HomeMy WebLinkAbout1984-10-10; Planning Commission; Resolution 2363> t 3. II 0 0
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PLANNING COMMISSION RESOLUTION NO. 2363
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CONDITIONAL USE PERMIT TO PERMIT THE ADDITION OF A :
SQUARE FOOT GREENHOUSE OF 4.39 ACRES OF PROPERTY GEI
LOCATED ON THE EAST SIDE OF VALLEY STREET BETWEEN El
AVENUE AND BUENA VISTA AVENUE, AT 2928 VALLEY STREET
APPLICANT: YADA FARMS
CASE NO.: CUP-230(A)
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A
WHEREAS, a verified application has been filed with
City of Carlsbad and referred to the Planning Commission; anc
WHEREAS, said verified application constitutes a rec
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
the Planning Commission did, on the 10th day of October, 1984
a duly noticed public hearing to consider said application on
property described as:
A portion of Lot 30 of Patterson's Addition, accordi
Map thereof No. 565, filed in the Office of the Coun Recorder, September 22, 1888.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all perso
desiring to be heard, said Commission considered all factors
relating to CUP-230(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public heari:
Commission APPROVES CUP-230(A), based on the following f and subject to the following conditions:
Findinas: d
1) That the requested use is necessary or desirable for the
development of the community, is essentially in harmony 1 the various elements and objectives of the general plan, not detrimental to existing uses or to uses specifically permitted in thee zone in which the proposed use is to bc
located, as discussed in the staff report.
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2) That the site for the intended use is adequate in size i
shape to accommodate the use, as discussed in the staff
report.
3) That all of the yards, setbacks, walls, fences, landsca1
and other features necessary to adjust the requested US(
existing or permitted future uses in the neighborhood w: provided and maintained, as discussed in the staff repol
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4) That the street system serving the proposed use is adeqt
properly handle all traffic generated by the proposed us
discussed in the staff report.
5) This project will not cause any significant environment2
impacts and a Negative Declaration has been issued by t€
Use Planning Manager on September 26, 1984 and approved Planning Commission on October 10, 1984.
6) The project is consistent with all City public facility
policies and ordinances since:
a) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitj fee. Performance of that contract and payment of tk
will enable this body to find that public facilities be available concurrent with need as required by thc
General Plan.
15// Conditions:
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1) Approval is granted for CUP-230(A), as shown on Exhibit
dated July 17, 1984, incorporated by reference and on fj
the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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2) This project is approved upon the express condition that applicant shall pay a public facilities fee as required
Council Policy No. 17, dated April 2, 1982, on file wit1 City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment < fee, a copy of that agreement, dated May 2, 1983, is on
with the City Clerk and incorporated herein by referencc
said fee is not paid as promised, this application will
consistent with the General Plan and approval for this I
shall be void.
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3) Approval of this request shall not excuse compliance wit
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4) All landscaped areas shall be maintained in a healthy ar 26
ordinances in effect at time of building permit issuance sections of the Zoning Ordinance and all other applicabl
thriving condition, free from weeds, trash, and debris.
28 // PC RES0 NO. 2363 -2-
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5) This conditional use permit is granted for a period of f years. This conditional use permit shall be reviewed by Land Use Planning Manager on a yearly basis to determine conditions of this permit have been met and that the use
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the
Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend the Planning Commission, after providing the permittee t
opportunity to be heard, add additional conditions to mi
the significant adverse impacts. This permit may be rev
any time after a public hearing, if it is found that the
has a significant detrimental affect on surrounding land
and the public's health and welfare, or the conditions i herein have not been met. This permit may be extended f
reasonable period of time not to exceed five years upon application of the permittee made not less than 90 days to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adver affect on surrounding land uses or the public's health E welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrc land uses or the public's health and welfare is found, t extension shall be considered as an original applicatior conditional use permit. There is no limit to the number
extensions the Planning Commission may grant.
6) All equipment and materials shall be stored outside of i
required yards and screened from view of other propertie
7) All lighting shall be shielded from glare on adjoining
properties.
8) The front yard setback area shall be mounded (with a 3 f
4 foot berm) and landscaped to the satisfaction of the I
Use Planning Manager.
Engineering Conditions:
9) Prior to issuance of any Building or Grading Permits for
construction on the project site the developer shall con
with the following items to the satisfaction of the Cit)
Engineer:
a) Offer an 18 foot wide strip of land along the entire
southerly line of the project and a corner return at north easterly corner of the intersection of McCaulc and Valley Street for dedication as McCauley Lane rj
way b) Offer the street right-of-way to complete the .cul-dc
of McCauley Lane in accordance with City Standards
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PC RES0 NO. 2363 -3-
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c) Offer slope easements along the right-of-way of McC
Lane necessary to grade McCauley Lane in accordance
d) The developer shall enter into lien contract for th
future improvement of a half street width of Valley
Street, Buena Vista Avenue and McCauley Lane projec
frontage
satisfactory to the City Engineer. As a minimum th shall address : i) Type and size of trucks serving the site
ii) Truck parking, loading and turn-around areas
iii) A specific route for trucks serving the site iv) Specific locations for site access f) Provide erosion and siltation control plan g) Remove underground storage tranks and all other sto materials and facilities that lay within the propos existing right-of-way of McCauley Lane
City Standards
e) Submit a truck accessing plan for the project site
10) All land and/or easements required to satisfy the condi
of approval for by this project shall be granted to the
free and clear of all liens and encumbrances and withou to the City.
11) All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed
Engineer in responsible charge of the work. Each sheet be signed and sealed, except that bound documents may b
and sealed on their first page. Additionally the first of each set of plans shall have the following certifica
"DECLARATION OF RESPONSIBLE CHARGE"
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I hereby declare that I am the Engineer of Work for thi
project, that I have exercised responsible charge over
design of the project as defined in Section 6703 of the
Business and Professions Code, .and that the design is consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
only and does not relieve me, as Engineer of Work, of m
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
23 ll Firm:
24 II Address:
25 I1 City, St.:
26 /I Telephone:
27 I/ BY (Name of Engineer)
Date :
28 Ii R.C.E. NO. # II I1 PC RES0 NO. 2363 -4-
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1 Fire Conditions:
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3 10) The applicant shall submit two (2) copies of a site plar
showing locations of existing and proposed fire hydrantc
site roads and drives subject to the approval of the Fil
Marshal.
9) Additional public and/or on site fire hydrants shall be
quired if deemed necessary by the Fire Marshal.
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PASSED, APPROVED AND ADOPTED at a regular meeting oJ
Planning Commission of the City of Carlsbad, California, helc
the 10th day of October, 1984, by the following vote, to wit:
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AYES: Chairman Rombotis, Commissioners Marcus,
NOES : None. Schlehuber, McFadden, Smith and L'Heureux.
I1 I! ABSENT: Commissioner Farrow.
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l5 ATTEST :
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ABSTAIN : None .
LAND USE PLANNING $TANAGER
PC RES0 NO. 2363 -5-