HomeMy WebLinkAbout1986-08-27; Planning Commission; Resolution 2560,A
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I. I/ PLANNING COMMISSION RESOLUTION NO. 2560
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
TO OPERATE A BED AND BREAKFAST INN ON PROPERTY LOCATED AT
320 WALNUT STREET,
APPLICANT: HALE
CASE NO: CUP-291
WHEREAS, a verified application has been filed with the
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:14 Tract 219 of Thum Lands, in the City of Carlsbad, County
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11 6 WHEREAS, at said public hearing, upon hearing and
17 considering all testimony and arguments, if any, of all persons
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20
relating to CUP-291. 19
desiring to be heard, said Commission considered all factors
Zity 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, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 27th day of August, 1986, hold
a duly noticed public hearing to consider said application on
property described as:
Northeasterly 60 feet of the southwesterly 120 feet of
of San Diego, State of California, according to Map No.
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Commission of the City of Carlsbad as follows:
(B) That based on the evidence presented at the public hearing, the 23
(A) That the foregoing recitations are true and correct.
Commission APPROVES CUP-291, based on the following findings
24 and subject to the following conditions:
25 Findings: II 26 1) The requested use is desirable for the development of the
community, is essentially in harmony with the various elements 27 and objectives of the General Plan, and is not detrimental to
existing uses or to uses specifically permitted in the zone in 28 which the proposed use is to be located, for reasons stated in
the staff report, dated May 28, 1986.
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1 2) The site for the intended use is adequate in size and shape
to accommodate the use, €or reasons stated in the staff
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3 3) All of the yards, setbacks, fences, landscaping and other I
features necessary to adjust the requested use to existing or
and maintained, or a variance has been issued by the Planning
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4) The street system serving the proposed use is adequate to 6
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permitted future uses in the neighborhood will be provided
properly handle all traffic generated by the proposed use, 7 for reasons stated in the staff report.
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i) The project is consistent with all City public facility pol- 1
icies and ordinances since:
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a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and
building cannot occur within the project unless sewer
service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b) ~ll necessary public improvements have been provided or
will be required as conditions of approval.
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c) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
General Plan.
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The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for 11 multiple residential development on the General-Plan. 21
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7) The applicant is by condition, required to pay any increase -
in public facility fee, or new construction tax, or
development fees, and has agreed to abide by any additional
requirements established by a development management or public
facility program ultimately adopted by the City of Carlsbad.
This will. ensure continued availability of public facilities
and will mitigate any cumulative impacts created by the
project.
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substantially as shown unless otherwise noted in these
"E" , dated August 13, 1986 incorporated by reference and on
1) Approval is granted for CUP-291, as shown on Exhibits "A" - 2
Conditions: r 3
conditions. 4
file in the Planning Department. Development shall occur
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2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map. 1
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4)
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This project is also approved under the express condition
that the applicant pay the additional public facilities fee
adopted by the City Council on April 22, 1986 and any
development fees established by the City Council pursuant to
Ordinance No. 9791 or subsequent ordinance adopted to
implement a growth or development management system or public
facilities phasing plan and to fulfill the subdivider's
agreement to pay the public facilities fee dated , 1986 a copy of which is on file with the
City Clerk and is incorporated by this reference. If the fees
are not paid this application will not be consistent with the
General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
This approval shall become null and void if building permits are not issued for this project within one year from the date II of pro j ect approval. 19
20 1 6) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983. 21
7) The applicant shall prepare a 24"x36" reproducible mylar of 22
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the Planning Director prior to the issuance of building 23
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
permits.
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8) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of building permits.
The landscape plan shall include additional tall vertical
trees (such as eucalyptus, cottonwood, or silk oaks) around
the perimeter of the project to provide scale and accent.
Special landscape accents shall be provided in these areas:
along the western property line from the street to where the
building begins, in front of parking space No. 1 to screen it
from the street (i.e., with a hedge), and in the area between
the parking lot and the entrance to the building. Enriched
paving shall be incorporated in the landscape plan at the
entrance to the building and in the driveway.
Bl 9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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10) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Planning Director prior to
installation of such signs.
11 1 This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the
Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use does
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the
Planning Director determines that the use has such significant
adverse impacts, the manager shall recommend that the Planning
Commission, after providing the permittee the opportunity to
be heard, add additional conditions to mitigate the
significant adverse impacts. This permit may be revoked at
any time after a public hearing, if it is found that the use
has a significant detrimental affect on surrounding land uses
and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a
reasonable period of time not to exceed five years upon
written application of the permittee made not less than 90
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 the
public's health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
no limit to the number of extensions the Planning Commission
may grant.
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If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in
Government code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the
condition complies with all requirements of law.
Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any
increase in the public facilities fee or additional tax on new
construction and/or new development fees established by the
City Council pursuant to Chapter 21.90 of the Caxlsbad
Municipal Code.
9 14) A resident manager or owner must live at and be involved in
the daily operation of the facility. Documents pertaining to
submitted for staff approval prior to building permit 10
issuance. 11
the operation and maintenance of such facility shall be
12 15) No meals will be served other than for guests/managers ll staying at the facility.
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16) Exterior lighting shall be designed to limit direct light
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seven days. 17
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17) No kitchens or other cooking facilities are permitted in the 15
glare outside of the project site.
A six foot high wooden fence shall be provided along the rear
and side property lines to the rear of the front yard
guest rooms.
18) Occupancy of guest units shall be limited to a maximum of
l8 'I 9, 19 setback.
20 0) Approval of CUP-291 is granted subject to approval of 1 Variance No. 377. 21
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1 !1) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer capacity is available at the time of application for
such permits and will continue to be available until time of
occupancy.
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1 22) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
2 23) No grading shall occur outside the limits of the project
3 unless a letter of permission is obtained from the owners of
the affected properties. * 24) A separate grading plan shall be submitted and approved and a
5 separate grading permit issued for the borrow or disposal site
if located within the city limits. I 6
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25) Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation,
26) The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control. measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations, Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer.
I.g 1 27) Additional drainage easements and drainage structures shall be
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neer.
21 28) The owner of the subject property shall execute a hold
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harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
for this project.
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This project will be responsible for constructing a
privately owned and maintained drainage pump. The design of
this system shall be approved by the City Engineer,based on a
hydraulic analysis of the Drainage Basin. The outlet to this
drainage system shall be underground via an extension of the
existing 12" R.C.P. in Walnut Avenue.
The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the Site Development Plan. The offer ~
shall be made prior to issuance of any building permit for
this project. All land so offered shall be granted to the
City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not
required to be rededicated. I 9 31 1 The developer shall obtain the City Engineer's approval of the
project improvement plans and enter into a secured agreement
issuance of any building permit within this project. The
improvements shall be constructed and accepted for maintenance
by the City Council prior to issuance of a Certificate of
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12 Occupancy for any unit within the project. The improvements
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are:
a) The private drainage pump system
b) The extension of 12" R.C.P. to north side of Walnut
c) Half street improvements of Walnut Avenue based upon a
Avenue
centerline to curb width of 20 feet, along the frontage
of this project, including offsite transitions.
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I l8 1 2) Unless a standards variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
19 b3) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
be of a variety selected from the approved Street Tree List.
conformance with City of Carlsbad Standards. The trees shall :: 1 22 frontages of this project in conformance with City of Carlsbad
4) The developer shall install sidewalks along all public street
23 I/ Standards prior to occupancy of any buildings. I
24 !I 5) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
25 I/ regarding services to the project.
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16) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the
Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be
signed and sealed on their first page. Additionally the first
sheet of each set of plans shall have the following
certificate:
“DECLARATION OF RESPONSIBLE CHARGE” I
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the 1
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St. : I
Telephone: I I
BY Date:
(Name of Engineer)
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jl R.C.E. NO. #
137) The developer shall provide the City with a reproducible mylar
copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by the
City. The plan copy shall be submitted to the City Engineer
prior to improvement plan submittal.
38) The developer shall pay the applicable traffic impact fee
established for this area by the City Council prior to the
issuance of any building permits.
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PC RES0 NO. 2560 -8-
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1 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 I1 Planning Commission of the City of Carlsbad, California, held on
'z I/ the 27th day of August 1986, by the following vote, to wit: 3
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AYES: Chaim ScNehuber, Comnissioners: Marcus, McFadden, Schrm, Helms & Hall.
NOES: None.
6 I1 ABSENT : conmissioner %me.
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ABSTAIN: None,
CLARENC tB+-" A %
~ ~~ ~~ ~ E SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
lo 11 ATTEST :
13 (1 PLANNING DIRECTOR
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PC RES0 NO. 2560 -9-