HomeMy WebLinkAbout1977-08-24; Planning Commission; Resolution 1397* 11 e m
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PLANNING COMMISSION =SOLUTION NO. 1397
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, CONCERNING A
CONDITIONAL USE PERMIT TO OPERATE A RESIDEN-
TIAL CAM FACILITY FOR SIX PERSONS TO BE LO- CATED ON THE SOUTH SIDE OF KELLY DRIVE BETWEEN EL CAMINO REAL.
CASE NO: CUP-138 APPLICANT : H . W BUTTS
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WHEREAS, a verified application for certain property to
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Lot 19 of Laguna Rivera Unit No. 1 in the City of
Carlsbad, County of San Diego, State of California,
according to map thereof No. 5871, filed April 21, 1976
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Planning Commission; and l2
has been filed wity the City of Carlsbad and referred to the
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as provided by Title 21 of the Carlsbad Municipal Code; and l4
WHEREAS, said verified application constitutes a request 13
WHEREAS, the Planning Commission did on the 24th day of
l6 August, 1977 , hold a duly noticed public hearing as prescribe
I" by law to consider said request; and
18 WHEREAS, at said public hearing upon hearing and considc
I' 1 the testimony and arguments, if any, of all persons who desil
2o to be heard, said Commission considered all factors relating
21 to the Conditional Use Permit and found the following facts i
22 reasons to exist:
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1) The requested use is necessary or desirable for the deve:
ment of the community, is essentially in harmony with tht
various elements and objectives of the General Plan, and not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be
located because: I
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site for a number of years.
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b) The facility will provide a necessary and desirable
service to the community.
2) The site for the intended use is adequate in size and shi to accommodate the use because:
a) The development standards for Recreational Care Fac:
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 a1
other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood wi:
provided and maintained because:
a) The locations of the proposed project's features arc
adequately removed from surrounding residences.
b) The existing structure and improvements are completc
fenced from surrounding property.
c) Periodic review of the CUP will insure maintenance c
the facility.
4) The street system serving the proposed use is adequate tc
properly handle all traffic generated by the proposed us1
because:
a) The facility has been in existance, accommodating fc
persons for a number of years with no negative impac
b) An additional two persons at the facility will not
cause negative impacts on the existing street systel
c) On-site parking is available in addition to street
parking.
5) The proposed use is consistent with the General Plan beci
a) The Land Use Plan designates the area as Low-Medium
Density Residential (RLM, 0-4 du's per acre). The
proposed use will not affect that designation.
b) The Land Use Element provides for "Unique and Specii
Uses" using the same criteria as required for Condi-
Use Permits.
6) The subject application has complied with the requiremen.
the Carlsbad Environmental Protection Ordinance of 1972
because :
a) A Negative Declaration has been issued for the projc
based on the following findings;
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1. A residential care facility has already been
established in the subject location with fewer persons.
2. The area is an established residential environm
3. The requested use will not significantly increa traffic flow in the area.
7) The proposed use is consistent with applicable City Publi
Facilities, Policies and Ordinances because:
a) Adequate public facilities and services are current1
provided to the site under the existing use.
NOW, THEREFORE, BE IT resolved by the Planning Commissic
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 considex the applicable law, the decision of the Planning Commissj is to approve CUP-138, subject to the following conditior
1) Approval is granted for the land described in the applici and attachments thereto, and as shown on the plot plans submitted, labeled Exhibit A and B, dated 5/26/77. The
location of all buildings, fences, rooms, roadways, parkj
and recreation areas, landscaping and other facilities sl
be located substantially as shown on the plot plans label
Exhibit A and B except as provided otherwise herein.
2) This approval is granted for the residential care facilil described in the application only. It is not assignable
other types of residential care facilities without the
approval of the Planning Commission.
3) This Conditional Use Permit shall be reviewed 45 day's aj
approval and reviewed every six months for three years tS
after. The Planning Commission will determine the revier
periods at the end of the three years.
4) The existing two metal sheds shall be moved to the east !
of the house to comply with the requirements of the Zonil
Ordinance to the satisfaction of the Planning Director p! to this use being cleared by the Fire Marshall.
5) Prior to this use being cleared by the Fire Marshall, thl
applicant shall reinstate the condition of the yard to a
standard compatible with the surrounding neighborhood to
satisfaction of the Parks and Recreation Director.
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6) By the approval of this Conditional Use Permit, the appli'
waives all rights for the existing non-conforming residen
care facility for four persons.
3 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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AYES : Commissioner Woodward, Larson, L'Heureux, 6
the following vote, to wit: 5
City of Carlsbad Planning Commission held on August 24, 1977
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Watson.
NOES : Commissioner, Fikes, Rombotis, Jose
ABSENT: None. 9
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13 n IC LAR N, CHAIRMAN
l4 11 ATTEST :
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