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HomeMy WebLinkAbout1992-11-04; Planning Commission; Resolution 3445ll 0 0 1 2 3 4 5 6 7 8 9 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 14 15 16 17 18 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 2o 21 testimony and arguments, if any, of all persons desiring to be heard, said Commission 22 considered all factors relating to CUP 247x1 (A). 23 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 24 25 A) That the foregoing recitations are true and correct. of the City of Carlsbad as follows: 26 27 28 1' 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: I li 0 0 1 Findings: 2 3 4 5 6 7 8 9 10 11 12 13 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. 14 15 3- 17 16 18 19 2o I 21 22 23 24 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. 25 II ..'. 26 27 .... 28 .... PC RES0 NO. 3445 2 ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. IN ll 1.1 18 19 20 21 22 23 24 25 26 27 28 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 II li 0 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 I 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. PC RES0 NO. 3445 4 e 0 11. All landscaped areas shall be maintained in a healthy and thriving condition, free 1 from weeds, trash, and debris. 2 3 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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. 21 22 23 28 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 25 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. PC RES0 NO. 3445 5 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 e 0 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. .... .... .... PC RES0 NO. 3445 6 0 e 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 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 PC RES0 NO. 3445 7