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HomeMy WebLinkAbout1973-10-09; Planning Commission; Resolution 978" c It 1) 0 I!! RESOLUTION NO. 978 2 3 4 5 i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD GRANTING A CONDITIONAL USE PERM1 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE DE- VELOPMENTALLY DISABLED ADULTS ON PROPERTY GENERAL LOCATED ON THE WEST SIDE OF EL CAMINO REAL -4539 EL CAMINO REAL - (ALFONSO FILIPPONI - CUP-91) 6 ALFONSO FILIPPONI for a Condit4onal Use Permit for the purpm 9 a duly noticed public hearing to consider the application 0' 8 the Carlsbad City Planning Commission did on October 9, 197. 7 WHEREAS, pursuant to the provisions of Ordinance No. 9 10 allowing a residential care facility for developmentally di 11 adults on property generally located on the west side of El 12 Real (4539 El Camino Real), and more particularly described I 13 I 14 15 That portion of Lot "I" of Rancho Agua Hedionda, County of San Diego, State of California, accordi to Partition Map therefo No. 823, filed in the Office of the County Recorder of San Diego County November 16, 1896. 16 S8 quirements of the "City of Carlsbad Environmental Protectiot 17 WHEREAS, the subject application has complied with the Ordinance of 1972", and has been declared "Non-significant" 19 WHEREAS, at said public hearing, the Planning Commissic 20 subject property, is hereby revoked and the file closed; an( 21 direct that Conditional Use Permit (CUP-27), referring to 1 22 WHEREAS, at said public hearing, upon hearing and cons' 23 Reasons for Approval: 27 of Ordinance No. 9060: 26 Use Permit necessary to carry out the provisions and genera 25 facts and reasons to exist which make the granting of a Con( 24 all testimony and arguments, the Commission did find the fo' 28 29 1 30 1. There appears to be a particular need for this tyl supervised institution in the area. 2. The use would not be detrimental to adjoining pro1 3. The site is adequate in size and shape to accornrnoc the proposed use. 31 the City of Carlsbad, that it does hereby grant a Conditioni 32 NOW, THEREFORE, BE IT RESOLVED by the Planning Cornmiss. c c c l e e /I (2) I 1 following conditions and limitations: 3 facility for developmentally disabled adults, subject to th 2 on said property for the purpose of allowing a residential I 4 5 6l '4 8 1. The use of the property shall conform to the writ statements on the application dated September 4, 1973, f.he,letter dated August 21, 1973, from the applicant t Planning Commission unless the following conditions ar restrictive. 2. The permit is granted for a maximum of fifteen (1 velopmentally disabled adults and a maximum of fifteen family members and personnel. 91 3. The applicant shall enter into a future agreement 10 the improvement along El Camino Real, along subject pr frontage. I 11 12 j I I 13 14 15 16 17 I 4. Unless the use is inaugurated not later than one , after the date the approval is granted and is diligent pursued thereafter, this approval will automatically b null and void. 5. All requirements of any law, ordinance or regulat State..of California, City of Carlsbad, and any other g mental entity shall be complied with. 6. Prior to obtaining a building permit and within 3 hereof, the applicant shall file with the Secretary of Planning Commission written acceptance of the conditio1 ' stated herein. 18 19 20 7. Compliance with and execution of all conditions 1 hereon shall be necessary, unless otherwise specified, to obtaining final building inspection clearance. Devii from this requirement shall be permitted only by writtr consent of the Planning Director. 21 22 23 24 25 26 27!l 8. This Conditional Use Permit is granted for a threl year period of time ending October, 1976. Prior to thl of said three year period of time, and upon pending ex; of this Conditional Use Permit, the applicant may requl the Planning Commission review the case for a possible of time. 9. The Conditional Use Permit shall expire when the 1 which it .is granted is discontinued for a period of 18 secutive days or more. 10. This Conditional Use Permit is granted to the app' only, and is not assignable to others. 28 29 30 31 11. Prior to any occupancy or the issuance of any OCCI clearance .for the structure said structure shall be in: by the Building Department for compliance to the requil of the applicable Edition of the Uniform Building Code corrections found necessary for compliance shall be pel by licensed contractors and all necessary permits shal' obtained prior to commencement of any construction or I 32 1 X X X I - .I e 0 1 2 (3) 12. Copies of all permits and licenses required by St' and County agencies shall be forwarded to the City Plai Department and said documents shall be included as par master file for this application. 3 .. 13. A fire hydrant shall be installed, at owners expel Fire Chief, prior to occupancy. 14. A six (6) foot high mesh fence shall be provided l the total property, with gate, said fence to be instal prior to occupancy. 4 within 400 feet of the main residence, or as required 5 61 7l a 1 NOES: None 13 I2 PASSED, APPROVED AND ADOPTED at a regular meeting of t g Carlsbad City Planning Commission on October 9, 1973, by th 10 following vote, to wit: 11 AYES: Commissioners Dominguez, Jose, Casler, Wrench, Palmateer and Little 3.4 1 ABSENT: Commissioner Forman I5 I 16 17 18 ATTEST: \ < J-. 7~ DONALD A'. AGA P, l.! ,I 11 21 24 2o\ 23 22 Secretary \< 19 "-" ..... ),\ (--",\ !* i 25 26 27 28 I 29 11 30 31 32