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Home My WebLink About1993-04-07; Planning Commission; Resolution 3507I/ 0 9 4 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 3507 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ADD A RESIDENTIAL CARE FACILITY AT 3574 HARDING STREET. CASE NAME: HARDING GUEST HOME CASE NO: CUP 247xl(B) 446 SQUaRE FOOT SECOND-STORY TO AN EXISTING 6 7 WHEREAS, a verified application has been filed with the City of Carlsbad anr referred to the Planning Commission; and a WHEREAS, said verified application constitutes a request as provided by Titl' 9 10 21 of the Carlsbad Municipal Code; and 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin 12 consider said application on property described as: l3 Commission did, on the 7th day of April, 1993, hold a duly noticed public hearing ti 14 15 3.6 17 18 I Lot 5 & 6, a portion of Lot 4, and a portion of Lot 8 in Block "B" of the resubdivision of a portion of Alles 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. WHEREAS, at said public hearing, upon hearing and considering all testimon; 19 11 and arguments, if any, of' all persons desiring to be heard, said Commission considered al 2o 21 factors relating to CUP 247x1 (B). 22 23 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio~ of the City of Carlsbad as follows: A) %hat the foregoing recitations are true and correct. 25 26 €3) That based on the evidence presented at the public hearing, the Commissior APPROVES CUP 247xl(B), based on the following findings and subject tc the following conditions: 27 28 ll 0 0 4 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 I FilldillES: 1. The requested use is necessary or desirable for the development of the communiq is essentially in harmony with the various elements and objectives of the genm plan, and is not detrimental to existing uses specifically permitted in the zone i which the proposed use is located, because residential care facilities disperse1 throughout residential areas within the community provide valuable housin opportunities for disabled and elderly citizens. These facilities provide 24 hou supervision and allow residents to live in a less institutional environment in residential setting. The facility is compatible with the surrounding residential la1 uses because the buildings would be one and two-stories in height and have residential type of architecture. The surrounding neighborhood contains two-stor multi-family residential buildings that would be similar in appearance. The existiq residential care facility has continued to operate since 1985 with no complaints fro1 surrounding neighbors. 2. The site for the intended use is adequate in size and shape to accommodate the use because the 22 foot high second-story addition meets the 35 foot high buildin1 height standard for the R-3 Zone; the proposed expansion meets all required Ciq policies and standards for the property; and modification of the lot configuration o lot size is not required as part of this proposed project. 3. All the yards, setbacks, walls, fences, landscaping, and other features necessary tc adjust the requested use to existing or permitted future uses in the nei&borhooc will be provided and maintained, because the second-story addition meets all th~ required R-3 zoning setback standards. The surrounding neighborhood contain two-story multi-family residential buildings that would be similar in physica appearance to this project. 4. The street system serving the proposed use is adequate to properly handle all traffil generated by the proposed use, because the site is located on the comer of two fi@ improved public streets. There would be a 24 foot wide circulation aisle leadin; from Palm Avenue to 15 onsite parking spaces. The Parking Ordinance requires twc parking spaces in addition to 1 parking space for every 3 beds in the residential cart facility - (Required parking - 37 beds/3 + 2 = 14.3 spaces). The two requirec parking spaces provide parking for employees of the facility. The approved 1: parking spaces would satisfy the entire parking demand created by the residents their visiting guests, and the employees, which includes the housekeeper. 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 tc this project, ensured building permits will not be issued for the project des! the City Engineer determines that sewer service is available, and buildinr PC RES0 NO. 3507 2 28 4 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 9 cannot occur within the project unless sewer service remains available, an the Planning Commission is satisfied that the requirements of the Pub1 Facilities Element of the General Plan have been met insofar as they app to sewer service for this project. b) All necessary public improvements have been provided or will be providc as conditions of approval. c) The applicant has agreed and is required by inclusion of an appropria condition to pay a public facilities fee. Performance of that contract ar payment of the fee will enable this body to find that public facilities will b available concurrent with need as required by the General Plan. 6. This project is consistent with the City's Growth Management Ordinance as it lx been conditioned to comply with any requirements approved as part of the Loci Facilities Management Plan for Zone 1. Planning Conditions: 1. Approval is granted for CUP 247x1 (B), as shown on Exhibits "A" - "C", dated Apr 7, 1993, incorporated by reference and on file in the Planning Departmen Development shall occur substantially as shown unless otherwise noted in thes conditions. 2. This project is also approved under the express condition that the applicant pay th public facilities fee adopted by the City Council on July 28, 1987 and as amende from time to time, and any development fees established by the City Counc: pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc adopted to implement a growth management system or facilities and improvemen plan and to fulfill the subdivider's agreement to pay the public facilities fee date' January 20,1993, a copy of which is on file with the City Clerk and is incorporate4 by this reference. If the fees are not paid this application will not be consistent wit the General Plan and approval for this project will be void. 3. This approval shall become null and void if building permits are not issued for thj project within one year from the date of project approval. 4. Prior to the issuance of the Conditiond Use Permit there shall be a Notice c Restriction placed on the Notice to this property subject to the satisfaction of thc Planning Director notifying all interested parties and successors in interest that thc City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 3507 01 the real property owned by the declarant. Said Notice of Restriction shall note thc property description, location of the file containing complete project details and al conditions of approval as well as any conditions or restrictions specified fo PC RES0 NO. 3507 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I I 0 e inclusion in the Notice of Restriction. The restrictions referred to in said notice ma be modified or terminated only with the approval of the Planning Director, Plannin Commission or City Council of the City of Carlsbad whichever has final decisio authority for this project. 5. This conditional use permit is granted for a period of ten (10) years. Thi conditional use permit shall be reviewed by the Planning Director on a yearly basi to determine if all conditions of this permit have been met and that the use does no have a significant detrimental impact on surrounding properties or the public healtl and welfare. If the Planning Director determines that the use has such significan adverse impacts, the Planning Director shall recommend that the Plannin; Commission, after providing the permittee the opportunity to be heard, ad1 additional conditions to mitigate the significant adverse impacts. This permit ma be revoked at any time after a public hearing, if it is found that the use has significant detrimental affect on surrounding land uses and the public’s health an( welfare, or the conditions imposed herein have not been met. This permit may bc extended for a reasonable period of time not to exceed 5 years upon writter application of the permittee made no less than 90 days prior to the expiration date En granting such extension, the Planning Commission shall find that no substantia adverse affect on surrounding land uses or the public’s health and welfare will resul because of the continuation of the permitted use. If a substantial adverse affect or surrounding land uses or the public’s health and welfare is found, the extensior shall be considered as an original application for a conditional use permit. Therc is no limit to the number of extensions the Planning Commission may grant. 6. The conditions of Planning Commission Resolution No. 2421 for CUP 247 dated March 13,1985, Planning Commission Resolution No. 3068 for CUP 247x1, dated August 15,1990, and Planning Commission Resolution No. 3445 dated Novemba 4, 1992, all on file in the Planning Department, are incorporated herein, excepi Condition No. 10 of Planning Commission Resolution No. 2421, Condition No. 2 oj Planning Commission Resolution No. 3068, and Condition No. 5 and 9 of Planning Commission Resollution No. 3445, which are superseded by Condition No. 3 and 5 of this resolution. 2o 21 7. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September 1, 1987, incorporated herein and on file in the Planning Department and any future 22 amendments to the Plan made prior to the issuance of building permits. 23 8. 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 24 amendments made to that Plan prior to the issuance of building permits. 25 26 27 .... PC RES0 NO. 3507 4 28 I1 /1 e 8 C 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 Pld Commission of the City of Carlsbad, California, held on the 7th day of April, 1993, by t€ following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Schramr Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ~ ATTEST: A- eL& 3.q #E ,”., rl BAILEY NOBCE, Chairperson CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR PC RES0 NO. 3507 5