HomeMy WebLinkAbout1985-03-13; Planning Commission; Resolution 2421p F ,A a 0
1 PLANNING COMMISSION RESOLUTION NO. 2421
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A RESOLUTION OF THE PLANNING COM.MISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL
CARE FACILITY ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF PALM AVENUE BETWEEN HARDING
STREET AND INTERSTATE 5 FREEWAY.
APPLICANT: MARTIN
CASE NO: CUP-247
WHEREAS, a verified application has been filed with
7 City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a reg a
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as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
the Planning Commission did, on the 14th day of November, 198
on the 13th day of March, 1985, hold a duly noticed public he
to consider said application on property described as:
The northeasterly 93.59 feet of lot G and part of th
portion of Lot 7 and 8 in Block B of Resubdivision o
Alles Avocado Acres according to Nap 2027 filed May
1927,
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heard, said Commission considered all factors relating to CUP 19
testimony and arguments, if any, of all persons desiring to k 18
WHEREAS, at said hearing, upon hearing and consideri
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
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(B) That based on the evidence presented at the public hearin 23
(A) That the foregoing recitations are true and correct. 22
Commission of the City of Carlsbad as follows:
Commission APPROVES CUP-247, based on the following findi 24 and subject to the following conditions:
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1 /1 Findings:
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1)
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2)
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That the requested use is necessary and desirable for th
development of the community, is essentially in harmony the various elements and objectives of the General Plan, is not detrimental to existing uses or to uses specifica permitted in this zone since a residential care facility provides a necessary service and housing for senior citi
The site is adequate in size and shape to accomodate the since the building use for habitation exists and no new structure is proposed .
The street system serving the proposed use is adequate tl
properly handle the traffic generated since all the adja
public streets are fully improved and the proposed use w
generate very little traffic.
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4) All yards and landscaping will be provided and maintaine
1 ) Approval is granted for CUP-247, as shown on Exhibit "A' 15
Conditions 14
Planning Commission on March 13, 1985. 13
impacts and a Negative Declaration has been issued by t' 12
dated January 24, 1985, incorporated by reference and 01
16 in the Land Use Planning Office. Development shall OCCI substantially as shown unless otherwise noted in these
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since they already exist on the property.
5) This project will not cause any significant environment
Use Planning Manager on June 16, 1984 and approved by t
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2) This project is approved upon the express condition tha. building permits will not be issued for development of subject property unless the City Engineer determines th, sewer facilities are available at the time of applicatic such sewer permits and will continue to be available un.
time of occupancy. This note shall be placed on the fil I map .
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3) This project is approved upon the express condition tha(
applicant shall pay a public facilities fee as required
City Council Policy No. 17, dated April 2, 1982, on file the City Clerk and incorporated herein by reference, an( according to the agreement executed by the applicant fo1 payment of said fee, a copy of that agreement, dated A~I 1984, is on file with the City Clerk and incorporated ht by reference. If said fee is not paid as promised, thic application will not be consistent with the General Plal approval for this project shall be void.
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PC RES0 NO. 2421 -2-
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1 4) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab
2 ordinances in effect at time of building permit issuanc
3 5) This approval shall become null and void if building pe are not issued for this project within one year from th
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Real Water District, dated May 25, 1983. 6
6) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the
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7) The applicant shall prepare a detailed landscape and ir
tion plan which shall be submitted to and approved by t
Use Planning Manager prior to the issuance of building permits.
8) All landscaped areas shall be maintained in a healthy a] thriving condition, free from weeds, trash, and debris.
9) Approval of Conditional Use Permit 247 is granted subjet
approval of Variance 365. .
10) This conditional use permit is granted for a period of years. This conditional use permit shall be reviewed b
Land Use Planning Manager on a yearly basis to determint
all conditions of this permit have been met and that thl
does not have a significant detrimental impact on surro
ing properties or the public health and welfare. If thl Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recomrnenl the Planning Commission, after providing the permittee opportunity to be heard, add additional conditions to m the significant adverse impacts. This permit may be re. at any time after a public hearing, if it is found that use has a significant detrimental affect on surrounding uses and the public's health and welfare, or the condit
imposed herein have not been met. This permit may be e:
for a reasonable period of time not to exceed five yearr
written application of the permittee made not less than
days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or 1 public's health and welfare will result because of the continuation of the permitted use. If a substantial ad1 affect on surrounding land uses or the public's health l welfare is found, the extension shall be considered as < original application for a conditional use permit. The] no limit to the number of extensions the Planning Commi:
may grant.
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PC RES0 NO. 2421 -3-
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Engineering Conditions
11) The developer shall obtain a grading permit prior to thc
commencement of any clearing or grading of the site.
12) Additional drainage easements and drainage structures SI
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City 1
neer .
13) The developer shall pay the current local drainage area prior to issuance of any grading permits for this projec
shall construct drainage systems in conformance with thc Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
14) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the ad jacel property prior to issuance of any grading or building PI for this project.
15) Improvements listed in this section shall be installed I
agreed to be installed by secured agreement by the deve. before the issuance of any building permit. The develo; shall obtain approval of the plans from the City Enginel pay all associated fees and performance guarantees prio. issuance of any building permit. The developer shall il
said improvements to the satisfaction of the City Enginc
prior to issuance of a Certificate of Occupancy or occu]
of any portion of the project for any purpose. The improvements are:
a) Street light
16) Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of site plan.
17) The developer shall comply with all the rules, regulatil
design requirements of the respective sewer and water a1
regarding services to the project.
18) All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet
be signed and sealed, except that bound documents may b
signed and sealed on their first page. Additionally th
sheet of each set of plans shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE" ~ ~~
I hereby declare that I am the Engineer of Work for thi
project, that I have exercised responsible charge over design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
11 PC RESO NO. 2421 -A-
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
only and does not relieve me, as Engineer of Work, of mq
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
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City, St.:
Telephone:
BY
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Date:
10 R.C.E. NO. #
11 19) Prior to approval of any grading or building permits for
project, the owner shall give written consent to the
13 plan into the existing City of Carlsbad Street Lighting
Landscaping District No. 1.
14 20) The applicant shall provide four parking spaces as shown
15 Engineering standards prior to occupancy.
16 Fire Conditions
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21) Occupancy shall conform to the State Fire Marshal's
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f2) plans shall be submitted to and approved by the Fire 19
12 annexation of the area shown within the boundaries of th
Exhibit A. Parking spaces shall be improved to City
requirements for aged care facilities.
Prior to the issuance of building permits, complete builc
Department.
23) All fire alarm systems, fire hydrants, extinguishing sys-
22 project shall be submitted to the Fire Department for apl
prior to construction.
21 automatic sprinklers, and other systems pertinent to the
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
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the 13th day of March, 1985, by the following vote, to wit:
AYES : Chairman Farrow, Commissioners Schlehuber,
L'Heureux, Marcus, McFadden, Smith and
Rombotis.
NOES : None.
ABSENT : None.
ABSTAIN: None.
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TTEST : 13
CARLSBAD P~$NG COMMIS~
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15 AND USE PLANNING MANAGER iF 16
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