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HomeMy WebLinkAbout1991-02-06; Planning Commission; Resolution 31780 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3178 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW THE OPERATION OF 27,000 SQUARE FEET OF GREENHOUSES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF MONROE STREET BETWEEN PARK DRIVE AND SUNNYHILL DRIVE. CASE NAME: MAY FOLIAGE CASE NO: CUP 165x1 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Tide 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 2nd day of January, 1991, and on the 6th day of February, 1991, hold a duly noticed public hearing to consider said application on property described as: A portion of Lot I of Rancho Agua Hedionda, according to Map No. 823, filed November 16, 1896 in the City of Carlsbad, County of San Diego, State of California. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 165x1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 hearing, the Commissior APPROVES CUP 165x1, based on the following findings and subject to the following conditions: E 42 e 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 Findinns: 1. That the requested use is necessary or desirable for the development of th community as it provides open space in residential areas and is a some o employment, is essentially in harmony with the various elements and objective of the general plan as agricultural uses are allowed in residentially designat areas, and is not detrimental to existing uses or to uses specifically permitted ' the zone in which the proposed use is to be located as the permit is conditione 1 to control dust, noise, and other nuisances. 2. That the site for the intended use is adequate in size and shape to accommodat the use since all structures and circulation aisles fit within the property lines. .I 3. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, as evidenced by the lack of complaints from neighboring residences. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use as both Park Drive and Mom Street are paved, local streets. Conditions: 1. Approval is granted for CUP 165x1, as shown on Exhibit "A", dated July 2, 1979 incorporated by reference and on file in the Planning Department. Developmen shall remain as shown. 2. CUP 165x1 is granted subject to all conditions of CUP 165, Planning Commissia Resolution No. 1539, dated July 25,1979 incorporated herein by reference an( on file in the Planning Department except condition no. 7 is replaced wid condition no. 5 below. 3. Storage of materials on site is restricted to items that will not release obnoxiou odors or cause any detriment to amenities or public safety of the neighbo* residences. 4. Within three (3) months of the date of this resolution, a drainage recycling system shall be designed and installed to reduce the off-site transport of feailize products. This system plan shall be reviewed and approved by the City Enginee~ If, after three months, the system is not operable, then the Planning Director shal recommend that the Planning Cornmission, after providing the permittee th opportunity to be heard, revoke the permit. PC RES0 NO. 3178 -2- .. . e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 81 22 23 24 25 26 27 28 5. This conditional use permit is extended for a period of ten years and six months from the date of expiration, or from August 8, 1984 to February 6, 1995. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall fmd that no substantial adverse affect on surrounding land uses or the public’s health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare is found, the extension shall be considered as an original application for Planning Commission may grant. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of February, 1991, by the following vote, to wit: a conditional use permit. There is no limit to the number of extensions the AYES: ChairpersonHolmes, Commissioners: Schlehuber, Schramm, McFadden, Erwin & Hall. NOES: None. ABSENT: Commissione 4 ABSTAIN: None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . wm MICHAEL J. HOLZ~LER PLANNING DIRECTOR PC RES0 NO. 3178 -3-