HomeMy WebLinkAbout1983-06-08; Planning Commission; Resolution 2131-. '* /I m 0
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PLANNING COMMISSION RESOLUTION NO, 2131
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL US PERMIT TO CONSTRUCT A GREENHOUSE ON A 4.39 ACRE
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF VALL BETWEEN ELM AVENUE AND BUENA VISTA AVENUE. APPLICANT: HENRY YADA
CASE NO: CUP-230
WHEREAS, a verified application has been filed with
City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a re
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipa
the Planning Commission did, on the 8th day of June, 1983, h8
duly noticed public hearing to consider said application on
property described as:
That portion of Lot 30 of Patterson's Addition, in City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed
Office of the County Recorder of San Diego County, September 22, 1988
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pers,
desiring to be heard, said Commission considered all factors
relating to CUP-230,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public heari;
Commission APPROVES CUP-230, based on the following find
and subject to the following conditions:
Findings:
1) That the requested use is necessary or desirable for the
development of the community, is essentially in harmony ! the various elements and objectives of the general plan, not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, as discussed in the staff report;
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2) That the site for the intended use is adequate in size anc
shape to accommodate the use, as discussed in the staff r(
3) That all of the yards, setbacks, walls, fences, landscapil
and other features necessary to adjust the requested use ’ existing or permitted future uses in the neighborhood wil:
provided and maintained, as discussed in the staff report
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7 5) This project will not cause any significant environmenta
impacts and a Negative Declaration has been issued by th
8 Use Planning Manager on May 17, 1983 and approved by the Planning Commission on June 8, 1983.
9 6) The project is consistent with all city public facility
4) That the street system serving the proposed use is adequa
properly handle all traffic generated by the proposed use discussed in the staff report.
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l5 1) Approval is granted for CUP-230, as shown on Exhibit “A’
16 May 10, 1983, incorporated by reference and on file in 1
Use Planning office. Development shall occur substanti#
17 shown unless otherwise noted in these conditions.
18 2) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required
19 Council Policy No. 17, dated April 2, 1982, on file wit
City Clerk and incorporated herein by reference, and ac
20 to the agreement executed by the applicant for payment fee, a copy of that agreement, dated May 2, 1983, is on
said fee is not paid as promised, this application will consistent with the General Plan and approval for this
shall be void.
icies and ordinances since:
a) The applicant has agreed and is required by the inc: of an appropriate condition to pay a public facilit: Performance of that contract and payment of the fee enable this body to find that public facilities wil: available concurrent with need as required by the Gc
Plan.
Conditions:
21 with the City Clerk and incorporated herein by referenc
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28 PC RES0 NO. 2131 -2-
3) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicak ordinances in effect at time of building permit issuanc
Land Use Planning Office
4) All landscaped areas shall be maintained in a healthy 2
thriving condition, free from weeds, trash, and debris,
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5) This conditional use permit is granted for a period of years. This conditional use permit shall be reviewed b Land Use Planning Manager on a yearly basis to determin
conditions of this permit have been met and that the us not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If th
Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommen the Planning Commission, after providing the permittee
opportunity to be heard, add additional conditions to n
the significant adverse impacts. This permit may be re
any time after a public hearing, if it is found that th
has a significant detrimental affect on surrounding lan and the public's health and welfare, or the conditions herein have not been met. This permit may be extended
reasonable period of time not to exceed five years upor
application of the permittee made not less than 90 dayE to the expiration date. In granting such extension, tl: Planning Commission shall find that no substantial advc affect on surrounding land uses or the public's health welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surr land uses or the public's health and welfare is found, extension shall be considered as an original applicatic conditional use permit. There is no limit to the numb€ extensions the Planning Commission may grant.
15 6) All equipment and materials shall be stored outside of E
portable sanitary facility shall be relocated out of the 16 required yards and screened from view of other propertic
17 yard setback.
18 properties.
19 8) The proposed greenhouse shall be setback at least 25' fr
20 property line along Valley Street. A portion of this sc
shall be mounded (with a 3' - 4' berm) and landscaped tc satisfaction of the Land Use Planning Manager. 21
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23 plans shall be submitted to and approved by the Fire
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25 if deemed necessary by the Fire Marshall.
26 11) The applicant shall submit two (2) copies of a site plar
27 showing locations of existing and proposed fire hydrants onsite roads and drives subject to the approval of the I
Marshall . 28
7) Any lighting shall be shielded from glare on adjoining
Fire Department
9) Prior to the issuance of building permits, complete buil
Department.
10) Additional public and/or onsite fire hydrants shall be I
PC RES0 NO. 2131 -3-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting 01
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8th day of June, 1983, by the following vote, to wit: 3
Planning Commission of the city of Carlsbad, California, helc
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AYES : Chairman Schlehuber, Commissioners Marcus,
NOES : None.
ABSENT: Commissioner Farrow.
ABSTAIN: None .
Rombotis, Jose, Friestedt and Rawlins.
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CLARENCE SCHLEHUBER, Chairma]
CARLSBAD PLANNING COMMISSION 4 ATTEST:
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