HomeMy WebLinkAbout1980-04-15; City Council; 6209-1; Request for expansion of nonconforming usei
CITY bF CARLSBAD
AGENDA BILL NO. 6209-Supplement J ,_ Initial:
Dept.Hd.
DATE: April 15. 1980 - c.. Atty.
DEPARTMENT City Attorney " c- M9r-
Subject:
APPEAL CUP-171, REQUEST FOR EXPANSION OF NONCONFORMING
USE. APPLICANT: COAST WASTE MANAGEMENT.
Statement of the Matter
The City Council, at your April 1, 1980 meeting, directed
the City Attorney to prepare a resolution granting an
appeal of a condition of the Planning Commission approval
of CUP-171. A resolution in that regard is attached.
Exhibit
Resolution No. (Q ) <•/
Recommendation
If the City Council concurs, your action is to approve
Resolution No. 6 / V ? •
Council Action:
4-15-80 Council adopted Resolution 6149, granting an appeal of a condition of the
Planning Commission approval of CUP-171.
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RESOLUTION NO. 6149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS,
GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION, AND APPROVING A CONDITIONAL
USE PERMIT TO ALLOW FOR THE EXPANSION OF A
NONCONFORMING USE IN THE RD-M ZONE LOCATED
ON THE EAST SIDE OF PONTO DRIVE BETWEEN
LA COSTA AVENUE AND SAN DIEGO GAS AND ELECTRIC
POWER PLANT. APPLICANT: COAST WASTE MANAGE-
MENT, CASE NO.: CUP-171.
WHEREAS, the Planning Commission of the City of Carlsbad
California did on March 12, 1980, after public hearing, adopt
Resolution No. 1£00, which is herewith referred to and made a
part hereof, granting a Conditional Use Permit to allow for the
expansion of a nonconforming use in the RD-M Zone generally
located on the east side of Ponto Drive between La Costa Avenue
and San Diego G?.s and Electric Power Plant, more particularly
described as:
That portion of the south two-thirds of Lot 4 (southeast
quarter of the southeast quarter) of Section 29, Township
12 South, Range 4 West, San Bernardino Meridian, in the'
County of San Diego, State of California, according to
official plat thereof recorded in the Office of the County
Recorder on November 4, 1948;
and
WHEREAS, the applicant properly filed an appeal of a
condition of the Planning Commission approval relating to the
location of the proposed structure; and
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WHEREAS, the Planning Director has determined that said
Conditional Use Permit will have a nonsignificant impact on the
environment and a Negative Declaration has been prepared and filed
in satisfaction of the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1972 and the California
Environmental Quality Act;
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WHEREAS, the City Council, on April 1, 1980, held a duly
noticed public hearing to consider the appeal at which time
evidence, testimony and arguments of all persons desiring to
present such was received;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the finding made by the Planning Commission in
Resolution No. 1600 constitute the findings of the City Council
and, in addition, the Council finds, based on the evidence
presented at the public hearing, that no substantial injury to
the property rights of others would occur if the structure, which
is the subject of the appeal, is located in the place proposed
by the applicant, subject to the conditions imposed herein.
This finding is made in substitution of Planning Commission
finding 5(a).
C. That the applicant's appeal is hereby granted and
that CUP-171 shall be approved subject to the following conditions:
1. Except for Condition No. 8, the condition of
approval contained in Planning Commission Resolution No. 1600
shall be the conditions of this approval.
2. Subject to Condition 3, the proposed building
may be located in the area proposed by the applicant as shown
on Exhibit A, dated November 28, 1979, on filed with the
Planning Department and incorporated by reference.
3. The proposed building shall be set back 10 feet
from the eastern property line unless the applicant applies for
and is granted a variance to reduce the setback.
2.
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PASSED, APPROVED'AND ADOPTED at a regular meeting of the
City Council of the Carlsbad, California on the 15th day of
April , 1980 by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis and
Councilwomen Casler and Kulchin
NOES: None
ABSENT: None
•RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L.. RAUTENKRANZ, City Clerk
(SEAL)
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