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HomeMy WebLinkAbout1991-12-04; Planning Commission; Resolution 3320' ,. II e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3320 A RESOLUTION OF THE PLANNING COMMISSION OF'THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT TO CONTINUE PERMITTING A 226 SQUARE FOOT ADDITION TO AN EXISTING HOME FOR USE AS A "GRANNY FLAT" ON PROPERTY GENERALLY LOCATED AT 1315 BASSWOOD AVENUE. CASE NAME: HINKLEY CASE NO: CUP 298x1 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 4th day of December, 1991, hold a duly noticed public hearing to consider said application on property described as: Lot I 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 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 298x1. 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. €3) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 298x1, based on the following findings and subject to the following conditions: "" .... 'I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 FiIldiIlES: 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. 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 generates relatively little traffic, and the streets adjacent to the project are fully improved. 5. The proposed project satisfies an identified citywide overall need to provide affordable housing opportunities. 6. The project conforms with the requirements of Subsection 21.42.010(11)(A) (second dwelling units) of the Carlsbad Zoning Ordinance. Conditions: 1. All conditions of approval imposed upon CUP 298 as stated in Planning Commission Resolution No. 2628 shall apply as Conditions of approval for CUP 298x1 except as amended by Condition number 2 below. 2. This conditional use permit is granted for a period of five years and shall expire on December 17, 1996. 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 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 no less than opportunity to be heard, add additional conditions to mitigate the significant PC RES0 NO. 3320 -2- L F-. ll 1 2 3 1, e 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 of extensions the Planning Commission may grant. original application for a conditional use permit, There is no limit to the number 4 5 6 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of December, 1991, by the following vote, to wit: 8 9 10 11 12 3.3 14 15 16 17 18 19 20 21 AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble & Hall. NOES: None. ABSENT: Commissioner .. . ."- - _.". .i+&" ABSTAIN: None. . " ___; .? ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ; 22 23 24 25 26 27 28 PC RES0 NO. 3320 -3-