HomeMy WebLinkAbout1992-11-04; Planning Commission; Resolution 3445ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 3445
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO
RESIDENTIAL CARE FACILITY UNDER CUP 247x1, AND TO
WAND THE ENTIRE FACILITY BY ADDING 10 MORE BEDS
AND 15 PARKING SPACES AT 3574 HARDING STREET.
CASE NAME: HARDING GUEST HOME
CASE NO: CUP 247xl(A)
WHEREAS, a verified application has been filed with the City of Carlsbad
INCORPORATE AN EXISTING NON-CONFORMING 15 BED
and referred to the Planning Commission; and
10 WHEREAS, said verified application constitutes a request as provided by
11 Title 21 of the Carlsbad Municipal Code; and
12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
l3 Commission did, on the 4th day of November, 1992, hold a duly noticed public hearing
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to consider said application on property described as:
Lot 5 & 6, a portion of Lot 4, and a portion of Lot 8 in Block
"B" of the resubdivision of a portion of AUes Avocado Acres,
in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 2027, filed in the Office of
the Recorder of San Diego County, May 17, 1927.
19 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
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considered all factors relating to CUP 247x1 (A).
23 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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25 A) That the foregoing recitations are true and correct.
of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 247xl(A), based on the following findings and subject to
1 the following conditions:
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1 Findings:
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1. 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 specjfically permitted in the zone in
which the proposed use is located, because residential care facilities dispersed
throughout residential areas within the community provide valuable housing
opportunities for disabled and elderly atizens. These facilities provide 24 hour
supervision and allow residents to live in a less institutional environment in a
residential setting. The facility is compatible with the surrounding residential land
uses because the builh are one-story in height and have a residential
appearance. The existing 25 bed residential care facility has continued to operate
since 1985 with no comp1aints from surrounding neighbon.
2. The site for the intended use is adequate in size and shape to accommodate the
use, because the expansion of the facility would take place in an existing structure
located on Parcel 2. The site is large enough to accommodate a 24 foot wide
driveway leading to 15 new parking spaces. These parking spaces would satisfy
the entire parking requirement for the 37 bed facility and minimize impacts to the
neighborhood by reducing the number of vehicles parked on Harding Street and
Pine Avenue.
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All 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 prodded and &t&ed, because the conversion and dargement of the
building on Parcel 2 into a 10 bed residential care facility would observe all
required zoning setbacks by providing a 20 foot front yard setback along Harding
Street and a 12 foot street side setback along Pine Ave. The large pine trees along
the street frontages would be preserved. Additional landscaping in the front and
side of the property, and around the parking area would be provided. The 11
space parking area would have a six foot high fence along the southem property
line for visual screening and to screen vehicle headlights from the adjoining
residential property.
4. The street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, because the site is located on the comer of
two fully improved public streets. There would be a 24 foot wide circulation aisle
leading from Pine Ave to 15 onsite parking spaces. All the spaces would meet the
required parking space dimensions. The 15 parking spaces would meet the entire
parking demand created by the residents, their visiting guests, and employees.
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5. The project is consistent with all City Public facilities policies and ordinances since:
a) 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 OCCUT 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.
b) All necessary public improvements have been provided or will be provided
as conditions of approval.
c) The applicant has agreed and is required by inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
6. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirements approved as part of the Local
Facilities Management Plan for Zone 1.
Plannin~ Conditions:
1. Approval is granted for CUP 247x1 (A), as shown on Exhibits "A"-"G", dated
November 4, 1992, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the Site Plan as approved by the Planning Commission. The Site Plan shall reflect
the conditions of approval by the City. The Plan copy shall be submitted to the
City Engineer and approved prior to building, grading, final map, or improvement
plan submittal, whichever occurs first.
3. This project is also approved under the express condit;on that the applkant pay
the public facilities fee adopted by the City Council on July 28, 1987 and as
amended from time to time, and any development fees established by the City
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fidfill the subdivider's agreement to pay the public
facilities fee dated June 19, 1992, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
4. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits. 1 PC RES0 NO. 3445 3
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5. 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.
6. Prior to the issuance of the Conditional Use Permit there shall be a Notice of
Restriction placed on the Notice to this property subject to the satisfaction of the
Planning Director notifying all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 3445
on the real property owned by the declarant. Said Notice of Restriction shall note
the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The restrictions referred to in said notice
may be modified or terminated only with the approval of the Planning Director,
Planning Commission or City Council of the City of Carlsbad whichever has final
decision authority for this project.
7. Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated
May 25, 1983.
8. 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.
9. This conditional use permit is granted for a period of ten (10) 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 extended for a reasonable period of time not to exceed 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.
10. A detailed landscape and irrigation plan shall be submitted and approved by the
Planning Director prior to issuance of grading or building permits, whichever
occurs first.
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11. All landscaped areas shall be maintained in a healthy and thriving condition, free
1 from weeds, trash, and debris.
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12. All roof appurtenances, including air conditioners, shall be architecturallJ
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy No.
4 80-6, to the satisfaction of the Directors of Planning and Building.
5 13. All parking lot trees shall be a minimum of 15 gallons in size.
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14. The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
15. All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
16. Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Manual) shall be limited to areas of special visual
importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
17. The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
18. Planter width shall be a minimum of four (4) feet, not including curb, footings
and/or other paving, and parking overhang.
19. Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
20 il 20. AU herbicides shall be applied by applicators licensed by the State of California.
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25. Mature trees which are removed shall be replaced one to one with minimum 36 27
24. All parking lot trees shall be canopy trees. 26
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23. AU landscape and irrigation plans shall show existing and proposed contours and 24
plans, improvement plans and grading plans.
21. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
22. The first set of landscape and irrigation plans submitted shall include building
shall match the grading plans in terms of scale and location of improvements.
box specimen. Each case shall be reviewed by the Planning Director.
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26. The minimum shrub size shall be 5 gallons.
27. Trees shall be dispersed throughout the parking lot at a ratio of 1 tree per three
parking stalls.
28. 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.
29. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
30. The conditions of Planning Commission Resolution No. 2421 for CUP 247 dated
March 13,1985, and Planning Commission Resolution No. 3068 for CUP 247x1,
dated August 15, 1992, on file in the Planning Department are incorporated
herein, except Condition No. 10 of Planning Commission Resolution No. 2421 and
Condition No. 2 of Planning Commission Resolution No. 3068 which are
superseded by Condition No. 9 of this resolution.
En&eerin~ Conditions:
31. prior to issuing a bddjng permit the owner shall obtain a Certificate of
Compliance for a lot consolidation that joins APN: 204-192-02 to existing Parcel
"A", as shown on Adjustment Plat No. 258 wbich is Exhibit "A" of Certificate of
Compliance No. 354 recorded April 30,1985 as instrument No. 85-149770.
32. The owner shall repair the off-grade sidewalk on Palm Avenue. Prior to or
concurrent with issuing a building permit an application for a Right-of-way Permit
shall be made in order to do the sidewalk repairs. Prior to returning any of the
deposit for the R.&taf-Way Pdt the rep& shall be completed to the
satisfaction of the City Engineer.
Fire Conditions:
33. Prior to the issuance of building permits, complete building plans shall be
approved by the Fire Department.
34. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other fire protection systems shall be submitted to the Fire
Department for approval prior to construction.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of November, 1992,
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm,
Noble, Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
r . TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
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