HomeMy WebLinkAbout1980-01-09; Planning Commission; Resolution 1581.I. II ll . e
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PLANNING COIQ4ISSION RESOLUTION NO. 1581
RESOLUTION OF THE PLANNING CO!XMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL
USE PERYIT TO PEFWIT A COMMERCIAL NURSERY IN THE
R-A-10 ZONE LOCATED ON THE EAST SIDE OF AVENIDA
ENCINAS, NORTH OF PALOMAR AIRPORT ROAD.
CASE NO: CUP-168 APPLICANT: PELLY'S NURSERY
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a reques
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Co
the Planning Commission did, on the 12th day of December, 19
hold a duly noticed public hearing to consider said applicat
on property described as:
A portion of Lot H of Rancho Aqua Hedionda, Parcels
A and B of Parcel Map 642, as filed in the Office
of the County Recorder of San Diego County.
WHEREAS, the subject property has complied with the req
ments of the City of Carlsbad's Environmental Protection Ord
of 1972 and the State Environmental Quality Act in that the
project has been processed through Environmental Review and
Negative Declaration, Log No. 618, has been issued for the
following reasons:
1. The nursery is an existing use which has had no apparen significant impact on the environment since it was
established approximately 12 years ago.
2. No major modifications to the site are proposed which
would create an adverse impact on the environm-ent.
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, upc
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consideration of all evidence presented, the Planning Commis
found the following facts and reasons to exist:
Findings
1) This project is consistent with the General Plan Land
Use Element designation of RRE since it is a regional commercial use.
2) This project is consistent with all applicable Public
Facility Policies and Ordinances and with the Public
Facilities Element since;
a) Sewer service is currently provided by the City of
Carlsbad.
b) Water service is currently provided by the City of
Carlsbad.
c) Gas and Electric service is provided by SDG&E.
d) All necessary on-site and adjacent public improvem
are existing or will be required as conditions of approval.
3) This project is consistent with all other elements of
the general plan.
4) This project will not have significant adverse environrn
impacts. A Negative Declaration, Log No. 618, was
issued on November 28, 1979, for the following reasons:
a) The nursery is an existing use which has had no
apparent significant impact on the environment
since it was established approximately 12 years ag
I b) No major modifications to the site are proposed
~ which would create an adverse impact on the enviro
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I community and is not detrimental to existing or propose
~ 5) This use is desirable for the development of the
uses because:
a) The surrounding areas are zoned commercial or
industrial.
b) This is a low patron use and will not cause excess
noise or odor.
6) The site is adequate in size and shape to accommodate t
use because;
a) The use has been in existence since 1967
P. C. Resolution No. 1581 .2
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1 b) There is adequate space for all desired storage,
office and parking areas.
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a) The entire property has been fenced. 4
areas because:
7) The use has been adequately adjusted to the surrounding
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b) The storage of plants and trees on the property
provides extensive screening and buffers.
8) The street system is adequate to service the use becaus
the property is located just off Palomar Airport Road
between Interstate 5 and Carlsbad Boulevard.
WHEREAS, the Planning Commission, by the following vote
approved CUP-168, subject to certain conditions:
Conditions
1) Approval is granted for CUP-168 as shown on Planning Commission Exhibit "A" to CUP-168, dated October 30,
1979, on file in the Planning Department and incorporat
by reference. Development shall occur substantially as
shown on this exhibit unless otherwise noted in these
conditions.
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spaces and one employee space shall be provided. 16
2) The parking area shall be redesigned to the satisfactio:
of the Planning Director. A minimum of 4 visitor
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3) Storage of all equipment and supplies shall be adequate screened from view from adjacent properties.
4) This Conditional Use Permit shall expire and all uses pursuant to it shall cease 5 years after the date of is
This expiration period may be extended upon written
application of permittee for a reasonable period of tim
to exceed five years. In granting such extension, the
Planning Commission shall find that no substantial adve
effect on surrounding land uses will result because of
continuation of the permitted use. If a substantial adverse effect on surrounding land uses is found, the extension shall be considered as an original applicatiol for a Conditional Use Permit. There is no limit on the
number of extensions the Planning Commission may grant.
25 5) This Conditional Use Permit will be reviewed by the Planning Department in ninety days to ensure compliance
26 with the conditions. If any of the conditions have not been met, or are violated, the Planning Department shal.
27 present a report to the Planning Commission.
28 xxxxxx
P.C. Resolution No. 1581 .3
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AYES: Schick, Rombotis, Jose, Leeds, Marcus, and Larso
NOES : None.
ABSENT: Friestedt
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoin
recitations are true and correct.
ATTEST :
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P. C. Resolution No. 1581 .4
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CITY OF CARLSBAD 1 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
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11 AYES: Larson, Leeds, Marcus, Schick.
12 NOES : None.
13 ABSENT: Friestedt, Jose
14 ABSTAIN : None.
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I, JAMES C. HAGAMAN, Secretary to the Planning Commissi
of the City of Carlsbad, California, do hereby certify that
the foregoing resolution was duly introduced, approved and a
by the Planning Commission of the City of Carlsbad at a regu
meeting of said Commission held on the 9th day of January, 1
by the following roll call vote:
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2o I CUP-168, Pelly's Nursery
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." &RLSBAD PLAM'NI~G' COXIMISSI
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P. c. Resolution No. 1581 .5