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HomeMy WebLinkAbout1976-08-25; Planning Commission; Resolution 1269T. 1 2 3 4 5 6 7 0 m PLANNING COMMISSION RESOLUTION NO. 1269 RESOLUTION OF THE PLANNING COMMISSION OF CERNING THE CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A RESIDENTIAL CARE FACILITY AS PROVIDED FOR IN SECTION 21. 42.010(8). APPLICANT: YMCA OF SAN DIEGO THE CITY OF CARLSBAD, CALIFORNIA, CON- CASE NO.: CUP-123 (PROJECT OZ) 811 WHEREAS, a .verified application for a certain property, 1 9(wit: 10 11 Portion of Tract 115 of the amended map of the Town of Carlsbad, Map #775, and a portion of Tract 119 of Carlsbad Lands, Map #1661 12//has been filed with the City of Carlsbad and referred to the I 1311ning Commission; and 14(1 WHEREAS, said verified application constitutes a request 151iprovided by Title 21 of the "Carlsbad Municipal Code"; and 16/) WHEREAS, the public hearing was held at the time and in I l7 18 place specified in said notice on August 25, 1976; and 19 WHEREAS, at said public hearing, upon hearing and considc the testimony and arguments, if any, of all persons who desirc to be heard, said Commission considered all factors relating 2o i 21 22 23 24 26 (a) The proposed facility will provide guidance and cou 25 ment of the community because: 2) The requested use is not detrimental to existing uses or 27 uses specifically permitted in the zone in which the pro the Conditional Use Permit found the following facts and reas1 exist: 1) The requested use is necessary and desirable for the dev ing to North County runaway and neglected youths. use is to be located because: 28 - e mt 1 2 3 4 5 3) 6 7 €3 9 4) 10 11 12 13 14 15 5) 16 17 18 19 20 21 22 the 23 A) 24 B) 25 26 27 28 (a) The proposed facility utilizes the surrounding resic neighborhood as a part of its counseling approach, i specifically avoids activities not customary in res. tial areas; (b) No structural modifications to the existing single- family house are proposed. The site for the intended use is adequate in size and shi accommodate the use because: a) The development standards for. Residential Care Faci' contained in the Zone Code (Section 21.42.010 "8"), cerning outdoor and indoor recreation areas, sleepil areas, access, and parking, have been met on the si, All yards, setbacks, landscaping, improvements, and othe' features necessary to adjust the requested use to existi' and permitted future uses in the neighborhood will be prl vided and maintained because: (a) The 'locations of the proposed project's features ar adequately removed from surrounding residences; (b) Periodic reviews of the project will be conducted t ensure the project's continued compatability with t surrounding neighborhood. The street system serving the proposed use is adequate t properly handle all traffic generated by the proposed us because: (a) Oak Avenue is an improved local residential street, the capacity to handle the minimal increase in traf generated by the project; (b) On-site parking will be provided, precluding additi on-street parking from occuring as a result of the project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio City of Carlsbad as follows: That the above recitations are true and correct. That in view of the findings heretofore made and conside the applicable law, the decision of the Planning Commiss is to approve Case No. CUP-123, subject to the following ditions: 1) Approval is granted for the land described in the a cation and attachments thereto, and as shown on the plans submitted, labeled Exhi bits A and By dated Ju 1976. The location of all buildings, fences, rooms -2- /I '. e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 roadways, parking and recreation areas, landscapin! and other facilities shall be located substantiall: as shown on the plot plans labeled Exhibits A and I except as indicated otherwise herein. 2) This approval is granted for the residential use facili. described in the application only and is not assignable Handicapped or mentally retarded persons shall not be Ci for in this facility. 3) The Planning Director shall conduct an investigation of project's operation on September 1 , 1977, and shall repc the results of his investigation to the Planning Commis: His report shall include any citizen complaints made COI ing the use. The Planning Commission may, upon receipt the report, conduct a public hearing in accordance with Chapter 21.54 of the Municipal Code to consider amendme to or revocation of the Conditional Use Permit. Should the Commission not take formal action, similar r views shall be conducted September 1, 1978 and every ye thereafter until the use is terminated. 4) Prior to the issuance of occupancy for six youths, the following conditions shall be met: (a) The missing segment of fence adjacent to the parki area shall be constructed; (b) The existing parking area shall be redesigned to t satisfaction of the Planning Director to accommoda a minimum of four (4) spaces with adequate ingress and egress; (c) Each bedroom occupied by youth, as shown on Exhibi dated July 13, 1976, shall be equipped with approc wired-in smoke detectors; (d) Owner shall execute a lien contract agreement for future public improvements in Oak Avenue along thl , parcel frontage; and (e) An alternate means of egress shall be provided frl the upstairs. ~ 5) No modifications shall be made to the operation of the facility which violate the standards set forth in Sect 21.42.010(8) without prior approval of the Planning Commission. 6) The house shall be painted within six months and main- tained so as to be in keeping with the neighborhood. xxxxx -3- *- 1 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the 'ilCity of Carlsbad Planning Commission held on August 25, 1976, 311the following vote, to wit: 4 5 6 AYES: Commissioners Rombotis, L'Heureux, Watson, Fike and Jose. NOES: None 7 8 ABSENT: Commissioners Nelson and Larson. ABSTAIN: None 9 10 a?&4) Steph2n M. L'Hedreux, Chairman 11 12 ATTEST: 13 6cf#Lt%h!L 14 15 Dona d A. Agatep, Secfetary 16 17 18 19 20 21 22 23 24 25 26 27 28 i ~ -4-