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Home My WebLink About1979-12-12; Planning Commission; ; CUP 168 - PELLY'S NURSERYSTAFF REPORT DATE: December 12, 1979 TO: Planning Department FROM: Planning Commission SUBJECT: CUP-168 APPLICANT: Pelly's Nursery REQUEST: CONDITIONAL USE PERMIT FOR .A COMME RC I Al NURSERY IN THE R-A-10 ZONE BACKGROUND Location and Description of Property The subject property is located on the east side of Avenida Encinas, north of Palomar Airport Road. The nursery is already in existence under a conditional use permit approved in 1967. The CUP has since expired. The property, 5870 Avenida Encinas runs between Avenida Encinas and Interstate 5 . Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: R-A-10 P-M C-1, R-A-10 No Zone PMQ I Commercial Nursery Offices Vacant, gas station Interstate 5 Vacant General Plan Information 1. Land Use Element The subject property is designated RRE, Regional Retail- Exclusive. This designation allows retail uses of a regional nature which tend to occupy large amounts of space. The nursery is consistent with this designation. 2. Public Facilities City Sewer: This project being serviced by the City of Carlsbad. Schools: This is a commercial project and will have no effect on the school system. City Water: Water service is currently provided by the City of Carlsbad. Gas and Electric: SOG&E now supplies these services to this proJect. On-site and Ad~acent Public Improvements: Any necessary public improvements will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: This is an existing use, however, the City Council and Planning Commission have determined that they are not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. The Planning Commission may, by inclusion of an appropriate condition, require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay an appropriate share of the public facilities it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. 3. Other Elements of the General Plan: This project is consistent witfi other elements of the City's current general plan. Environmental Impact Information This project has been processed through environmental review and a Negative Declaration has been issued based on the following findings: 1) The nursery is an existing use which has had no apparent 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 environment. History and Related Cases CUP-128, Carlsbad Nursery, Planning Commission Resolution No. 539. On December 12, 1967, the Planning Commission approved a Conditional Use Permit for this same nursery. However, this CUP had an unusual condition which established an • expiration date. The permit expired.on December 12, 1977. The current request is basically a resubmittal of this original permit. -2- Major Planning Considerations 1) Shall a review period be established? 2) Is this an appropriate use for the area and zone? DISCUSSION This is a request for a renewal of a CUP for a retail nursery which expired in 1977. The nursery has been operating at this location since the original CUP was granted in 1967. The general plan designates this site as RRE, Extensive Regional Commercial. This designation permits nurseries. Nurseries are also allowed by CUP in the R-A-10 zone. The property is easily accessible from Palomar Airport Road and Interstate 5. Since the site is used as a nursery, the majority of the lot is "landscaped" with containerized plants and trees. There is adequate space on the lot to accommodate this use. The one problem with this project is the parking situation. The parking layout as shown on Exhibit A is unacceptable. There are no established standards for parking needed for a plant nursery. This use ha a relatively low patron frequency and will not require very many spaces. Employee parking will be located to the rear of the office/greenhouse. A minimum of 4 spaces will be needed for customer parking. One condition will require a redesign of the parking and driveway area. Recommendation Staff recommends APPROVAL of CUP-168, based on the following findings and subject to the following conditions: 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 improve- ments are existing or will be required as conditions of approval. -3- ---- 3) This project is consistent with all other elements of the general plan. 4} This project will not have significant adverse environ- mental 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 ago. b) No major modifications to the site are proposed which would create an adverse impact on the environment. 5) This use is desirable for the development of the community and is not detrimental to existing or proposed uses because: a) The surrounding areas are zoned commercial or industrial. b) This is a low patron use and will not cause excessive noise or odor. 6) The site is adequate in size and shape to accommodate the use because: a) The use has been in existence since 1967. b) There is adequate space for all desired storage, office and parking areas. 7) The use has been adequately adjusted to the surrounding areas because: a) The entire property has been fenced. 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 because the property is located just off Palomar Airport Road between Interstate 5 and Carlsbad Boulevard. Conditions 1} Approval is granted for CUP-168 as shown in Exhibit A, dated 10/30/79, on file in the Planning Department. Development shall occur substantially as shown except for modifications herein. -4- 2) 3) 4) 5) 6) - The parking area shall be redesigned to the satisfaction of the Planning Director. A minimum of 4 visitor spaces and one employee space shall be provided. Storage of all eq.uipment and supplies shall be adequately screened from view from adjacent properties. The applicant sha in City Cou jl P as established . ., This approval is expressly i t entering into a secured or the payment of this fee conditione agreement w prior to th by the Plan of the resolution for this project Commission. This Conditional Use Permit shall expire and all uses pursuant to it shall cease 5 years after the date of issuance. This expiration period may be extended upon written application of permittee fQr a reasonable period of time not to exceed five years. In granting such extension, the Planning Commission shall find that no substantial adverse effect on surrounding land uses will result because of the continuation of the permitted use. If a substantial adverse effect on surrounding land uses is found, the extension shall be considered as an original application for a Conditional 'use Permit. There is no limit on the number of extensions the Planning Commission may grant. This Conditional Use Permit will be reviewed by the Planning Department in ninety days to ensure compliance with the conditions. If any of the conditions have not been met, or are violated, the Planning Department shall present a report to the Planning Commission. Exhibits Exhibit A dated 10/30/79 Location Map Disclosure Form KL:ar -5- . . ·-···---..... CUP-1&,f> PE:1iE.Y'6 CASE NO. cue \(,i /. ··-·--·-----..._· ~--____/✓ STAT:. H IIY 5 11-so-s 0 •.lhC • .;:q.. .;.. .or-e. ..... <£",I' Date Rec'd ___ t ___ O .... f:3-o_...}, ...... '( ____ OCC Date: \'2-/':f 9-• PC Date \::2. J \2.. Description of Request: C0Vl'\mt,relaJ W\UrstU:y. ·,(\. 12. ~A-\ Q 1::0'.'<-- Address or Location of Request: 59,]D Att..oi AA Goci n,(l..5 Assessor Book: _ _a_t..O-lJ_Q__:02-: __ Page: • Par6el: ________ _ General Plan Land Use Description: ____ g......,_R=E--_---,--.------=--=---------- Existing Zone: g _ A -1 O ~oposed Zo~: ~-~\ O Acres: .745 No. of Lots: I ,.;b:r.u.,.., =-s-.c::...,AJ~IA,...,_~;;:._...,D~O"'"/A~c-r_e_lJ__,A..----- School District: __ -1,:/./Jl.~A,-L-, __ ...._-----------------------=----::----- Water District: ca~ 0~ ('__a.,h~J Sanitation District: C,1'1 91 C.er-\~ba..d Coast Permit Area: 'I~ --i.===---------------------------,.----------- i' t :,), t·,,, ' ;'(,!<: :' f.": i.}':_ {if~· ;_:,_/,·~-·-"' " ,, ' :. '/'; I I RN!:! R,£CT RM, I f.' •'/ ,· ,;\,;,<:;,· ••~·' ,i,-,,-,:~- ';'.:~ c·~ O'; r·, / .. '+" ···•0"''' 01!///f!I/RV - • •:' !f1!,1J'• r •,~,:;!' '! _ ', \ , , -,-. , , , ..... " ,•,!>'-, --·--~ •.• _,. __ .,,._"_., -j\) j:.,""J c,, N -~ ·.~~ t<: ~ r-.. ... <;J; fr··, l'\:J 1'1-1 ~-·,·•·• " . . . ' •\• •,-1,, ·"··· ,,. ....... , ~''""' PELLE.VS SCRLE IIECE!.VED dtr 301979 crrv oF cRRLseAo •. Planning Department 11 RPROX. ~:i;'f n-; ' Cc:, ,;:;. :;;,. ~