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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. D ° L- >•y UJ Si o d CO-co cc 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 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 t • 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; £? s§ -0 u. ^° i t- < u. O DC " COz O <a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3 1? 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 in co T 13 g 13 ~; GC (N«- < O) o-" a I 14 -I- >•d5 HI «i CM <<O CC — m Z O £ 17 18 19 20 21 22 23 24 25 26 27 28 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) '" *•'* t