HomeMy WebLinkAbout1979-08-08; Planning Commission; Resolution 1539v ,, - >' - /I 0 0
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PLANNING COMMISSION RESOLUTION NO. 1539
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO REPLACE EXISTING LATHHOUSES WITH
FOUR ALUMINUM, PLASTIC COATED GREENHOUSES ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PARK
DRIVE AND MONROE STREET.
1 CASE NO. : CUP-165 APPLICANT : Herman May
WHEREAS, a verified application has been filed with the (
of Carlsbad, California, and referred to the Planning Commiss
and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Cod1
the Planning Commission did, on July 25th, 1979, hold a duly
noticed public hearing to consider said application on proper.
described as:
Lot 1 of Rancho Agua Hedionda in the County of
San Diego, State of California, according to
map thereof No. 823, filed in the office of the
County Recorder of San Diego County on November
16, 1896; and
WHEREAS, the subject property has complied with the requ.
ments of the City of Carlsbad Environmental Protection Ordinal
of 1972 and the State Environmental Quality Act in that:
An environmental impact assessment was prepared and a negativf declaration has been issued for the project based on the follc reasons :
1. The site is now in agricultural use.
2. The project will take place in an urbanized area.
3. There will be no significant effect on the human environr
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WHEREAS, at said public hearing a staff report was submitted
and all persons desiring to speak in the subject proposal were
heard. At the conclusion of said hearing, upon consideration of
all evidence presented, the Planning Commission found the followin
facts and reasons to exist:
F,indi:n'gs
1. The requested use is necessary and desirable for the develop-
ment of the community, is essentially in harmony with the
various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed
use is to be located because:
a) The greenhouse will blend in and be compatible with
residential uses in the neighborhood.
b) Encouraging agricultural uses preserves open spaces,
reduces service demands, and provides employment.
2. The site for the' intended use is adequate in size and shape
to accommodate the use because: .
a) The subject property is large and provides an adequate
buffer between adjacent properties.
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b) Greenhouses involving similar activities have been
located on this property for many years with no known
adverse effects on adjacent properties.
3. All of the yards, setbacks, landscaping and other features
necessary to adjust the requested use to existing or permitte
future uses in the neighborhood will be provided and main- tained.
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~ 4. The street system serving the proposed use is adequate to handle all traffic generated by the site.
~ 5- The subject application has complied with the requirements on the Carlsbad Environmental Protection Ordinance of 1972.
6. The subject application is consistent with applicable City public facility policies and ordinances.
WHEREAS, the Planning Commission, by the following vote,
approved CUP-165, subject to certain conditions:
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Conditions
1. The approval is granted for the land described in the plc plan, Exhibit "A", dated July 2, 1979, on file in the
Planning Department.
~ 2. If an approved greenhouse ceases operation for a period 1 than six months or is not maintained as required herein,
the property owner shall be notified that said greenhouse is considered a public nuisance and shall be immediately
removed at no expense to the City. I
3. Access to the greenhouses and packing sheds will be to tl satisfaction of the Fire Chief or his designee.
4. Noise, odor, dust and pesticides shall be controlled so 2
not to cause a detrimental effect to the surrounding pro1
5. All clear plastic will be securely attached to the greenk:
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structure at all times.
6. The applicant shall have a Reduced Pressure Backflow Devi
installed directly in front of the water meter subject tc
the approval of the Water Department.
7. This Conditional Use Permit shall expire and. all uses
pursuant to it shall cease 5 years after the date of issL
This expiration period may be extended upon written ap- plication of permittee for a reasonable period of time nc to exceed five years. In granting such extension, the
Planning Commission shall find that no substantial adver:
effect on surrounding land uses will result because of ti
continuation of the permitted use. If a substantial adve
effect on surrounding land uses is found, the extension E
be considered as an original application for conditional
permit. There is no limit on the number of extensions tl
Planning Commission may grant.
8. There will be no retail sales permitted on the site.
9. The owner shall grant to the City a 9' easement for publi
street purposes along the entire frontage of Park Drive,
including a 25' curb return at the intersection of Park
Drive and Monroe Street.
10. The Planning Director shall conduct an annual review for
duration of the CUP to determine complaince to the condit established herein. If it is determined that the conditi
are not being met, the Planning Director shall submit a I
to the Planning Commission. The Planning Commission may,
upon receipt of this report, conduct a public hearing to consider any necessary action on the CUP.
11. The building height shall not exceed 14'.
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1 12. A drainage system shall be installed to the satisfaction
of the City Engineer, to assure proper drainage along the
2 south boundary line of the property.
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13. The hours of operation shall be from 7:OO A.M. to 6:OO P.
Monday through Friday.
14. There shall be no night lighting in conjunction with the
5 permitted greenhouse operation.
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7 AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Lars
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NOES: NONE
ABSENT : Wrench
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing
11 I1 recitations are true and correct.
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15 ATTEST :
CARLSBAD PLANNING COMMISSIC
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
1 1 1 ss
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 8th day of August, 1979,
by the following roll call vote:
AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, L(
NOES : None
ABSTAIN: Wrench
ABSENT : None
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CUP-165, May