HomeMy WebLinkAbout1977-07-27; Planning Commission; Resolution 1391j -- L /I 9 *
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PLANNING COMMISSION RESOLUTION NO. 1391
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING A CONDITIONAL USE PERMIT TO ALLOW AN ADDITIONAL GREENHOUSE STRUCTURE (23000 SQUARE FEET) ON PROPERTY LOCATED ON THE SOUTH SIDE OF CHEST- NUT STREET BETWEEN ADAMS AND HIGHLAND DRIVE. CASE NO: CUP-127 (A) APPLICANT: VICTOR FISCHER
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Parcels 30 and 31 described in Assessor's Book No. 205, 9
wit: 8
WHEREAS, A verified application for certain property to
Page 210, in the City of Carlsbad, County of San Diego,
Office of the County Recorder.
10 State of California, according to Map recorded in the
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has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Conmission did on the 27th day of
July, 1977, hold a duly noticed public hearing as prescribed 1
law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and considt
the testimony and arguments, if any, of a11 persons who desire
to be heard, said Commission considered all factors relating I
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the variance and found the following facts and reasons to exi:
1) The requested use is necessary and desirable for the deve: ment of the community, is essentially in harmony with the
various elements and objectives of the General Plan, and :
not detrimental to existing uses or to uses specifically 1
mitted in the zone in which the proposed use is to be locl
because:
a) Agriculture and greenhouses are established on other parcels in the immediate area;
b) The General Plan Land Use Element designates agricult,
uses as appropriate in residential areas, with proper
zoning controls; and
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1 c) No complaints have arisen as a result of other greenho.
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3 to accommodate the use because:
on the block.
2) The site for the intended use is adequate in size and shap
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a) The greenhouse structure will only cover approximately 60% of the site; leaving adequate open areas.
3) All yards, setbacks, wall, fences, landscaping and other features necessary to adjust the requested use to existing or permanent future uses in the neighborhood will be provi
and maintained because:
a) A minimum of 10 feet will be maintained between the greenhouse structure and the property lines; and
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4) The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use
because:
b) The structure itself will confine any insecticide, fertilizer or dust in the air.
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a) The subject parcel has been in agriculture, and no increased traffic is anticipated to result from the
greenhouse enclosure.
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5) The subject application has complied with the requirements
because: of the Carlsbad Environmental Protection Ordinance of 1972
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a) A Negative Declaration was issued for the original Cor ditional Use Permit (CUP-127) and this request complic
by prior compliance.
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16) The subject application is consistent with applicable CitJ
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Public Facilities Policies and Ordinances because:
a) No additional sewer connections are required with thi:
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project and all other public facilities and services
are available.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commissior
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and consider:
the applicable law, the decision of the Planning Commissic
is to approve the Conditional Use Permit (CUP-l27(A), sub. to the following conditions:
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1) Approval is granted for the land described in the applicat and attachments thereto, and as shown on the plot plan, Exhibit A, dated 6/17/77. The location of all buildings 2 other facilities shall be located substantially as shown c the plot plan, Exhibit A, except as indicated otherwise he All conditions of Section 21.42.010 (f) of the Carlsbad Municipal Code shall also be complied with.
5 2) If the approved greenhouse structure is not used or maintz
from the site within 90 day's. 6 for a period of six (6) months, it will be totally removec
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4)
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The Planning Director shall conduct an investigation of tE greenhouse operation one (1) year from the date of this approval and at consecutive one (1) year periods thereaftc The Planning Director will determine at the time of each investigation, compliance to the conditions herein. If tE conditions are not met, the Planning Director shall submii report to the Planning Commission on the matter. The PlaI Commission may, upon receipt of the report, conduct a pub: hearing in accordance with Chapter 21154 of the Muncipal Code to consider amendments to the Conditional Use Permit
This permit shall be valid for a period of eight (8) year!
unless terminated per Conditions 2 or 3 above. If the applicant wishes to continue the greenhouse operation beyc the 8 year period, he shall submit a lettter to the Plann: Commission requesting a time extension.
Access to the greenhouse structure must be maintained to . satisfaction of the Fire Marshall.
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6) Noise, odors and dust will be controlled so as not to neg
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atively affect the surrounding residences.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on July 27, 1977, b:
the following vote, to wit:
AYES : Commissioners' Larson, Rombotis, L'Heureux, W Fikes, Jose, Woodward.
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ABSENT : None. 3 IC LAR ON, CHAIRMAN
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