HomeMy WebLinkAbout1989-09-20; Planning Commission; Resolution 2912.\ /j
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PLANNING COMMISSION RESOLUTION NO. 2912
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ADD 4 GU ROOMS, A NEW MANAGER/OWNER’S BEDROOM, AND A FAMILY ROOM TO EXISTING BED AND BREAKFAST INN CONTAINING 3 GUEST ROOMS ON PROPE GENERALLY LOCATED ON THE NORTH SIDE OF WALNUT AVENUE APPROXIMAT 60 FEET EAST OF LINCOLN STREET. APPLICANT: HALE CASE NO: CUP 89-6
WHEREAS, a verified application has been filed with the City of
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as pi
Title 21 of the Carl sbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal Code, thl
Commission did, on the 20th day of September, 1989, hold a duly noti
hearing to consider said application on property described as:
All that portion of Tract 219 of Thum Lands, in the Cit: Carlsbad, County of San Diego, State of California, accordin map thereof No. 1681, filed in the office of the County Reco of San Diego County, December 9, 1915, described as follows: northeasterly 50.0 feet of the southwesterly 170.0 feet excel therefrom the northwesterly 100.0 feet thereof.
WHEREAS, at said public hearing, upon hearing and consii
testimony and arguments, if any, of all persons desiring to be t-
Commission considered all factors relating to CUP 89-6.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hc Commission APPROVES CUP 89-6, based on the following findings to the following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the de the community, is essentially in harmony with the various 1
objectives of the general plan, and is not detrimental to e
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or to uses specifically permitted in the zone in which the p is to be located because the proposed expansion of the exist breakfast inn is a compatible land use with surrounding mult development and will provide visitor serving facilities.
2. That the site for the intended use is adequate in size ar accommodate the use because all required parking is provided a variance has been granted by the Planning Commission fl setbacks .)
3. That all of the yards, setbacks, walls, fences, landscaping features necessary to adjust the requested use to existing o future uses in the neighborhood will be provided and main. variance has been granted by the Planning Commission.
4. That the street system serving the proposed use is adequate handle a1 1 traffic generated by the proposed use because projected to generate only an additional 32 average daily tr 9252 §l(part), 1970: Ord. 9060 51401).
5. The Planning Commission has, by inclusion of an appropriate ( this project, ensured building permits will not be issued for unless the City Engineer determines that sewer service is av; building cannot occur within the project unless sewer serv available, and the Planning Commission is satisfied that the Y of the Pub1 ic Facilities Element of the General Plan ha! insofar as they apply to sewer service for this project.
6. All necessary public improvements have been provided or will as conditions of approval.
7. The appl icant has agreed and is required by the incli appropriate condition to pay a public facilities fee. Per that contract and payment of the fee will enable this body public facilities will be available concurrent with need as the General Plan.
8. The proposed project is compatible with the surrounding futu since surrounding properties are designated for mult residential development on the General Plan.
9. This project will not cause any significant environmental i Negative Declaration has been issued by the Planning Directc 1989 and APPROVED by the Planning Commission on September 2 approving this Negative Declaration the Planning Com considered the initial study, the staff analysis, all require measures and any written comments received regarding the effects this project could have on the environment.
10. The appl i cant is by condition, required to pay any i ncrea facility fee, or new construction tax, or development ff agreed to abide by any additional requirements establishec
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Facil i ties Management P1 an prepared pursuant to Chapter 21
Carl sbad Municipal Code. This will ensure continued avai public facilities and will mitigate any cumulative impacts crf
project .
11. This project is consistent with the City's Growth Managemen
as it has been conditioned to comply with any requirement
part of the Local Facil ities Management P1 an for Zone 1.
Conditions:
1. Approval is granted for CUP 89-6, as shown on Exhibi t(s) "A"
August 15, 1989, incorporated by reference and on f i 1 e in t
Department. Development shall occur substantially as SI
otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24''
scale my1 ar copy of the Site P1 an as approved by the P1 anning The Site P1 an shall reflect the conditions of approval by thc
Map copy shall be submitted to the City Engineer prior to
building permits or improvement plan submittal, whichever oc
3. This project is approved upon the express condition that builc
will not be issued for development of the subject property
City Engineer determines that sewer facilities are available
. of application for such sewer permits and will continue to t
until time of occupancy.
4. This project is a1 so approved under the express condi ti (
applicant pay the public facilities fee adopted by the City
July 28, 1987 and as amended from time to time, and any devel
established by the City Council pursuant to Chapter 21.90 of 1
Municipal Code or other ordinance adopted to implemeni
management system or facilities and improvement plan and to subdivider's agreement to pay the public facilities fee d 1989, and the agreement to pay the Growth Management Fee d
1989, copies of which are on file with the City Cle
incorporated by this reference. If the fees are not
appl ication wi 11 not be consistent with the General P1 an and (
this project shall be void.
5. Water shall be provided to this project pursuant to the W; agreement between the City of Carlsbad and the Carlsbad Mun-
District, dated May 25, 1983.
6. This project shall comply with all conditions and mitigati
which may be required as part of the Zone 1 Local Facilitie:
Plan and any amendments made to that Plan prior to the
building permits.
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7. If any condition for construction of any public improw facilities, or the payment of any fees in lieu thereof, impost approval or imposed by law on this project are challenged thi: shall be suspended as provided in Government Code Sect ion 65s any such condition is determined to be invalid this approval
condition complies with all requirements of law. invalid unless the City Council determines that the project w
8. Approval of this request shall not excuse compliance with a1 of the Zoning Ordinance and a1 1 other appl icabl e City ord. effect at time of building permit issuance.
9. This approval shall become null and void if building permil issued for this project within one year from the date I approval.
10. Approval of CUP 89-6 is granted subject to the approval of V
11. This conditional use permit is granted for a period of five y~ conditional use permit shall be reviewed by the Planning Dir yearly basis to determine if all conditions of this permit ha1 and that the use does not have a significant detrimental surrounding properties or the public health and welfare. If t'
Director determines that the use has such significant adver: the Planning Director shall recommend that the Planning Commis providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This be revoked at any time after a public hearing, if it is foul use has a significant detrimental affect on surrounding land L public's health and welfare, or the conditions imposed here been met. This permit may be extended for a reasonable per not to exceed five years upon written application of the per no less than 90 days prior to the expiration date. In gr extension, the Planning Commission shall find that no substan' affect on surrounding land uses or the public's health and M result because of the continuation of the permitted u substantial adverse affect on surrounding land uses or t health and welfare is found, the extension shall be consi original application for a conditional use permit. There is the number of extensions the Planning Commission may grant.
Specific On Site Conditions
12. A resident manager or owner must live at and be involved ' operation of the facility. Documents pertaining to the 0' maintenance of such facility shall be submitted for staff ap to building permit issuance.
13. No meals will be served other than for guests/managers st; faci 1 i ty.
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14. Exterior lighting shall be designed to limit direct light glar of the project site and shall be located in substantial conforr the lighting plan labeled as Exhibit "H".
15. No kitchens or other cooking facilities are permitted in the gul
16. Occupancy of guest units shall be limited to a maximum of sev
17. A six foot high wooden fence shall be provided along the real property lines to the rear of the front yard setback as shown
"A".
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18. The applicant shall obtain all necessary permits from the Coastal Commission. Said permits shall be in substantial c with this approval , otherwise, this CUP must be amended. permits have been obtained shall be submitted to the City o prior to issuance of building permits.
19. Prior to the issuance of the Certificate of Occupancy there deed restriction placed on the deed to this property subjc
and successors in interest that the City of Carlsbad has Conditional Use Permit on the real property owned by the decl a1 deed restriction shall note the property description, locat file containing complete project details and all conditions ( as well as any conditions or restriction specified for inclu: deed restriction. Said deed restriction may be modified or only with the approval of the Planning Director, Planning Con City Council of the City of Carl sbad whichever has fina authority for this project.
satisfaction of the Planning Director notifying all interest
20. As part of the plans submitted for building permit plan applicant shall include a reduced version of the approving on a 24" x 36" bl uel ine drawing.
21. Any signs proposed for this development shall at a minimum in conformance with the City's Sign Ordinance and shall req and approval of the Planning Director prior to installati
signs.
22. Building identification and/or addresses shall be placed on existing buildings so as to be plainly visible from the stref road; color of identification and/or addresses shall contra background color.
23. The appl icant shall prepare a detailed landscape and irri which shall be submitted (separate from building plans) to i by the Planning Director prior to the issuance of grading permits, whichever occurs first.
24. All landscaped areas shall be maintained in a healthy a condition, free from weeds, trash, and debris.
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Enqineerinq:
25. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this Site P1;
26. The developer shall comply with all the rules, regulations a requirements of the respective sewer and water agencies
services to the project.
27. The developer shall be responsible for coordination with ! Pacific Telephone, and Cable TV authorities.
28. Prior to the issuance of building permits, an adjustment pla submitted and approved and the Certificate of Compl i ance re( consolidate the two existing lots into one.
29.. Trash receptacles shall be placed under the center stai rwell the second floor master bedroom.
30. The project shall be redesigned to increase the new driveway 1 18 feet to 20 feet.
PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 20
September, 1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Marcus, McFadden.
NOES : Commissioners : Erwin & Holmes.
ABSENT: Commissioners: Schlehuber E Schramm.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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