HomeMy WebLinkAbout1989-01-18; Planning Commission; Resolution 2774t
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PLANNING COMMISSION RESOLUTION NO. 2774
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 150 TO ALLOW A 540 SQUARE
FOOT ADDITION TO THE CARLSBAD GIRLS' CLUB ON PROPERTY
GENERALLY LOCATED AT 3368 EUREKA STREET.
APPLICANT: CARLSBAD GIRLS' CLUB
CASE NO: CUP-150 (A)
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 18th day of January, 1989,
hold a duly noticed public hearing to consider said application
on property described as:
Lots 9 and 10 of Map No. 1805 in the City of Carlsbad,
County of San Diego, filed on September 4, 1924.
WHEREAS, at said public 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-l50(A).
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-l50(A), based on the following
findings and subject to the following conditions:
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Findinss :
1. That the requested use is necessary or 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 the R-1 Zone since the Girls' Club provides a
much needed service to the community, and the proposed minor
expansion to the existing use will not adversely impact any
adjacent residences.
2. The 1.14 acre site is adequate in size and shape to
accommodate the proposed expansion since the Girls' Club is
already existing and adequate parking can be provided
onsite.
3. All of the yards, setbacks, walls, fences, landscaping, and
other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will
be provided and maintained in accordance with the zoning
ordinance requirements, since the proposed expansion will
not encroach on any required setbacks.
4. The street system serving the proposed expansion is a fully improved public street system and is adequate to properly
handle all traffic generated by the proposed expansion. The existing Girls' Club itself does not generate a great deal of traffic, and the proposed expansion will not significantly increase traffic.
5. 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.
6. All necessary public improvements have been provided or will be required as conditions of approval.
7. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated
for low medium residential density development on the
General Plan. The existing Girls' Club use is located in
a converted residential structure. The proposed expansion
and the site itself are currently buffered by setbacks and
fences from the adjacent residences.
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PC RES0 NO. 2774 -2-
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8. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on September 9, 1988, and approved by the
Planning Commission on January 18, 1989. In approving this
Negative Declaration the Planning Commission has considered
the initial study, the staff analysis, all required
mitigation measures and any written comments received
regarding the significant effects this project could have
on the environment.
9. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1.
Conditions:
1. Approval is granted for CUP-150 (A) , as shown on Exhibits "Att and ttBtl, dated January 18, 1989, incorporated by
reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
2. This resolution supercedes Planning Commission Resolution
No. 1446.
3. 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.
4. 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.
5. This project shall comply with all conditions and mitigation
required by the Zone 1 Local Facilities Management Plan
approved by the City Council on September 1, 1987,
incorporated herein and on file in the Planning Department
and any future amendments to the Plan made prior to the
issuance of building permits.
6. 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.
PC RES0 NO. 2774 -3-
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7. 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.
8. This approval shall become null and void if building permits
are not issued for this project within one year from the date of project approval.
9. This conditional use permit is granted for a period of ten 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 administratively extended
for a reasonable period of time not to exceed five years
upon written application of the permittee made no less than
90 days prior to the expiration date. In granting such
extension, the Planning Director 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 sent to the
Planning Commission and considered as an original
application for a conditional use permit. There is no limit
to the number of extensions the Planning Director or Planning Commission may grant.
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10. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and
the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
11. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
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PC RES0 NO. 2774 -4-
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12. The applicant shall prepare a detailed landscape and
the Planning Director prior to the issuance of grading or 1
building permits, whichever occurs first. 2
irrigation plan which shall be submitted to and approved by
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13. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
14. Any signs proposed for this development shall at a minimum
and shall require review and approval of the Planning 5 be designed in conformance with the City's Sign Ordinance
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and/or addresses shall contrast to their background color.
from the street or access road; color of identification 8
all new and existing buildings so as to be plainly visible 15. Building identification and/or addresses shall be placed on 7
Director prior to installation of such signs.
handicapped parking, shall be provided to the satisfaction
16. Prior to the occupancy of the proposed expansion, nine paved
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of the Planning Director, 11
onsite parking spaces, one of which shall be designated for
12 17. This CUP is being granted for the subject site for uses
amendment to this CUP.
Any new construction or unusual activities will require an 13
associated with normal and routine girl's club activities.
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18. A six foot solid barrier is to be provided along the
property lines to separate the proposed use from the
neighboring residential use. Subject barrier to be placed
prior to occupancy of the expansion. Subject barrier will
observe required setbacks. The barrier adjacent to the
neighbor on the south will be of solid material, while the
barrier along the back may be a fence and plant material.
19. Applicant will maintain an active weed abatement program for
the entire site,
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All developments on the site will be designed to maintain
the residential character of the neighborhood.
Use of the premises for Girls' Club activities, other than
administrative functions, shall be restricted to the hours
of 7r00 a.m. to 1O:OO p.m. daily.
The Girlsr Club will maintain an active noise control
program so that noise from club activities will not be a
nuisance to the surrounding neighborhood. Children shall
be prohibited from playing in the driveway and only quiet
activities shall be allowed in the two rooms that are located in the southernmost portion of the building.
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PC RES0 NO. 2774 -5-
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111 Enqineerinq Conditions
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23. 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.
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24. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this Site Plan.
25. Prior to construction of the new driveway approach, a right
8 of way permit shall be obtained from the City.
9 26. Prior to building permit issuance, the owner shall enter
overhead utility lines along and across from the frontage into an agreement to pay fees for underground of all
of the project. 10
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12 installed along the frontage of the project.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
14 Planning Commission of the City of Carlsbad, California, held on
15. the 18th day of January, 1989, by the following vote, to wit:
27. Prior to occupancy of the new addition, sidewalks shall be
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AYES : Chairman Hall, Commissioners: Schramm,
Schlehuber, Holmes, McFadden and Erwin.
NOES : None.
l8 I1 ABSENT : Commissioner Marcus.
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ABSTAIN: None.
,0111 14aLY MATTI-kW HALL, Charman
CARLSBAD PLANNING COMMISSION
23 I/ ATTEST:
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MICHAEL J. &~LZMIL!&R
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PC RES0 NO. 2774 -6- 27
PLANNING DIRECTOR
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