HomeMy WebLinkAbout1986-12-17; Planning Commission; Resolution 26281
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PLANNING COMMISSION RESOLUTION NO. 2628
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A 226
SQUARE FOOT ADDITION TO AN EXISTING HOME FOR
AT 1315 BASSWOOD AVENUE.
APPLICANT: HINKLEY
CASE NO: CUP-298
WHEREAS, a verified application has been filed with the
USE AS A "GRANNY FLAT" ON PROPERTY LOCATED
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, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 17th day of December, 1986,
hold a duly noticed public hearing to consider said application on
property described as:
Lot 1 of Heisler Estates, Unit 1, in the City of
Carlsbad, County of San Diego, State of California,
according to Map No. 4147 filed April 20, 1959.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-298.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission APPROVES CUP-298, based on the following findings
and subject to the following conditions:
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Findings:
1) The proposed use is necessary and 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 specifically
permitted in this zone because there is a need for
affordable rental housing for senior citizens in close
proximity to downtown Carlsbad.
2) The subject property is adequate in size and shape to
accommodate the proposed use because, the project and its
required parking, open space and other amenities can be
provided onsite without any reduction in the required
setbacks.
3) All of the yards, setbacks, walls, fences , landscaping and
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will
be provided and maintained.
4) The street system serving the subject property is adequate
to properly handle all traffic generated by the proposed
use, because this project should generate relatively little
traffic, and the streets adjacent to the project are fully
improved.
Id' 5) The proposed project satisfies an identified citywide
15 overall need to provide affordable housing opportunities for
senior citizens.
lr6 6) The project conforms with the requirements of Subsection
17 21.42.010(11)(A)(second dwelling units) of the Carlsbad
Zoning Ordinance.
l8 7) The project is consistent with all City public facility pol-
19 l icies and ordinances since:
a) The Planning Commission has, by inclusion of an 2'0
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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 .
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b) The Carlsbad School District has written a letter, dated
September 9, 1986, stating that the proposed project
would have no direct impact upon the enrollment of
students in the Carlsbad Unified School District.
c) All necessary public improvements have been provided or
will be required as conditions of approval.
d) 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.
8) This project requires the construction of the improvements
or facilities listed in the conditions of approval or the
payment of fees in lieu of construction. This project
creates a direct need for the improvements or facilities for
the reasons stated in the staff report. If the improvements
or facilities are not provided the project will create an
unmitigated burden on existing improvements and facilities.
Further, the improvements and facilities are necessary to
provide safe, adequate and appropriate service to future
residents of the project consistent with City goals,
policies and plans.
9) 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.
10) The project is consistent with the provisions of Chapter
21.90 of the Carlsbad Municipal Code and the plans adopted
pursuant of this Chapter or has signed an agreement to be
subject to such plans when they are adopted.
Conditions:
11) Approval is granted for C.UP-298, as shown on Exhibit "A",
dated September 12, 1986, incorporated by reference and on
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
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PC RES0 NO. 2628 -3-
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12) This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement
to pay the public facilities fee dated September 11, 1986,
and the agreement to pay the Growth Management Fee dated
September 11, 1986, copies of which are on file with the
City Clerk and are 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.
13) 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.
14) 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.
15) The applicant shall prepare a 24" x 36" reproducible mylar
of the final site plan incorporating the conditions
contained herein. Said site plan shall be submitted to and
approved by the Planning Director prior to the issuance of
building permits.
16) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
17) 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
surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director 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
PC RES0 NO. 2628 -4-
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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.
18) Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
from the street or access road: color of identification
and/or addresses shall contrast to their background color.
19) 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.
20) Prior to the issuance of building permits the applicant
shall be required to add landscaping along the Basswood
Avenue property line to visually screen the required on-site
second unit parking space from views from Basswood Avenue.
21) The following requirements shall be made part of the lease
agreement executed for rental of the second unit:
a) Occupancy of the second unit shall be limited to two
people, at least one aged sixty or more.
b) The owner of the property must occupy either the main
dwelling unit or the second dwelling unit.
c) Prior to any rentals, the lease shall be submitted to
the City for approval.
Engineering Department:
22) 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. Sewer, water and other utilities shall be
through existing laterals and meters, as required by each
agency.
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23) The grading for this project is defined as regular grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any re- quired erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
If
5 24) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City 6
25) Unless a standard variance has been issued, no variance from 7
Engineer.
City Standards is authorized by virtue of approval of this fr site plan.
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26) The developer shall enter into lien contract for the future improvement of a half street width of Basswood Avenue and Adams Avenue along the project frontage prior to issuance of any grading or bullding permit for this project.
27) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
, the 17th day of December, 1986, by the following vote, to
1'7 1) wit:
I.B I1 AYES : Chairman Schlehuber, Commissioners: Hall, Schramm, Marcus & McFadden.
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20 I NOES : None.
ABSENT: Commissioners Holmes Et McBane.
21 I/ ABSTAIN : None.
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24 11 ATTEST:
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CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
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