HomeMy WebLinkAbout1977-04-13; Planning Commission; Resolution 1350-~ .... P 1 r
l. /I PLANNING COMMISSION RESOLUTION NO. 1350
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FtESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING A CONDITIONAL USE PERMIT REQUEST TO PERMIT
OPERATION OF A RESIDENTIAL CARE FACILITY
FOR SIX PERSONS LOCATED ON THE SOUTH SIDE
OF TAMARACK AVENUE BETWEEN LIN MAR LANE AND HIBICUS CIRCLE. CASE NO. : CUP-134 APPLICANT: THOMAS E. STEVENSON
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8 I1 WHEREAS, a verified application for a certain propert!
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to wit:
The Northwesterly 220 feet of the Southwesterly Half
of the following described property: That portion
of Tract 232 of Thum Lands, in the County of San Diegc
State of California, according to the Map thereof No.
1681, filed in the Office of the County Recorder of
San Diego County, December 9, 1916, and more particul'
described in the files of the Planning Department of
City of Carlsbad. Assessor's Book 206, Page 4, Parce
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has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a requ
as provided by Title 21 of the "Carlsbad Municipal Code"; an
WHEREAS, the public hearing to consider the subject
Conditional Use Permit was held at the time and in the place
21 I/ specified in the public notice on April 13, 1977; and
22 ll WEREAS, at said public hearing, upon hearing and
23 /I considering the testimony and arguments, if any, of all Pers
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who desired to be heard, said Commission considered all fact
relating to the requested Conditional Use Permit and found t
following facts and reasons to exikt:
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1) The requested use is necessary or desirable for the devel of the community, is essentially in harmony with the var: elements and objectives of the general plan, and is not c
mental to existing uses or to uses specifically perrnittec
the zone in which the proposed use is to be located.
a) The activity has been established in the area for a I
b) The residents of the facility will positively contril
c) The facility will provide a necessary and desirable
of years with no negative results.
to the community and the residential area.
service to the community.
2) The site for the intended use is adequate in size and shi to accommodate the use:
a) The development standards for Residential Care Facil. contained in Zone Code (Section 21.42.010(8)), conce:
outdoor and indoor recreation areas, sleeping areas,
access and parking have been met on the site.
3) All of the yards, setbacks, walls, fences, landscaping a: features necessary to adjust the requested use to existi:
or permitted future uses in the neighborhood will be pro. and maintained :
a) The locations of the proposed project's features are
b) The existing structure and improvements are complete
c) Periodic review of the CUP will insure maintenance o
adequately removed from surrounding residences.
fenced from surrounding property.
facility.
4) The street system serving the proposed use is adequate t properly handle all traffic generated by the proposed us
a) The facility has been in existence, accommodating fo persons for a number of years with no negative impac
b) An additional two persons at the facility will not c
negative impacts on the existing street system.
c) On-site parking is available in addition to street p
NOW, THEREFORE, BE IT RESOLVED by the Planning Commis
I of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and conside the applicable law, the decision of the Planning Commiss
is to approve the Conditional Use Permit (CUP-134), subj
to the following conditions:
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1) Approval is granted for the land described in the
application and attachments thereto, and as shown on
plot plans submitted labeled Exhibit A and B, dated 2
The location of all buildings, fences, rooms, roadwaq parking and recreation areas, landscaping and other facilities shall be located substantially as shown or
the plot plans labeled Exhibit A and B except as pro\ otherwise herein.
2) This approval is granted for the residential care fac
described in the application only. It is not assign?
to other types of residential care facilities without
the approval of the Planning Commission
3) This Conditional Use Permit shall be reviewed on thrc
year basis from the date of final approval. The rev]
shall cover the conditions of approval and Section
21.42.010(8) of Title 21. The Planning Commission mc
upon receipt of the report, conduct a public hearing
in accordance with Chapter 21.54 of the Municipal Coc
consider amendments to or revocation of the CUP.
4) No modification shall be made to the operation of thc
facility which violate the standards set forth in Sec
21.42.010(8) without prior approval of the Planning
Commission.
PASSED, APPROVED AND ADOPTED at a regular meeting of I
City of Carlsbad Planning Commission held on Aprkl. -13, 1977,
by the following vote, to wit:
AYES : Commissioner Rombotis, Woodward, Larson:;
L'Heureux, Jose, Fikes. None. NOES:
ABSTAIN : Commissioner Watson.
ABSENT : None.
(5-2-
ERIC LARSON, CHAIRMAN
ATTEST:
RALPH S. PLENDER, SECRETARY