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HomeMy WebLinkAbout1978-06-14; Planning Commission; Resolution 1446I( w .I I1 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 PLANNING COMMISSION RESOLUTION NO. 1446 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW COMMUNITY FACILITY (CARLSBAD GIRL'S CLUB) ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EUREKA PLACE BETWEEN CHESTNUT AND BASSWOOD AVENUES. CASE NO: CUP-150 APPLICANT : TERREL RICHARDSON WHEREAS, a verified application for certain property to wit: Lots 9 and 10 of Optimo Tract, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1805, filed in the Office of the County Recorder of San Diego County, September 4, 1924 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 24th of May, 1978, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consic the testimony and arguments, if any, of all persons who desil to be heard, said Commission considered all factors relating to the Conditional Use Permit (CUP-150), and found the folloj facts and reasons to exist: 1) That the requested use is 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 specifica permitted in the zone in which the proposed use is to be located because: a) The general plan recognizes the need and provides for the location of this type of special use: i II I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 ! ~ w w Unique and Special Uses Within each land use designation, there is the potential for certain land uses that possess unique and special characteristics. These uses may include but are not limited to, cemetaries, churches, golf courses, mobile home parks, recreational vehicle parks, public and quasi-public accessory buildings and facilities, and hospitals. These type of uses cannot be automatically placed within any particular Land Use category and must be reviewed on an individual site basis. Criteria for this review should include the following: 1) The proposed use is necessary and desirable for the City; 2) The proposed use will be in accord with all of the Elements of the General Plan; 3) The proposed use is not detrimental to existing or planned uses in the same vicinity; 4) The proposed site is adequate in size and shape to accommodate the proposed use and any future expansion that may be necessary; 5) The street system serving the proposed use is adequate to properly handle all traffic generatec by the proposed use with minimum disruption to existing area. b) The existint Girl's Club is located in the same neighborhood and has proved to not be detrimental. 2) That the site for the intended use is adequate in size a1 shape to accommodate the use because: a) The site contains over an acre of land and now contaj the building proposed for use by the club. b) There is more than enough undeveloped land on the si1 to accommodate required parking. c) The site is directly across the street from a park which can accommodate outdoor recreational activitie: 3) That all of the yards, setbacks, walls, fences, landscap: and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained because: a) They are requred as conditions of approval of the subject CUP. I .2 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 !I w w 4) That the street system serving the proposed use is adequa to properly handle all traffic generated by the proposed use because: a) The City Engineer has determined that the existing street system is adequate to serve the proposed use. b) A lien contract agreement for future street improveme is required as a condition of approval. 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 consider the applicable law, the decision of the Planning- Commissi is to APPROVE the Conditional Use Permit (CUP-150), subje to the following conditions: 1) 2) 3) 4) 5) 6) 7) I This CUP is being granted for the subject site with the existing building and for uses associated with normal and routine girl's club activities. Any new-constructior or unusual activities will require an amendment to this C Applicant to execute a lien contract agreement for future street improvements along the Eureka Place frontage of tk subject site. Improvements shall include curb, sidewalk: gutter, half street paving and one street light. Applicant to provide 16 parking spaces per City standards or obtain a variance for relief from the required parkins prior to occupancy. A six foot solid barrier is to be provided along the pro- perty lines to separate the proposed use from the neighbc residential use. Subject barrier to be placed prior to occupancy. Subject barrier will observe required setbacl The barrier adjacent to the neighbor on the south will bc of solid material, while the barrier along the back may 1 a fence and plant material. Applicant will maintain an active weed abatement program for the entire site. All developments on the site will be designed to maintail the residential character of the neighborhood. Use of the site and structures shall be in conformance w: all State and local fire regulations. Compliance with tl following fire regulations prior to occupancy is require( a) Occupant load of the building is 50 persons. .3 II W w II 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 b) Relocate water heater or provide one hour fire protec around it. c) Install an interior local fire alarm device. d) Provide two fire extinguishers (2A, 10BC). e) Prior to occupancy, the building is to be inspected by the building and fire departments for compliance with these conditions. 8) Compliance with building code regulations is required pri to occupancy. 9) A method satisfactory to the City Engineer will be requil to consolidate the two lots at such time as use of the sj requires both parcels or crossing the common lot line wit development. 10) The Girl's Club will maintain an active noise control prc so that noise from club activities will not be a nuisance to the surrounding neighborhood. Complaints of noise wil be forwarded to the Planning Commission pursuant to Condi 13 of this report. 11) Access to the sundeck on top of the existing garage shall be removed prior to occupancy. 15 12) Use of the premises for Girl's Club activities, other thz 16 administrative functions, shall be restricted to the houl of 8:OO A.M., to 1O:OO P.M. daily. 17 18 19 20 13) This CUP will be subject to review by the Planning Commis within one year upon report from staff for compliance wit conditions of approval and the intent of the CUP. The Planning Commission may reopen the public hearing to cons the status of the CUP and/or to impose additional conditi to insure that the facility and its operation is cornpati2 with the surrounding neighborhood. 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the 22 AYES: m-ssioner woodward, -tis, Schick, Larson, YerkeS 24 the following vote, to Wit: 23 City of Car-sbad Planning Commission held on June 14, 1978, 1 25 11 NOES : None. 26 ABSENT : Codssioner Jose. 27 ABSTAIN: Conmissioner L'Heureux. 28 II xxx .4 .\ w .5