HomeMy WebLinkAbout1996-11-06; Planning Commission; ; CUP 165X2 - MAY FOLIAGE---,
.. a1e City of CARLSBlD Planning Departm&m ~
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: November 6, 1996
ItemNo. (!)
Application complete date: n/a
Project Planner: Michael Grim
Project Engineer: Clyde Wickham
SUBJECT: CUP 165x2 -MAY FOLIAGE -Request for an extension of CUP 165 to allow
the continued operation of 27,000 square feet of greenhouses at 3926 Park Drive
in Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3994
APPROVING a five year extension of CUP 165 (CUP 165x2) based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed five year extension of CUP 165 will allow the continued operation of 27,000
square feet of greenhouses at 3926 Park Drive through February 5, 2000.
III. PROJECT DESCRIPTION AND BACKGROUND
On July 25, 1979, the Planning Commission approved CUP 165 to allow 27,000 square feet of
greenhouses at the southeast comer of Park Drive and Monroe Street for 5 years (until July 24,
1984). On February 6, 1991, the Planning Commission approved CUP 165xl, extending the
greenhouse operation until February 6, 1995. Condition No. 5 of the extending CUP Resolution
No. 3178 specified that CUP 165xl may be extended for a period not to exceed five years upon
written application of the permittee (James D. May). While the extension period for CUP 165xl
has elapsed, the applicant, James D. May, did make a timely request for the extension of CUP
165xl that would allow the continued operation of 27,000 square feet of greenhouses at this site
until February 5, 2000.
IV. ANALYSIS
A. The greenhouse operations continue to be consistent with all applicable plans, policies
and regulations described below:
1. Carlsbad General Plan;
2. Local Facilities Management Plan 1;
3. Local Coastal Plan, Mello II Segment; and
4. Title 21 of the Carlsbad Municipal Code.
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\ CUP l 65x2 -MAY FOLiil-...1£
NOVEMBER 6, 1996
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B. The adopted project findings for CUP 165 and CUP 165xl, which are contained in
Planning Commission Resolutions No. 1539 and 3178, respectively, still apply to this
project (CUP l 65x2).
C. The adopted project conditions for CUP 165 and CUP 165xl, which are contained in
Planning Commission Resolutions No. 1539 and 3178, respectively, still apply to this
project (CUP 165x2) with the exception of Condition No. 5 of Planning Commission
Resolution No. 3178, which is amended by Condition No. 2 in Planning Commission
Resolution No. 3994 to extend CUP 165x2 for 5 years (through February 5, 2000).
D. No formal written complaints regarding CUP 165 have been submitted to the City since
satisfaction of the conditions of approval for the extension in 1991.
E. Annual reviews have been conducted for CUP 165 and the project is in compliance with
all conditions of approval.
F. The extended CUP should be exempted from environmental review per Section 15301,
Existing Facilities, of the State CEQA Guidelines.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS
1. Planning Commission Resolution No. 3994
2. Location Map
3. Planning Commission Resolution No. 3178, dated February 6, 1991
4. Planning Commission Resolution No. 1539, dated July 25, 1979.
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MAY FOLIAGE
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PLANNING COMMISSION RESOLl.ITION NO. 3178
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A
CONDITlONAL 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.
CASENAME: MAYFOLIAGE
CASE NO: CUP l 65xl
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 Title .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 165xl.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 165xl, based on the following findings and subject to the
following conditions:
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Findings:
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 source 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 pennit is conditione
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.
3.
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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 o
complaints from neighboring residences.
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 Monroe Street al'\
paved, local streets.
Conditions:
1. Approval is granted for CUP 16Sxl, 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 165xl is granted subject to all conditions of CUP 165, Planning Commjs.g
Resolution No. 1539, dated July 25, 1979 incorporated herein by reference an
on file in the Planning Department except condition no. 7 is replaced wi
condition no. 5 below.
3. Storage of materials on site is restricted to items that will not release obnoxious
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 syst
shall be designed and installed to reduce the off-site transport of fi • •
products. This system plan shall be reviewed and approved by the City Engineer.
If, after three months, the system is not operable, then the Planning Directors
recommend that the Planning Commission, after providing the permittee the
opportunity to be heard, revoke the permit.
PC RESO NO. 3178 -2-
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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 find
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
a conditional use permit. There is no limit to the number of extensions the
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:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden,
Erwin & Hall.
NOES: None.
ABSENT:
ABSTAIN: None.
ATTEST:
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PLANNING DIRECTOR
PC RESO NO. 3178
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 1539
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO REPLACE EXISTING LATHHOUSES WITH
FOUR ALUMINUM, PLASTIC COATED GREENHOUSES ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PARK
DRIVE AND MONROE STREET.
CASE NO.:
APPLICANT:
CUP-165
Herman May
8 WHEREAS, a verified application has been filed with the City
9 of Carlsbad, California, and referred to the Planning Commission;
10 and
11 WHEREAS, said verified application constitutes a request as
12 provided by Title 21 of the Carlsbad Municipal Code; and
13 WHEREAS, pursuant to the provisions of the Municipal Code
14 the Planning Commission did, on July 25th, 1979, hold a duly
15 noticed public hearing to consider said application on property
16 described as:
17 Lot 1 of Rancho Agua Hedionda in the County of
San Diego, State of California, according to
18 map thereof No. 823, filed in the office of the
County Recorder of San Diego County on November
19 16, 1896; and
20 WHEREAS, the subject property has complied with the require-
21 ments of the City of Carlsbad Environmental Protection Ordinance
22 of 1972 and the State Environmental Quality Act in that:
23 An environmental impact assessment was prepared and a negative
declaration has been issued for the project based on the following
24 reasons:
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The site is now in agricultural use.
The project will take place in an urbanized area.
There will be no significant effect on the human environment.
. . ...
1 WHEREAS, at said public hearing a staff report was submitted
2 and all persons desiring to speak in the subject proposal were
3 heard. At the conclusion of said hearing, upon consideration of
4 all evidence presented, the Planning Commission found the following
5 facts and reasons to exist:
6 Findings
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The requested use is necessary and desirable for the develop-
ment of the community, is essentially in harmony with the
various elements and objectives of the General
Plan, and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed
use is to be located because:
a) The greenhouse will blend in and be compatible with
residential uses in the neighborhood.
b) Encouraging agricultural uses preserves open spaces,
reduces service demands, and provides employment.
The site for tha intended use is adequate in size and shape
to accommodate the use because:•
a) The subject property is large and provides an adequate
buffer between adjacent properties.
b) Greenhouses involving similar activities have been
located on this property for many years with no known
adverse effects on adjacent properties.
All of the yards, setbacks, landscaping and other features
necessary to adjust the requested use to existing or permitted
future uses in the neighborhood will be provided and main-
tained.
The street system serving the proposed use is adequate to
handle all traffic generated by the site.
The subject application has complied with the requirements
on the Carlsbad Environmental Protection Ordinance of 1972.
The subject application is consistent with applicable City
public f.acili ty policies and ordinances.
WHEREAS, the Planning Commission, by the following vote,
approved CUP-165, subject to certain conditions:
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II
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The approval is granted for the land described in the plot
plan, Exhibit "A", dated July 2, 1979, on file in the
Planning Department.
If an approved greenhouse ceases operation for a period longer
than six months or is not maintained as required herein,
the property owner shall be notified that said greenhouse(s)
is considered a public nuisance and shall be immediately
removed at no expense to the City.
Access to the greenhouses and packing sheds will be to the
satisfaction of the Fire Chief or his designee.
Noise, odor, dust and pesticides shall be controlled so as
not to cause a detrimental effect to the surrounding propertie .
All clear plastic will be securely attached to the greenhouse
structure at all times.
The applicant shall have a Reduced Pressure Backflow Device
installed directly in front of the water meter subject to
the approval of the Water Department.
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 ap-
plication of permittee for 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 conditional use
permit. There is no limit on the number of extensions the
Planning Commission may grant.
There will be no retail sales permitted on the site.
The owner shall grant to the City a 9' easement for public
street purposes along the entire frontage of Park Drive,
including a 25' curb return at the intersection of Park
Drive and Monroe Street.
10. The Planning Director shall conduct an annual review for the
24 duration of the CUP to determine complaince to the conditions
established herein. If it is determined that the conditions
25 are not being met, the Planning Director shall submit a report
to the Planning Commission. The Planning Commission may,
26 upon receipt of this report, conduct a public hearing
to consider any necessary action on the CUP.
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11. The building height shall not exceed 14'.
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A drainage system shall be installed to the sati~faction
of the City Engineer, to assure proper drainage along the
south boundary line of the property.
The hours of operation shall be from 7:00 A.M. to 6:00 P.M.,
Monday through Friday.
There shall be no night lighting in conjunction with the
permitted greenhouse operation.
AYES:
NOES:
ABSENT:
L'Heureux, Rombotis, Schick, Marcus, Jose, Larson
NONE
Wrench
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing
recitations are true and correct.
STE . L'HEU irman
CARLSBAD PLANNING COMMISSION
15 ATTEST:
16 /11·~ .. ;/ I (; ,/
17 ~«M ,k~&t. J , S C. HAG'~N; 9 · •• retary
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD ss
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 8th day of August, 1979,
by the following roll call vote:
AYES:
NOES:
L'Heureux, Rombotis, Schick, Marcus, Jose, Larson
None
ABSTAIN: Wrench
ABSENT: None
CUP-165, May