HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 3994&-
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PLANNING COMMISSION RESOLUTION NO. 3994
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF 27,000 SQUARE FEET OF
GREENHOUSES ON PROPERTY GENERALLY LOCATED
ON THE SOUTH SIDE OF MONROE STREET BETWEEN
PARK DRIVE AND SUNNYHILL DRTVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MAY FOLIAGE
CASE NO. : CUP 165x2
WHEREAS, James D. May, “Developer”, has filed a verified applicatio
with the City of Carlsbad regarding property owned by James D. May, “Owner”, describe
as
A portion of Lot 1 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
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension as shown on Exhibit “A’, dated July 2, 1979, on file in the Carlsbad Pla~
Department (Conditional Use Permit CUP 165x2), as provided by the conditions of appro’
CUP 165 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to CUP 165x2.
WHEREAS, on July 25,1979, the Planning Commission approved CUP 16
as described and conditioned in Planning Commission Resolution No. 1539.
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WHEREAS, on February 6, 1991, the Planning Commission approved Ct
165x1, as described and conditioned in Planning Commission Resolution No. 3178.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Commi
APPROVES Conditional Use Permit Extension, CUP 165x2, based 0:
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the communi
essentially in harmony with the various elements and objectives of the General Plar
is not detrimental to existing uses specifically permitted in the zone in whicl
proposed use is located, in that it provides open space in residential areas, is a s(
of employment and, as conditioned, does not produce excessive dust, noise or I
nuisances.
2. That the site for the intended use is adequate in size and shape to accommodate the u:
that all structures and circulation aisles fit within the property lines.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the existing fencing and landscaping buffers thc
from adjacent residential properties and no complaints have been registered bj
neighbors.
4. That the street system serving the proposed use is adequate to properly handle all tr
generated by the proposed use, in that both Park Drive and Monroe Street are pa
local streets.
~ Conditions:
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1. The Planning Commission does hereby APPROVE the Conditional Use Permi
Extension for the project entitled May Foliage (CUP 165x2) (Exhibit “A” dated Jut
2, 1979 on file in the Planning Department and incorporated by this reference:
subject to the conditions herein set forth. Staff is authorized and directed to make, o
require Developer to make, all corrections and modifications to the Conditional Usc
Permit docwnent(s), as necessary, to make them internally consistent and i~
conformity with final action on the project. Development shall occur substantially a
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PC RES0 NO. 3994 -2-
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shown in the approved Exhibits. Any proposed development substantially differel
fiom this approval, shall require an amendment to this approval.
2. This Conditional Use Permit is extended for a period of five years from the da
expiration, February 6,1995, to February 5,2000. This Conditional Use Permit
be reviewed by the Planning Director on a yearly basis to determine if all conditic
this permit have been met and that the use does not have a substantial negative effc
surrounding properties or the public health and welfare. If the Planning Di:
determines that the use has such substantial negative effects, the Planning Director
recommend that the Planning Commission, after providing the permittee the oppon
to be heard, add additional conditions to reduce or eliminate the substantial neg
effects. This permit may be revoked at any time after a public hearing, if it is founc
the use has a substantial detrimental effect on surrounding land uses and the pu
health and welfare, or the conditions imposed herein have not been met. This permil
be extended for a reasonable period of time not to exceed five (5) years upon w
application of the permittee made no less than 90 days prior to the expiration date.
Planning Commission may not grant such extension, unless it finds that there a1
substantial negative effects on surrounding land uses or the public's health and welfa
a substantial negative effect on surrounding land uses or the public's health and welf
found, the extension shall be denied or granted with conditions which will elimin;
substantially reduce such effects. There is no limit to the number of extension
Planning Commission may grant.
3. All conditions of approval imposed upon CUP 165x1, as stated in Plan
Commission Resolution No. 3178, and CUP 165, as stated in Planning Commi!
Resolution No. 1539, shall apply as conditions of approval for CUP 165x2 exce
amended by Condition No. 2 of this Resolution.
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PC RES0 NO. 3994 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
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Commission of the City of Carlsbad, California, held on the 6th day of November 1996,l
following vote, to wit:
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AYES: Chairperson Compas, Commissioners Heineman, Mo
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
4/LL%&wv cMtnzby/
WILLIAM COMPAS, Chairperson'
CARLSBAD PLANNING COMMISSION
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ATTEST:
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MICHAEL J. HmZMIEER
Planning Director
PC RES0 NO. 3994 -4-