HomeMy WebLinkAbout1976-11-08; Planning Commission; Resolution 1293c
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I I1 PLANNING COMMISSION RESOLUTION NO. 1293
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RESOLUTION OF THE PLANNING COMMISSION OF
CERNING A CONDITIONAL US€ PERMIT TO ALLOW THE CONSTRUCTION OF A 75 X 200 (15,000 SQ. FT.) GREENHOUSE ON PROPERTY LOCATED GENERALLY IN THE CENTRAL PORTION OF THE LARGE BLOCK BOUNDED BY CHESTNUT AVENUE, HIGHLAND DRIVE, MAGNOLIA AVENUE AND ADAMS STREET.
APPLICANT: VICTOR FISCHER
THE CITY OF CARLSBAD, CALIFORNIA, CON-
CASE NO.: CUP-127
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9 WHEREAS, a verified application for a certain property,
10 wit:
I-1 I1 Assessor Book No. 205, Page 270, Parcel 21-30-31
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to the Conditional Use Permit found the following facts and 21
to be heard, said Commission considered all factors relatin< 20
the testimony and arguments, if any, of all persons who desi 19
WHEREAS, at said public hearing, upon hearing and consi 18
place specified in said notice on November 8, 1976; and 17
WHEREAS, the public hearing was held at the time and in 16
provided by Title 21 of the "Carlsbad Municipal Code"; and 15
WHEREAS, said verified application constitutes a reques 14
ning Commission; and 13
has been filed with the City of Carlsbad and referred to the
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1) The requested use is necessary and desirable for the d. ment of the community, is essentially in harmony with various elements and objectives of the General Plan, a not detrimental to existing uses or to uses specifical permitted in the zone in which the proposed use is to located because:
27 I/ a) Agriculture and greenhouses are established on ot parcels in the immediate area;
28 b) The General Plan Land Use Element designates agri uses as appropriate in residential areas, with pr
zoning controls; and
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1 /I c) No complaints have arisen as a result of the other
2 !I greenhouses on the block.
3 il 2) The site for the intended use is adequate in size and si to accommodate the use because:
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a) The greenhouse structure will cover approximately ( of the site.
3) All yards , setbacks, walls, fences , landscaping and othc features necessary to adjust the requested use to exist, or permanent future uses in the neighborhood will be prc vided and maintained because:
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a) A minimum of 10 feet will be maintained between thl greenhouse structure and property lines; and
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b) The structure itself will contain any insecticide, fertilizer or dust in the air.
4) The street system serving the proposed use is adequate properly handle all traffic generated by the proposed u because:
a) The subject parcel has been in agriculture, and no increased traffic is anticipated to result from th greenhouse enclosure.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commissi
161) the City of Carlsbad as follows: ''11 A) That the above recitations are true and correct.
l8 I B) That in view of the findings heretofore made and consid the applicable law, the decision of the Planning Commis 19 i I is to approve CUP-127, subject to the following conditi
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1) Approval is granted for the land described in the application and attachments thereto, and as shown the plot plan, Exhibit A, dated 9/21/76. The loca of all buildings and other facilities shall be loc substantially as shown on the plot plan, Exhibit P except as indicated otherwise herein.
2) Any "future greenhouses" as shown on plot plan, Ex
A, are not approved, and will require an amendment this CUP before construction.
3) If the approved greenhouse structure is not used c maintained for a period of six (6) months, it will totally removed from the site.
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4) The Planning Director shall conduct an investigatic the greenhouse operation one (1) year from the datc this approval and at consecutive one (1) year peric thereafter. The Planning Director will determine t the time of each investigation, compliance to the 1 tions herein. If the conditions are not met, the I ning Director shall submit a report to the Planninl mission on the matter. The Planning Commission ma. on receipt of the report, conduct a public hearing accordance with Chapter 21.54 of the Municipal Cod consider amendments to the Conditional Use Permit.
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5) Access to the greenhouse structure must be maintai to the satisfaction of the Fire Marshall.
6) Noise, odors and dust will be controlled so as not negatively affect the surrounding residences.
10 PASSED, APPROVED AND ADOPTED at a regular meeting of th
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by the following vote, to wit: 12
City of Carlsbad Planning Commission held on November 8, 197
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AYES: Commissioners Larson, L'Heureux, Fi kes, Watso Rombotis and Jose.
NOES: None.
ABSENT: Commissioner Nelson.
ABSTAIN: None.
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ATTEST:
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DONALD A. AGATEP , secret&& 23 & f&
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