HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 33640 0
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PLANNING COMMISSION RESOLUTION NO. 3364
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION
OF A SINGLE FAMILY RESIDENCE INTO OFFICE SPACE FOR THE CITY CULTURAL ARTS STAFF AND TO UTILIZE THE
GARAGE FOR USED BOOK STORAGE BY THE LIBRARY ON
PROPERTY GENERALLY LOCATED AT 2955 ELWOOD
STREET.
CASE NAME: CULTURAL ARTS OFFICES
CASE NO: CUP 91-13
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12 Title 21 of the Carlsbad Municipal Code; and
13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14 Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
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
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consider said application on property described as:
A portion of the northwest quarter of Section 6, Township 12
south, Range 4 west San Bernardino Base and Meridian, in
the County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all
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considered all factors relating to CUP 91-13. 21
testimony and arguments, if any, of all persons desiring to be heard, said Commission
22 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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26 B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 91-13, based on the following findings and subject to the
27 following conditions:
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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Findinffs:
1. That the requested use is necessary or desirable for the development of thc
community, is essentially in harmony with the various elements and objectives o
the general plan, and is not detrimental to existing uses or to uses specific0
permitted in the zone in which the proposed use is to be located because th(
conversion of this single family residence to office space for the Cultural Art!
Department staff and the utilization of the garage for used book storage will no1
negatively impact adjacent uses as the exterior of the structure is not proposed tc
be modified and the office use of the structure will not create noise, odor, or oh
potential impacts to adjacent prope.rties. The location of the proposed office w
adjacent to City Hall is desirable from the standpoint of centraking city functions.
This will also allow the use of parking spaces provided at City Hall above the
minimum number required by the parking standard;
2. That the site for the intended use is adequate in size and shape to accommodate
the use as evidenced by greater building setbacks than required by the zoning
ordinance which exist for all but the interior sideyard setback. A five (5) foot
setback exists where a ten (10) foot setback is required. This however is not a
zoning violation as the structure is classified as a legal nonconforming building.
The existing residence of 1,843 square feet can accornmodate the cultural arts staff
of three full-time and two part-time persons which will use the facility. In
addition, the 888 square foot garage which will be available for used book storage
by the library faces toward City Hall and is conveniently located to the main
library;
3. 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 will be provided and maintained since the exkting setbacks, fences
and landscaping are sufficient to ensure compatibility of the use. fie project
requires 8 parking spaces based on the building size of 1,843 square feet and the
parking standard of 1 space per 250 square feet. There are 6 surplus spaces in the
City Hall parking lot which is within 300 feet of the site. The remaining two
required spaces can be provided as driveway parking. Section 21.44.060(1) of the
zoning ordinance allows driveway parking in single family zones. The Cultural
Arts staff which will use the facility number a maximum of 5 and will utilize the
City Hall parkg lot;
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use since the requested use is a result of
transferring of the work location of the Cultural Arts staff from City Hall to this
adjacent City owned property. As a result additional traffic which would adversely
impact the street system serving the site is not anticipated.
I ... I pc RESO No. 3364 ‘I
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Conditions:
1. Approval is granted for CUP 91-13, as shown on Exhibit(s) "A", dated
March 18,1992, incorporated by reference and on fiIe in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. 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.
3. This Conditional Use Permit is granted for a period of two (2) 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
add additional conditions to mitigate the sigmficant 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 (5) 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
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.
Planning Commission, after providing the permittee the opportunity to be heard,
4. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
5. Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
Building Department
6. The offices are not handicap accessible nor are they equipped with handica]
facilities. The State of California Building Code, however, allows cities to lease 0:
rent facilities for up to two years without complying with handicap standards. ThC
long term use (in excess of two years) of this facility by the City will require tht
building to be modihed to meet all of the handicap requirements of the califonri;
Building Code (Title 24).
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7. There should be a level landing on each side of the main entry door within f
Department shall notify the Principal Building Inspector when this is completed s(
that it can be field verified.
months of approval of the Conditional Use Permit. The Utilities and Mainlenanu
8. There should be handrails on each side of the entry steps complying with Sec
3306(4 1988 UBC witbin 3 months of approval of the Conditional Use Permit
The Utilities and Maintenance Department shall notify the Principal Buildiq
Inspector when this is completed so that it can be field verified.
9. A light fixture recently installed in the hallway limits access to the heater. Thi
shall be corrected within 3 months of approval of the conditional Use Permit. Th(
Utilities and Maintenance Department shall notify the Principal Building Tnspecto
when this is completed so that it can be field verified.
10. The water heater's temperature and pressure relief valve should be piped to th~
exterior of the building to within 6" of grade within 3 months of approval of th(
Conditional Use Permit. The Utilities and Maintenance Department shallnotifyth~
Principal Building Inspector when this is completed so that it can be field verified
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planniq
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, b
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramn
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3364 -4-