HomeMy WebLinkAbout1992-03-04; Planning Commission; Resolution 32973 0 0
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PLANNING COMMISSION RESOLUTION NO. 3297
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
EXTENSION OF A CONDITIONAL USE PERMIT ALLOWING
A SENIOR HOUSING PROJECT ON PROPERTY LOCATED AT
3363 TYLER STREET.
CASE NAME: TYLER COURT
CASE NO: CUP 217(A)x1
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6 ll WHEREAS, a verified application has been filed with the City of Carlsbad
7 /I and referred to the Planning Commission; and
a WHEREAS, said verified application constitutes a request as provided by 9
lo I/ Title 21 of the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on the 4th day of March, 1992, hold a duly noticed public hearing tc
consider said application on property described as:
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A Portion of Lot No. 9 and No. 10 of the Subdivision Tract in
the City of Carlsbad, County of San Diego, State of California,
Map No. 1743.
l7 // WHEREAS, at said public hearing, upon hearing and considering all
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testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 217(A)x1.
2o I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
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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 Commissior
APPROVE CUP 217(A)x1, based on the following findings and subject to thf
following conditions:
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Findings:
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1. That the requested use is necessary or desirable for the development of thl
the general plan, and is not detrimental to existing uses or to uses specificaUJ
permitted in the zone in which the proposed use is to be located;
2 comunity, is essentially in harmony with the various elements and objectives 0.
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That the site for the intended use which has been expanded to include a .2O acrc
parking lot continues to be adequate in size and shape to accommodate the use
That 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 have been provided and maintained;
That the street system serving the proposed use is adequate to properly handle al:
traffic generated by the proposed use. Street improvements widening Tyler Streel
have been constructed since project approval.
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Conditions:
1. All Conditions imposed upon CUP 217 and CUP 217(A) as stated in City Council
Resolution Nos. 6985 and 7474 shall apply as conditions of approval for CUP
217(A)x1 except: a) Condition No. 21 of City Council Resolution No. 6985 shall
be amended by Condition No. 2 below; and b) Condition No. 15 of City Council
Resolution No. 7474 as shown on Exhibit "X?, dated January 17, 1984, shall be
amended by Condition No. 3 below.
2. This conditional use perrnit is extended for a period of 8 years one and one-half
months from the date of expiration or from January 17, 1989 through March 4,
1997. 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 prodding the pe&ttee 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 no 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
PC RES0 NO. 3297 -2 -
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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.
3. The applicant shall comply with the following rental requirements which shall lx
made part of the lease agreement executed for all rentals at this project:
a. The minimum age of at least one occupant of each unit shall be sixty-twc
b. There shall be no more than two people residing in any one-bedroom unit
c. There will be no more than three people residing in any two-bedrmn
apartment, and that two of the three will be over sixty-two, and the thirc
person over thirty-five, except that if the third person is a live-in nurse o
d. Prior to any rentals the lease shall be summarized to the City for approval.
e. The minimum age for any occupant of any unit shall be twenty-five years
years of age.
attendant rq&ed for medical reasons.
of age.
4. If the property owner/owner's address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 4th day of March, 1992, bg
3 the following vote, to wit:
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AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm
Holmes, Savary & Noble.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Hall.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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PLANNING DIRECTOR
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PC RES0 NO. 3297 -4-
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