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HomeMy WebLinkAboutMCUP 09-05; YADA FARMS; Admin Decision Letterf 4°f~ C I T Y O F · ~p CARLSBAD Planning Division October 26, 2011 ltsuko Yada 1835 Buena Vista Way Carlsbad, CA 92008 /\~o1.£fl & IO I z_ 7 / 11 311~□ www.carlsbadca.gov SUBJECT: MCUP 09-05 -ITSUKO YADA FARMS -Request for approval of a Minor Conditional Use Permit (Original CUP 230(A) expired 5/17/94) to allow for the continued operation of a 40,040 square foot greenhouse located at 2928 Valley Street on the east side of Valley Street between Carlsbad Village Drive and Buena Vista Avenue in the R-1 Zone and in Local Facilities Management Zone 1. Dear ltsuko Yada, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 09-05 -ITSUKO YADA FARMS to allow for the continued operation of a 40,040 square foot greenhouse located at 2928 Valley Street. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on June 6, 2011 ). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, approves this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that one of the primary goals of the Land Use Element of the General Plan is promoting the economic viability of agricultural and horticultural industries. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the flower growing operation is an established integrated use within the area since 1983 and staff is not aware of any complaints or concerns regarding the greenhouse operation. The project site is bordered to the east by existing greenhouses and a nursery operation; a church and single family residences to the south; and single family residences to the north and west. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other uses in the neighborhood in that the 4.39 acre site has demonstrated to be more than adequate in size and 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • MCUP os;.o5 -ITSUKO vJA FARMS ·.: ··October 26:; 20J 1~ Page 2 • shape to accommodate the ongoing. greenhouse operations while observing standard R-1 setbacks. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that Valley Street with a maximum capacity of 10,000 ADT and ADT of 2,175 is adequate to handle the 19 ADT's associated with the green house operation. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have·a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -(Existing Facilities), of the state CEQA Guidelines. In making this determination, the Planning Director has found that the· exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed use, must be met prior to approval of a building permit. 1: Approval is granted for MCUP 09-05-ITSUKO VADA FARMS as shown on Exhibit "A" dated October 12, 2011 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be .implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have fhe right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; ·deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said • conditions or seek damages for their violation. No·vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit . . 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 09-05 documents, as necessary to make them internal!Y consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall .require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arlsing, -MCUP 09-05 -ITSUKO YADA FARMS October 26, 2011 Page 3 directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Developer shall submit to Planning Director a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 8. This Minor Conditional Use Permit is granted in perpetuity. MCUP 09-05 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 substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 9. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 1 O. Prior to the issuance of a building permit, owner/applicant shall submit to th.e City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. . Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. MCUP oe-05 -ITSUKO vJA FARMS October 26, 2011 Page4 • 11. All lighting shall be shielded from glare on adjoining properties. 12. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that-which is shown on the permit application. Engineering General .13. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Grading 14. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices in.elude but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 15. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPP.P) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 16. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include; but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Utilities ·17. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Code Reminders: 18. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein: i, ' -MCUP 09-05 -ITSUKO YADA FARMS October 26, 2011 Page 5 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review,· set aside, void, or annul their imposition .. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629 Sincerely, ~~ CHRIS DeCERBO Principal Planner CD:GF:bd c: Don Neu, Planning Director Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Glen Van Peski, Senior Civil Engineer Clyde Wickham, Project Engineer File Copy Data Entry/OMS