HomeMy WebLinkAbout2006-03-15; Planning Commission; ; CUP 94-10 - CARLSBAD OF THE SEA--The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
ItemNo. G)
P.C. AGENDA OF: March 15, 2006
Application complete date: August 16, 2005
Project Planner: Chris Sexton
Project Engineer: David Rick
SUBJECT: CUP 94-lOxl -CARLSBAD BY THE SEA -Request for a retroactive
extension of CUP 94-10 to allow the continued operation of a professional care
facility located at 2855 Carlsbad Boulevard and 2845 Ocean Street on the west
side of Carlsbad Boulevard between Christiansen Way and Grand Avenue in the
Mello II Segment of the Local Coastal Program (LCP) and in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6038
APPROVING a retroactive ten-year extension of CUP 94-10 based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive ten year extension of CUP 94-1 Ox 1 will allow the continued operation
of a professional care facility located at 2855 Carlsbad Boulevard and 2845 Ocean Street on the
west side of Carlsbad Boulevard between Christiansen Way and Grand Avenue retroactively
from September 6, 2005 through September 5, 2015.
III. PROJECT DESCRIPTION AND BACKGROUND
On September 6, 1995 the Planning Commission and the Design Review Board approved CUP
94-10 and on December 12, 1995, City Council approved CUP 94-10 to allow the operation of a
professional care facility located at 2855 Carlsbad Boulevard, 2845 Ocean Street, and 201 Grand
A venue. The applicant, Front Porch Communities and Services, is requesting a retroactive ten
year extension of CUP 94-lOx 1 to allow the continued operation of a professional care facility at
this site. Condition No. 4 of the approving CUP Resolution No. 3791 specifies that CUP 94-10
is granted for a period of ten years but may be extended upon written application of the permittee
(Front Porch Communities and Services).
IV. ANALYSIS
A. The professional care facility continues to be consistent with all applicable plans, policies
and regulations described below:
-CUP 94-lOxl -CARLSBAD BY THE SEA
March 15, 2006
Page 2
1. Carlsbad General Plan;
2. Local Facilities Management Zone 1;
3. Local Coastal Plan (Mello II Segment and Village Redevelopment); and
4. Title 21 of the Carlsbad Municipal Code.
B. The adopted project findings for CUP 94-10, which are contained m Planning
Commission Resolution No. 3791 still apply to this project (CUP 94-l0xl).
C. The adopted project conditions for CUP 94-10, which are contained in Planning
Commission Resolution No. 3791 still apply to this project (CUP 94-l0xl) with the
exception of Condition No. 1 which has been satisfied and Condition No. 3 which has
been replaced by Condition No. 4 in Planning Commission Resolution No. 6038 to
extend CUP 94-l0xl retroactively for ten years from December 12, 2005 through
December 11, 2015 and the addition of Conditions No. 5 and 6 to address water quality
concerns.
D. No formal written complaints regarding CUP 94-10 have been submitted to the City.
E. Annual reviews have been conducted for CUP 94-10 and the project is in compliance
with all conditions of approval.
F. The project has an existing Coastal Development Permit (CDP) CDP 94-06 and
Redevelopment Permit (RP) RP 94-06 which is still valid and in compliance.
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. 6038
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Planning Commission Resolution No. 3791, dated September 6, 1995
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PLANNING COMMISSION RESOLUTION NO. 6038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE EXTENSION AND APPROVAL IN
PERPETUITY OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A PROFESSIONAL CARE
FACILITY LOCATED AT 2855 CARLSBAD BOULEVARD
AND 2845 OCEAN STREET ON THE WEST SIDE OF
CARLSBAD BOULEVARD BETWEEN CHRISTIANSEN WAY
AND GRAND A VENUE IN THE MELLO II SEGMENT OF THE
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BY THE SEA
CASE NO.: CUP 94-lOxl
WHEREAS, Front Porch Communities and Services, "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
Parcel A: Block 8 and 9 of town of Carlsbad, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 365, filed in the Office of the County
Recorder of San Diego County February 2, 1887; also all of
Garfield Street adjoining said Blocks 8 and 9 as vacated and
closed to public use. Together with the Southeasterly ½ of
Cedar Street as street is shown on said map adjoining said land
on the northwest which upon closing would revert, by
operation of law to the above described land.
Parcel C: Lots 50, 51, 52 and the south 15 feet of Lot 49, in
Block "A" of Map No. 2 of the Hayes Land Company,
incorporated, addition, in Carlsbad, County of San Diego,
State of California, according to Map thereof No. 1221, filed in
the Office of the County Recorder of San Diego County,
November 4, 1909.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits "A" -"W" dated December 12, 1995, on file in the
Planning Department CARLSBAD BY THE SEA -CUP 94-lOxl, as provided by the
conditions of approval of CUP 94-10 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
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WHEREAS, the Planning Commission did, on the 15th day of March 2006, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension; and
WHEREAS, on March 15, 2006, the Planning Commission approved CUP 94-10
as described and conditioned in Planning Commission Resolution No. 6038.
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 Planning
Commission APPROVES CARLSBAD BY THE SEA -CUP 94-lOxl to be
effective retroactively from September 6, 2005 through September 5, 2015
based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 94-10 which are contained in Planning Commission
Resolution No. 3791 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit.
All conditions of approval imposed upon Conditional Use Permit CUP 94-10 as stated in
Planning Commission Resolution No. 3791 shall apply as conditions of approval for CUP
94-lOxl and are incorporated by this reference, except Condition No. 1 which has been
satisfied, and Condition No. 3 is replaced by Condition No. 4 below and the addition of
Conditions No. 5 & 6.
PC RESO NO. 6038 -2-
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3.
4.
This Conditional Use Penn.it 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 substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
pennittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Penn.it is granted retroactively from September 6, 2000 and is
approved in perpetuity. This permit may be revoked at any time after a public hearing,
if it is found that the use has a substantial detrimental effect on surrounding land uses and
the public's health and welfare, or the conditions imposed herein have not been met.
Engineering:
5.
6.
Within 6 months of approval of this Conditional Use Penn.it extension, developer/owner
shall submit and receive approval for a Storm Water Management Plan (SWMP) to the
City of Carlsbad Engineering Department. This project qualifies as a "priority project: as
defined by California Regional Water Quality Control Board San Diego Region Order
No. 2001-01 and the City Standard Urban Storm Water Mitigation Plan, and therefore,
the project is required to capture and reduce pollutants to a level of insignificance. The
organization and content of the SWMP shall be prepared in accordance with the
guidelines established by the City of Carlsbad. The SWMP shall address the anticipated
pollutants of concern associated with the Project. The SWMP shall also suggest the
types(s) of postconstruction (structural) Best Management Practices (BMPs) required to
capture and filter said pollutants of concern.
Prior to the next annual review of this Conditional Use Penn.it, developer/owner shall
have constructed and/or implemented the necessary BMP measures necessary to capture
and filter the anticipated pollutants of concern associated with the project in accordance
with the SWMP and the City's current Standard Urban Water Mitigation Plan.
PC RESO NO. 6038 -3-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of March 2006 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
. rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~)t
DON NEU
Assistant Planning Director
PC RESO NO. 6038 -4-
SITE MAP
• N
NOT TO SCALE
Carlsbad By The Sea
CUP 94-10x1
~ACKGROUND DATA SHEET -
CASE NO: CUP 94-l0xl
CASE NAME: Carlsbad By The Sea
APPLICANT: Front Porch Communities and Services
REQUEST AND LOCATION: Request to extend the Conditional Use Permit (CUP) to allow
the continued operation of a professional care facility located on the west side of Carlsbad
Boulevard between Grand A venue and Christiansen Way.
LEGAL DESCRIPTION: See Attached
APN: 203-235-05 & 203-231-01 Acres: 3.89 Proposed No. of Lots/Units: =-:Nc:...::/A-=-------
GENERAL PLAN AND ZONING
Existing Land Use Designation: =RMH~--'/RH~------------------
Proposed Land Use Designation: N"'-'"'-"/A=--------------------
Density Allowed: _N_/ A _____ _ Density Proposed: =--N=/A=-=------------
Existing Zone: """"V--'-R/R=-==~--"--3----,------Proposed Zone:N ~~/A~-----------
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site V-R/R-3 V/RMH Carlsbad By The Sea
North R-3 T-R St. Michael's Church/Toho Investments
South V-R V Carlsbad By The Sea/Ocean Palms Beach
Resort/Residential Units
East V-R V Carlsbad Mineral Water Spa/Koko Beach
West R-3 RH Carlsbad By The Sea/Seashore on the
Sand/Ocean Villas
LOCAL COASTAL PROGRAM
Coastal Zone: IZ] Yes D No Local Coastal Program Segment: =M=e=ll=-o-=IIc..-____ _
Within Appeal Jurisdiction: IZ] Yes D No Coastal Development Permit: D Yes IZJ No
Local Coastal Program Amendment: D Yes C8J No
Existing LCP Land Use Designation: """'RM=H=/RH-==/--"'-T-==-R~---------------
Proposed LCP Land Use Designation: N:...l!-0/Ac.;0.___ _________________ _
Existing LCP Zone: R-3 Proposed LCP Zone: N=-:c:...::/ A-=---------
Revised O 1/06
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad -==::.=.:::'------
Equivalent Dwelling Units (Sewer Capacity): -=-19~2=------------------
ENVIRONMENTAL IMPACT ASSESSMENT
[:8J Categorical Exemption, -=-1.::::..:53:::...:0:c..:1'--__________________ _
Revised 01/06
PARCEL A:
BLOCK 8 AND 9 OF TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN niE
OFFICE OF THE CotJNTY RECORDER OF SAN DIEGO COONTY FEBROARY 2, 1887; ALSO ALL OF
GARFIELD STREET ADJOINING SAID BLOCKS 8 AND 9 AS VACATED AND CLOSED TO PUBLIC
'OSE.
TOGETHER WITH THE SOOTHEASTERLY 1/2 OF CEDAR STREET AS STREET IS SHOWN ON SAID
MAP ADJOINING SAID LAND ON THE NORTHWEST WHICH OPON CLOSING WOULD REVERT, BY
OPERATION OF LAW TO 'niE ABOVE DESCRIBED LAND.
PARCEL B:
PARCEL l OF PARCEL MA.P NO. 3488, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF A PORTION OF BLOCK 12 OF THE
TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPT FROM TiiE NORTHWESTERLY 125.00 FEET OF 'niE NORTHEASTERLY 100.00 FEET
-MEASURED ALONG THE NORTHEASTERLY AND NORTHWESTERLY LINES-THEREOF, ALL OIL,
GAS AND OTiiER HYDROCARBONS, WATER ·AND STEAM· AND ALL OTHER MINERALS, WHETHER
SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM
SAID PARCEL, PROVIDED HOWEVER, THAT THE SURFACE OF SAID PARCEL SHALL NEVER BE
USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF ANY
THEREOF.
ALSO EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND
'MAINTAIN WELLS OR OniER WORKS INTO OR 'niROUGH SAID PARCEL BELOW A DEPTH OF 500
FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS, OR
WORKS, OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING THE
RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED BY GRANTOR NECESSARY OR
CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS AS RESERVED BY STANDARD OIL COMPANY
OF CALIFORNIA,_A DELAWARE CORPORATION, IN DEED RECORDED NOVEMBER 22, 1968 AS
DOCUMENT NO. 205029 OF OFFICIAL RECORDS.
PARCEL C:
LOTS 50, 51, 52 AND THE SOUTH 15 FEET OF LOT 49, IN BLO~JC "A" OF MAP NO. 2 OF
THE HAYES LAND COMPANY, ·INCORPORATED· ADDITION, IN CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909.
l
• •
Cit}' of Carlsbad
-i=UUO,O,i·l•#i·iUIUei4hl
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is deJineq as· "Any individual, firm, co..:partnership, joint venture, a·ssociation·, social club-; fraternal
organization, corporat:i_on, estate, trust, re-c-eiv1;1r; syndicate, -in this and any other-eounty,_ city and county, city
municipality·, distrie.t or other political s1,1bdivision or any other group or combination acting as a unit.:" •
Agents may sign this documenti however, th~ legal' name and entity of the applicant and property owner m1,.1st
be provided below. • •
1.
2.
APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership, include the names,
title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS
OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the
corporate officers. (A separate page may be attached i n cessary .
Person ------------
Title -------------
Address -----------
. h c'cJ I I
10 JM f /1~515
Address e, V £JV~ '!J-., I CttJ
-J24.tbf n/L.._ I ~ ~.2_ .\ {, 5P.e ct ~h~e ~s __)
Title
OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles~d addresses 0~ )he corporar of~?Jb.. (~ sep~~
page may be attached if necessary.} l 5-ee ct r:{;;:J._C!. ~(?Ci ~rsy:" ,
Person______ Corp/Part troh t--Vc, \(._b { v-.._~r-W~
Title Title ----------------------------
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
• • •
:::~P;:~~: :::::::::~u::::~1~:: ~::~e ~~:r~~gani~~~u?.)
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the. ""
Non Profit/Trust Non Profit/Trust --------------------
Title Tit I e -----------------------------
Address Address --------------------------
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes ()4...::o If yes, please indicate person(s): _____________ _
NOTE: Attach additional sheets if necessary.
I certify that all tw~nformation is true and correct to~myJ2' W 5'-;;}5 (D
Signature of owner/date Signature of applicant/date
8 leeb J3e J)-eo
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
Corporate Officers Chair of the Board
Elizabeth Cotton
1161 San Marino Avenue
San Marino, CA 91108
626.683.1105 (hm)
Co-President/ C-EO's
Mort Swales and Gary Wheeler
Front Porch
303 North Glenoaks Boulevard
Suite 1000
Burbank, CA 91502
818. 729.8100
818.729.8200 (fax)
Chief Financial Officer /Secretary
William E. Jennings
Front Porch
303 North Glenoaks Boulevard
Suite 1000
Burbank, CA 91502
818.729.8100
818.729.8200 (fax)
Assistant Secretary
Russel Kully, Esq.
Arnold & Porter, LLP.
777 South Flower Street
44th Floor
Los Angeles, CA 90017
213.243.4000
213.243.4199 (fax)
,.
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PLANNING COMMISSION RESOLUTION NO. 3791
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW A
PROFESSIONAL CARE FACILITY ON PROPERTY
GENERALLY LOCATED AT 2855 CARLSBAD
BOULEY ARD AND ON THE VACANT PARCEL
LOCATED DIRECTLY WEST OF THE EXISTING
CARLSBAD BY THE SEA LUTHERAN HOME.
CASE NAME: CARLSBAD BY THE SEA LUTHERAN
HOME
CASE NO: CUP 94-10
WHEREAS, California Lutheran Homes has filed a verified application with
the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a conditional
use permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 16th day of August, 1995 and on the 6th day of September, 1995,
hold a duly noticed public hearing to consider said application on property described as:
Parcel A: Block 8 and 9 of town of Carlsbad, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 365, filed in the Office of the County
Recorder of San Diego County February 2, 1887; also all of
Garfield Street adjoining said Blocks 8 and 9 as vacated and
closed to public use. Together with the Southeasterly ½ of
Cedar Street as street is shown on said map adjoining said land
on the northwest which upon closing would revert, by operation
of law to the above described land.
Parcel C: Lots 50, 51, 52 and the south 15 feet of Lot 49, in
Block "A" of Map No. 2 of the Hayes Land Company,
incorporated, addition, in Carlsbad, County of San Diego, State
of California, according to Map thereof 1221, filed in the Office
of the County Recorder of San Diego County, November 4,
1909.
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• •
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Planning Commission
considered all factors relating to CUP 94-10.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the Qty of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public bearing, the Comnrission
APPROVES Conditional Use Permit, CUP 94-10, based on the following findings and
subject to the following conditions:
Findings:
1.
2.
3.
That the requested use is necessary or desirable for the development 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 since the use is: 1) considered
necessary and desirable to satisfy the needs of the elderly in the community; 2) a
commercially operated retirement home with residential characteristics which is
consistent with the area's residential and commercial General Plan Land Use
designations; 3) a commercial professional care operation providing living units
which are not subject to residential density ranges or the Growth Management
growth control point; and 4) in compliance with Noise, Circulation, and Open Space
(Historical Preservation) Element policies as conditioned.
As designed and upon Planning Commission approval of front and side yard setback
variances on Parcel C, and City Council approval of a partial vacation of excess
Christiansen Way right-of-way, the site for the intended use is adequate in size and
shape to accommodate the use since coverage, setback, and landscape requirements
will be satisfied.
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 illustrated on the approved Exhibits "A" -"V", by:
1) design features such as the replication of the historic front facade; 2) terraced
down architectural design in which the development is smaller in scale in and
adjacent to the beach area; 3) addition of onsite subterranean parking garages; 4)
orientation of Parcel B living units away from adjacent commercial development to
the south; and 5) enhanced landscaping including the retention and/or replacement
of numerous palm trees e~isting on the site, and the addition of a landscaped
promenade to the beach within the Grand Avenue right-of-way.
PC RESO NO. 3791 -2-
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4.
• •
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that there will be no net loss of public
parking spaces, roadway operations and LOS will not be negatively impacted.
Additionally, pedestrian circulation and safety will be improved due to the addition
of curbs and sidewalks along all street frontages. With the addition of onsite
parking, the CLH project will result in an actual gain of 46 onstreet public parking
spaces currently utilized by CLH residents and staff.
Planning Conditions:
1.
2.
3.
The Planning Commission does hereby approve the conditional use permit for the
Professional Care Facility Project entitled "Carlsbad By The Sea Lutheran Home"
(Exhibits "A"• "V", dated August 16, 1995) on file in the Planning Department and
incorporated by this reference, subject to the conditions herein set forth. Exhibits
"A • V" shall be revised to reflect the required driveway access ramp redesign shown
on Exhibit ''W' and revised Attachment "E" approved by the Design Review Board
and Planning Commission. These revised exhibits shall be submitted to the
Planning Director within 30 days of final project approval. Staff is authorized and
directed to make or require the Developer to make all corrections and modifications
to the conditional use permit documents, as necessary to make them internally
consistent and conform to Planning Commission's final action on the Project.
Development shall occur substantially as shown on the approved exhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
Approval of CUP 94-10 is granted subject to the approval of RP 94-06 and CDP 94-
06. CUP 94-10 is subject to all conditions contained in Design Review Board
Resolution No. 230 and 231 for RP 94-06 and CDP 94-06, respectively.
This Conditional Use Permit is granted for a period of ten years. 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
substantial negative effect on surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such substantial negative effects,
the Planning Director shall recommend that the Planning Commission, after
providing the permittee the opportunity to be heard, add additional conditions to
reduce or eliminate the substantial negative effects. This permit may be revoked at
any time after a public hearing, if it is found that the use has a substantial
detrimental effect 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 ten years upon written application of the
permittee made no less than 90 days prior to the expiration date. The Planning
Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and
welfare. If a substantial negative effect on surrounding land uses or the public's
health and welfare is found, the extension shall be denied or granted with conditions
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which will eliminate or substantially reduce such effects. 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 September,
1995, by the following vote, to wit:
AYES:
NOES:
Chairperson Welshons, Commissioners Compas, EIW.in, Monroy,
Nielsen and Savary
ABSENT: Commissioner Noble
ABSTAIN:
ATTEST:
MICHAELJ.OLILLER
Planning Director
PC RESO NO. 3791
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
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