CUP 95-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
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 hearing, the Comn
APPROVES CUP 95-01, based on the following findings and subject to the fol:
conditions:
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Findings:
1. That the requested use is necessary or desirable for the development
community because convenient recycling facilities for used beverage contain
a vital part of litter reduction and the reuse of aluminum, glass, and pla
essentially in harmony with the various elements and objectives of the Gener
since it helps in achieving the waste stream diversion goals of the City, dc
interfere with the provision of a safe and adequate parking area, and reduce
impacts on neighboring residents through its location near the freeway; and
detrimental to existing uses or to uses specifically permitted in the zone in wh
proposed use is to be located since the existing drug store and supermarket 1
recycling facilities in close proximity and the facility will be placed
underutilized portion of the parking lot, away from the main customer entr:
2. That the site for the intended use is adequate in size and shape to accommod
use, as demonstrated by the location of the 325 square foot operat
underutilized parking spaces, outside of the parking lot traffic circulation F
and in a location that accommodates truck circulation for the delivery and I
of the roll off bins;
3. That all of the yards, setbacks, walls, fences, landscaping, and other fc
necessary to adjust the requested use to existing or permitted future uses
neighborhood will be provided and maintained, as indicated by the location
small recycling collection facility near the freeway, over 100 feet from residc
designated property, and near the loading and trash collection area of the
drug store;
4. That the street system serving the proposed use is adequate to properly ha1
traffic generated by the proposed use because the small recycling collection
is an ancillary use to the existing nearby commercial uses and no additional
generation will occur due to the facility;
5. The property is located within a convenience zone as designated by the Cal
Department of Conservation;
6. A parking study by staff on January 31, 1995, shows that the existing g
capacity is not already fully utilized in the location proposed for the small re
collection facility and during the time that the facility will be on site;
7. The small recycling collection facility is being located in conjunction with an c
commercial use which complies with City codes, ordinances and design stand,
evidenced by the adequacy of parking lot and loading zone circulation a
provision of the proper amount of parking according to the applicable ordi
at the time of development;
8. The small recycling collection facility meets all applicable development sta~
as evidenced by its size, type of recyclable material collected, location relr
residential areas and hours of operation. The facility does not interfel
PC RES0 NO. 3748 -2-
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pedestrian or vehicular movements since it is located outside of esta
pedestrian and vehicular circulation routes.
Conditions:
1. Approval is granted for CUP 95-01, as shown on Exhibits “A” - “B”, dated M
1995, incorporated by reference and on file in the Planning Depa:
Development shall occur substantially as shown unless otherwise noted iI
conditions. No expansion of the area designated for the small recycling col
facility can occur without the processing and approval of an amendment to C
01. In no case shall the small recycling collection facility exceed five hundrel
square feet in area. The site parking plan (Exhibit “A”, dated March 1, 1
hereby adopted.
2. Approval of this request shall not excuse compliance with all sections of the :
Ordinance and all other applicable City ordinances in effect at time of b
permit issuance.
3. Approval for CUP 95-01 is granted subject to the continuing availability of p
within the commercial center. If the Planning Director determines that the p
area designated for use by the small recycling collection facility is needed
existing or future permitted uses, the applicant must relocate the small re
collection facility within the limits of the commercial center or removed frc
premises, to the satisfaction of the Planning Director and City Engineer.
4. The small recycling collection facility shall accept only glass, metals, ;
containers, and papers. Any expansion to the materials accepted at the facili
require an amendment to CUP 95-01.
5. No power driven processing equipment shall be allowed in conjunction wi
small recycling collection facility.
6. The small recycling collection facility shall use only attractive containt
approved by the Planning Director, that are compatible with the sitc
surroundings area and are constructed and maintained with durable waterpro’
rustproof material.
7. The applicant shall ensure that the containers for the small recycling coll
facility shall be covered and be secure from unauthorized entry or rem0
material when the site is unattended, and be of a capacity sufficient to accomn
materials collected according to an adopted collection schedule, to the satisf
of the Planning Director.
8. The applicant shall store all recyclable materials in containers and shall not
materials outside of containers when an attendant is not present.
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9. The applicant shall maintain the small recycling collection facility free o
odors, litter, rubbish, and any other non-recyclable materials and shall sw
clean at the beginning and end of each collection day.
10. The applicant shall ensure that all noise levels at the small recycling e(
facility shall comply with City ordinances and standards.
11. The containers for the small recycling collection facility shall be clearly mr
the applicant to identify the type of material which may be deposited and thc
shall be clearly marked by the applicant to identify the name and telephone
of the facility operator and the hours of operation, and display a notice stat.
no material shall be left outside the recycling containers.
12. The applicant may display identification signs at the facility with a maxim1
of eight (8) square feet each and which must include the City’s recycling 1(
shall indicate the location of other small recycling collection facilities in C;
subject to approval of the Planning Director.
13. All signs proposed by the applicant must be consistent with the
characteristics of the location and conform to Chapter 21.41 of the C
Municipal Code, and the adopted sign program for the commercial center.
14. The hours of operation of the small recycling collection facility shall be liI
the hours from nine a.m. to seven p.m., Sunday through Friday and eight-thi,
to seven p.m. on Saturday. The facility shall provide attended collections :
at least 30 hours per week.
15. This conditional use permit is granted for a period of five (5) years. This con1
use permit shall be reviewed by the Planning Director on a yearly basis to der
if all conditions of this permit have been met and that the use does not
significant detrimental impact on surrounding properties or the public hea
welfare. If the Planning Director determines that the use has such significant
impacts, the Planning Director shall recommend that the Planning Commissic
providing the permittee the opportunity to be heard, add additional condi
mitigate the significant adverse impacts. This permit may be revoked at a
after a public hearing, if it is found that the use has a significant detriment;
on surrounding land uses and the public’s health and welfare, or the COI
imposed herein have not been met. This permit may be extended for a rea.
period of time not to exceed five (5) years upon written application of the pe
made no less than 90 days prior to the expiration date. In granting such ext
the Planning Commission shall find that no substantial adverse affect on surrc
land uses or the public’s health and welfare will result because of the conti]
of the permitted use. If a substantial adverse affect on surrounding land use:
public’s health and welfare is found, the extension shall be considered as an 4
application for a conditional use permit. There is no limit to the nun
extensions the Planning Commission may grant. If this conditional use
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expires without renewal, the small recycling collection facility shall be removc
the site the day following permit expiration.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 1st day of
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas,
Monroy, Nielsen, and Noble
NOES:
ABSENT: Commissioner Savary
ABSTAIN:
ATTEST:
KIM WE~HONS, Chairperson
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
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