HomeMy WebLinkAboutCUP 128A; City of Carlsbad; Conditional Use Permit (CUP)APPLICATTON NO. CONDITIONAL USE PERMIT 128 (Amendment)
CITY, OF CARLSBAD
(Please Tipe of Print) Date: 1.
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REQUEST: Conditional Use Per.mi t to --(-mFflyxplaiii.
Use existing church buildings and property as a Community Center.
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LOCATION: The subject property is generally located on the
East side Of Har dincr Street between ~lrn Avenue
and Oak Avenue
ASSESSOR'S NUMBER: Book 203.Page 352 Parcel 12
Book 203 Page 353 Parcel 5,6&7 (If'more, plea-se list on
bottom of this page).
PROPERTY 0:lrNER'S SIGNATURE A d d r'e s s City Zi P-- Phone
Person Responsible for PreGaration of Plan:
Name Address City Zip Phone I-
Timothy C. Flanagan 1200 Elm Avenue Carlsbad 92008 729-1181
Registration or Lice No: RCE '18426
Applicants Signatur
I hereby declare th ion contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to.
*D/&rnfl& rufi a *"&J
Address City Zip Phone Name
Edgar Y. Johnson 1200 Elm Avenue Carlsbad ' 92008 729-1181
Representing (Company or Corporation) City Of Carlsbad .
The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the pro- posed development. In an effort to aid the applicant, the Planning Department requests the+ it be given an opportunity to evaluate-and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or revision of $he plan which only serves to lengthen the processing time.
ATTACHMENTS:
Supplemental Information Form - Planning 22 Standard Conditlon-Planning 27 Preparation Check List - Planning 32 Procedures - Planning 36
SUPPLEMENTAL.INFORMATION FORM
CONDITIONAL USE PERMIT
1) Gross Acres.(or square footage if less than acre) 41,650
2) Zone Residential Professional c
Residential Professional e
4) The Present Use of the Subject Property
Church and accessory buildings
5) By law a Conditional Use Permit may be approved only -if certain facts are found to exist. Please read these required facts carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary:
a) Explain why 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:
The development will provide recreational activities to the City as set forth in the Parks and Recreation Element of the General
Plan. Renovation, landscapinq, and off-street parkinq will enhance
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the existing neiqhborhood. -
b) Explain why the site for the intended use is adequate in size and shape to accomodate the use: The existing buildings, with minor interior alterations, are
adaptable for recreational uses and assembly areas.
c) Explain why you believe the proposed yards, setbacks, walls, fences, landscapinq, etc., will be adequate to adjust the requested use to existing or permitted future uses in the
neighborhood': The required amenities around the buildings ujJ1 improve the appearance o'f the site and adeauatelv contain the intended use so as not to adversely impact other uses in the neiqhborhood.
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d) Explain why you believe the street system serving the proposed use is adequate to properly handle all traffic gener- ated by the proposed use:
All streets in the area are improved to adequately handle current and future traffic
** If you need more. space to answer the above, please use reverse side of this form or separate sheets.and attach to this form.
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- .* RETURN RECORDED 'CU?:ENT TO: . 7 ... . City of CarlsbaK' 1200 Elm Avenue Carli,bad, California 92008 ' -L j. 6
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THIS AGREIr:PlEi\lT is made this (53 day of my I
1374, between CARLSBAD ILJVESTMENT CORPORATION (hereinafter
referred to as Party A) and COLONIAL MALL, LTD., a Limited
Partnership, (hereinafter referred to as Party B), both of
Carlsbad, California.
R E C I T A L S:
;WEREAS, the parties own adjoining parcels of real
estate in the City of Carlsbad, County of San Diego, State
of California, described as follows:
1. Parcel A is owned by Party A and is described in
Exhibit "A" attached hereto.
2. Parcel B is owned by Party B and is described in
Exhibit 'IB" attached hereto.
WHEREAS, Party A has constructed a restaurant on Parcel ..
A knoyn as The Wayside Inn. The principals.of Party A
are also the principals of Party B and desire to develop
Parcel i3 for a Colonial Mall shopping and professional complex;
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WHE1EAS, there is insufficient parking on Parcel B,
to accommodate the proposed development; and
\7HEREPS, Section 21.44.160 of the Carlsbad Municipal
Code provides for the joint use of parking facilities in
P,ssessor's Parcel 80s. 156--180-39
15€-1EO-23 and 156-180-35 n
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certain circumstances.
tion on Parcel A has been determined to be primarily a
nighttime use. Therefore, under the terms of the ordinance .
a portion of the parking spaces on Parcel A may be made
In this case; the restaurant opera-
available to satisfy the parking requirement on Parcel B,
which has been classified primarily as a daytime use; and
WHEREAS, Party A.and Party B have asked that the
City of Carlsbad approve said joint use of parking facilities
in order to facilitate the planned development, it is a condi-
tion o'f such approval that'the parties exchange mutual
agreements and covenants and easements to insure that the
parking spaces will be available in the future;
NOW, THEREFORE, the parties agree as follows: *
1. Party A hereby grants to Party B an easement
in favor of Parcel B over Parcel A as follows: The ease-
ment is nonexclusive and the owner of Parcel B shall have
the right to utilize up to a maximum of 50 parking spaces
located on Parcel A, in'cluding any necessary rights of
access.
2. Party B hereby grants to Party A an easement
in favor of Parcel A-over Parcel B as follows: The ease-
ment is nonexclusive and the owner of Parcel A shall have
the right to utilize up to a maximum of 50 parking spaces
located on Parcel B, including any necessary rights of
access.
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3. These mutual easements are superior and para-
mount to the rights of any of the parties hereto in the
respective servient estates so created, and the parties
further agree that these covenants shall run with both par-
cels of land described herein and may not be removed or
modified without the consent of the City of Carlsbad.
4. In order to insure that the mutual exchange
of easements is meaningful and insures adequate parking to
meet the ordinance requirements of the City of Carlsbad is
available to both parcels at all times, the parties further
agree as follows:
(a) Party A will at all times in the future keep
in good repair all driveway and parking facilities located
upon Parcel A, including any capital improvements made with
, respect thereto. All such repairs and improvements shall
be made at'the expense of Party A.
(b) Party B will at all times in the future keep
in good repair all driveway and parking facilities located
upon Parcel B, including any capital improvements made with
respect thereto.
be made at the expense of Party B.
All such repairs and improvements shall
(c) These mutual covenants are superior and para-
mount to the rights of any of the parties in the respective
servient estates so created, and thc parties further agree
that these covenants shall run with both parcels of land
'described herein. The City of Carlsbad,retains the right
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to seek enforcement of th9se covenants.
IN WITNESS WHEREOF, the parties hereto have executed.
this agreement at Carlshad, California, the day and year
first above written.
Acknowledgments
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
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On May 13, 1974, before me, the undersigned;a Notary
Public in and for said State, personally appeared Robert L.
Watson, known to me to be the President of the corporation that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its
bylaws or a resolution'of its board of directors.
official seal. /..
On May 8, 1974, before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert L. Watson known to me to be the General Partner of the Limited Partnership that executed the within instrument and acknowl-
edged to'me that such partnership executed.the same. .. 'WITNESS my hand and official seal.
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t42i:.:.; rj::.!C - CALIFCBNIA
F::;;C:?;.L OXICE iN B i s;,;.1 e:.=o CCUt4M 4.
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' EXHIBIT "A"
Parcel ''A" of Parcel Map No. 1007, in the City of Carlsbad,
County of San Diego, State of'california, according to Map
recorded in the office of the County Recorder September 25,
1972 as File No..256552, being a portion of Tract I15 of
Carlsbad according to Amended Map of the.Town of Carlsbad,
Map No. 775, filed in the office of the County Recorder of
San Diego County, February 15, 1894.
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That nortioa of
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LTD.
Town 6L" Crirlsbad, in the County of San Diego, State of CalifojxIia, accorc?ir,g to Map there05 Na, 535, filed in the
office 02 the County Recorder of San Diego County, Play 2; 3.888; TGGETilZX WITH i? portion of Tract 115 of the Town of
Carlsbad, in the County of Sa Diego, State of California,
zccording to Ha? thereof No.775, filed in the ofr'ice of ths County liecorder of Sal? Diego County, Zebruary 15, 1894+ .. descritjcd as follcws :
Beginning at point on the Southezsterly iine of Elm Avenue, distznt thereon Sorth 55'27 0G" East, 1081.98 feet from
the most Kestcrly carrier of Trat No. 115 as shown on Xap .
thereof Eo. 1661 or' Cerlsbad Lazds, filed in the office of the County LPecorder of San Diego Co~nty, %arch 1, 19t5,.said
point being the rLost Sorthherly cokner of land described in . deed to George Prudhonme, et ux, in deed recorded in Eook
2011, Page 005 of Ofr'icial Records; thence along the South-
easterly li,ne of said Prudhcraie's land North 55°27'C0" Ezst,
162.30 feek to a point distant thereon South 55°27'00" West, 79.00 feet from the most Westerly corner of land described in deed to George E. Leach,'recorded Decenber 21, 1927 in
'Book 1395, Page 240 of Deeds; thenc'e South 34"33'00" East, .
200.00 fe2t to the Sostheaskerly line of said Lot 24; therrce
alorig the Southeasterly Line of sai2 Lot 24 and the South- weSterly prolongation thereof! South 55O27 '00" West , 162.30 feet; thence. Korth 34033'00" West, 200.10 feet to the Point of Beginning.
EXCEPTING therefrorn.that portion described as follows:
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Beginning at a point on the Southeasterly line of Elm Ave- nue, 6istant 'thereon North 5S027'00" East, 1141:98 feet
from the nost Westerly corner of Tract 115, as shown on Mlip thereof No. 1661 of Carlsbad Lands, filed in the office of
the County Recorder of San Diego County, >?arch 1, 1915;
thence Xorth 55*27'00" East along said Southcasterly line
102.30 feet; thence South 34°33'00" East, 2.00 feet; thence South ~5~27'00" West, 102.30 feet; thence North 34O33'00"
West, 2.00. feet to the Point 02 Beginning.
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ALSO EXCEPTIXG therefrom those poztions described in deeds
to the State of California, recorded Narch 12, 3.968 as File KO. 41121 and Decernber 10, 1968 as FiLe No.;215586.
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