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Home My WebLink About1991-01-02; Planning Commission; ; CUP 165X1 - MAY FOLIAGESfAFF REPORT DATE: JANUARY 2, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 16Sxl -MAY FOUAGE -Request for an extension of a Conditional Use Permit to continue to allow the operation of four greenhouses at 3926 Park Drive. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3178 APPROVING CUP 165xl based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIP11ON AND BACKGROUND On August 8, 1979, the Planning Commission adopted Planning Commission Resolution No. 1539 allowing the installation and operation of four greenhouses within the R-1 Zone. According to Section 21.10.010 of the Carlsbad Municipal Code, greenhouses over two thousand square feet are allowed in R-1 Zones only by Conditional Use Permit. The greenhouses are aluminum. with plastic coating and total 27,000 square feet in area. They are all currently being used for agricultural purposes (i.e. the growing of flowers and plants). Also on the property are four smaller greenhouses, two packing sheds, a utility shed, a storage shed, and a single family residence. The site is on the southeast comer of Park Drive and Monroe Street and is bordered by single-family residences to the south and east. The Planning Department recently notified all property owners that are subject to conditional use permits of their permit expiration date in an effort to update public records. In response to this notification, the applicant requested a ten year extension of CUP 165, which expired on August 8, 1984. Any extension to these permits must therefore account for the time elapsed since the expiration. The exact dates of this recommended extension are mentioned below. m. ANALYSIS Can the findings required for a Conditional Use Permit still be made? Namely, 1. Are the greenhouses necessary or desirable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, and not detrimental to existing uses or uses specifically permitted in the area? 2. Is the site adequate in size and shape to accommodate the greenhouses? CUP 165xl -MAY FOLIAGE JANUARY 2, 1991 PAGE2 3. Can all yards, fences, landscaping and other features necessary to adjust the greenhouses to existing or permitted future uses in the neighborhood be provided and maintained? 4. Is the street system serving the parcel adequate to handle all traffic generated by the greenhouses? DISCUSSION 1. Desirability and Harmony of Conditional Use The greenhouses are desirable for the community in that they provide both employment and a desired product while not being disruptive to surrounding uses. They also preserve open space as most of the site is either open or contains low lying, transparent structures. The Land Use Element of the General Plan calls for agriculture to be allowed in any residentially designated area subject to zoning controls. The use is not detrimental as it is adequately screened from neighboring residences and the operations are not disruptive to the neighborhood. This permit extension is conditioned such that no detriments to neighboring amenities or public safety can occur due to storage of materials on site. The greenhouses have been in operation for over ten years and no complaints of dust, noise, or poor appearance have been filed. Considering the above, this finding can still be made. 2. Adequacy of size and shape of property The site is 4.4 acres in size and as shown in Exhibit "A" for CUP 165, dated July 2, 1979 on file in the Planning Department. All greenhouses, packing sheds, and circulation aisles required for the use fit within the property lines. The site is therefore adequate in both size and shape. 3. Yards, fences, landscaping, and other features necessary All structures are within the allowed buildable area of the parcel with no encroachments into setbacks. Landscaping and fencing surround the parcel, separating it from the adjacent residential uses. This landscaping provides both visual screening and a physical barrier to dust and noise. It can therefore be found that all features necessary to adjust the use to the neighborhood have been provided and maintained. Incidently, no complaints have been filed in the previous ten years of operation. 4. Adequacy of street system Both Park Drive and Monroe Street are paved local streets that are adequate to handle all delivery of supplies and pick-up of goods necessary to operate the agricultural use. CUP 16Sxl -MAY FOLIA0t. JANUARY 2, 1991 PAGE 3 SUMMARY Considering that all findings required for a Conditional Use Permit can still be made, staff recommends approval of CUP l 6Sxl. Since the Conditional Use Permit expired on August 7, 1984, the actual time of extension is ten years and five months with a new expiration date of January 2, 1995. IV. ENVIRONMENTAL REVIEW Section 15301 of the California Environmental Quality Act states that the continued operation of an existing facility is exempt from environmental review and, as such, the Planning Director has issued a Notice of Exemption, dated November 21, 1990. ATTACHMENTS 1. Planning Commission Resolution No. 3178 2. Location Map 3. Planning Commission Resolution No. 1539 4. Disclosure Form 5. Notice of Exemption. MG:krn November 21, 1990 (jJ ........ -------- City Df Cartau~ MAY FOLIAGE CUP 165x1 c:::rlsbad @ DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU. APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Applicant List the names and addresses of all persons having a financial interest in the application. ;ff\.'.tlf:S P-(YlA';' 2. Owner .. List the names and addresses of all persons having any ownership interest in the property involved. 0Amc.s p. mea'f 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners, interest in the partnership. S' A,r> E.S D. IY1./.\ Y 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non-profit organization or as trustee or benefici~ of the trust. e:, (Over) Disclosure Statement Page 2 s. Have you had more than $250 worth of business transacted with any member of Cjty staff, Bear: 3 Commissions, Committees and Council within the past twelve months? Yes _ No ✓' If yes, please indicate person(s) ____________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organi.zation. corporation, estate, trust. receiver, syndicate, this and any other county, city and county, crty municipaJity, district or otner politicaJ subdivision, or any otner group or combination actiny as a unit.' (NOTE: Attach additional pages as necessary.) si'ture of Ownericiat I x':J. I ._1. o i 9 Q F I ::r " JV\ t.~ <:. L.-,. !Y\ l'-V f., ,, ' =· -~J • • t, t Print or type name of owner Print or type name of applicant Disclosure Statement Page 2 s. Have you nad more ttian 5250 worth of business transacted with any member of City staff. Scar:: Commissions, Committees and Council within the past twelve months? Yes _ No ~ If yes, please indicate person(s) ____________________ _ Person iS defined as: •Any individual, firm, copattnership, joim vemure, assoc,ation, sociaJ club, fraternal orga.niZation. cofl)Oration, estate, tNSl, receiver, syndicate, thiS and any other county, city and county. c:<r; municipality, district or otner politicaJ subdivision, or any other group or com1:>inat10n ac:tiny as a unrt.' {NOTE: Attach additional pages as necessary.) Print or type name of owner Print or type name of applicant r Notice of Exemptiou To: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 ..X. County Clerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 Project Title May Foliage -CUP 16Sxl From: City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 (619) 438-1161 Project Location -Specific -'3~2 .... 2....a6 ..... P-'-a=r=k~D------'ri ___ ve=------------------- Project Location -City: _C=ar=ls=b=a=d'---------Project Location -County San Diego Description of Project: Extension to Conditional Use Permit to allow the continued operation of four greenhouses in the R-1 Zone Project: May Foliage, Inc. Name of Person or Agency Carrying out Project: --=-:M-=a__.y __ F::...;o=l=ia"'"g'""'e"'-, -=-=In=c:..:..•--------- Exempt Status: (Check one) Ministerial (Sec. 21080(b)(l); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X.. Categorical Exemption. State type and section number: ...:l::..:5"""3;..::0:...::1:...,,.(-=-1.,_) ______ _ Statutory Exemptions. State code number: Reasons why project is exempt: Continued operation of an existing facility. Lead Agency Contact Person: ~M=i=-k __ e...,;G=n--·m=-_____ Area Code/Telephone/: (619) 438-1161, ext 4499 lf filed by applicant: Extension 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Signature: ~ Date: [l/-z, I fa,tJ Title: Planning Director MICHAEL J. HOLZ I ' )a-Signed by Lead Agency 0 Signed by Applicant Date received for filing at OPR: MG:km Revised October 1989