HomeMy WebLinkAbout1995-09-06; Planning Commission; Resolution 3791r
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PLANNING COMMISSION RESOLUTION NO. 3791
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW A
PROFESSIONAL CARE FACILITY ON PROPERTY
GENERALLY LOCATED AT 2855 CARLSBAD
BOULEVARD AND ON THE VACANT PARCEL
LOCATED DIRECTLY WEST OF THE EXISTING
CARLSBAD BY THE SEA LUTHERAN HOME.
CASE NAME: CARLSBAD BY THE SEA LUTHERAN
CASE NO: CUP 94-10
WHEREAS, California Lutheran Homes has filed a verified applicati.
HOME
the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a con(
use pennit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P:
Commission did, on the 16th day of August, 1995 and on the 6th day of Septembel
hold a duly noticed public hearing to consider said application on property describ
Parcel A. Block 8 and 9 of town of Carlsbad, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 365, filed in the Office of the County
Recorder of San Diego County February 2, 1887; also all of
Garfield Street adjoining said Blocks 8 and 9 as vacated and
closed to public use. Together with the Southeasterly 1/z of
Cedar Street as street is shown on said map adjoining said land
on the northwest which upon closing would revert, by operation
of law to the above described land.
Parcel C Lots 50, 51, 52 and the south 15 feet of Lot 49, in
Block “A of Map No. 2 of the Hayes Land Company,
incorporated, addition, in Carlsbad, County of San Diego, State
of California, according to Map thereof 1221, filed in the Office
of the County Recorder of San Diego County, November 4,
1909. ....
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WHEREAS, at said public hearing, upon hearing and considering all tea
and arguments, if any, of all persons desiring to be heard, said Planning Com~
considered all factors relating to CUP 94-10.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
Commission 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 Comr
APPROVES Conditional Use Permit, CUP 94-10, based on the following findiI
subject to the following conditions:
Findins
1. That the requested use is necessary or desirable for the development
community, is essentially in harmony with the various elements and objective:
general plan, and is not detrimental to existing uses or to uses specifically pel
in the zone in which the proposed use is to be located since the use is: 1) con;
necessary and desirable to satisfy the needs of the elderly in the communi1
commercially operated retirement home with residential characteristics w.
consistent with the area’s residential and commercial General Plan La1
designations; 3) a commercial professional care operation providing livinz
which are not subject to residential density ranges or the Growth Manal
growth control point; and 4) in compliance with Noise, Circulation, and Open
(Historical Preservation) Element policies as conditioned.
2. As designed and upon Planning Commission approval of front and side yard s
variances on Parcel C, and City Council approval of a partial vacation of
Christiansen Way right-of-way, the site for the intended use is adequate in si
shape to accommodate the use since coverage, setback, and landscape requirc
will be satisfied.
3. All of the yards, setbacks, walls, fences, landscaping, and other features neces
adjust the requested use to existing or permitted future uses in the neighborho
be provided and maintained as illustrated on the approved Exhibits “A” - lC
1) design features such as the replication of the historic front facade; 2) te
down architectural design in which the development is smaller in scale i
adjacent to the beach area; 3) addition of onsite subterranean parking gara
orientation of Parcel B living units away from adjacent commercial developn
the south; and 5) enhanced landscaping including the retention and/or replac
of numerous palm trees existing on the site, and the addition of a land
promenade to the beach within the Grand Avenue right-of-way.
PC RES0 NO. 3791 -2-
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4. That the street system serving the proposed use is adequate to properly ha]
traffic generated by the proposed use in that there will be no net loss of
parking spaces, roadway operations and LOS will not be negatively im,
Additionally, pedestrian circulation and safety will be improved due to the a1
of curbs and sidewalks along all street frontages. With the addition of
parking, the CLH project will result in an actual gain of 46 onstreet public E
spaces currently utilized by CLH residents and staff.
Planning Conditions:
1. The Planning Commission does hereby approve the conditional use permit
Professional Care Facility Project entitled “Carlsbad By The Sea Lutheran
(Exhibits “A - “V”, dated August 16, 1995) on file in the Planning Departme
incorporated by this reference, subject to the conditions herein set forth. E:
“A - P’ shall be revised to reflect the required driveway access ramp redesign
on Exhibit “W’’ and revised Attachment “E” approved by the Design Review
and Planning Commission. These revised exhibits shall be submitted
Planning Director within 30 days of final project approval. Staff is authoriz
directed to make or require the Developer to make all corrections and modific
to the conditional use permit documents, as necessary to make them intc
consistent and conform to Planning Commission’s final action on the P
Development shall occur substantially as shown on the approved exhibits.
proposed development substantially different from this approval, shall requ
amendment to this approval.
2. Approval of CUP 94-10 is granted subject to the approval of RP 94-06 and C1
06. CUP 94-10 is subject to all conditions contained in Design Review
Resolution No. 230 and 231 for RP 94-06 and CDP 94-06, respectively.
3. This Conditional Use Permit is granted for a period of ten years. This Cond:
Use Permit shall be reviewed by the Planning Director on a yearly basis to dete
if all conditions of this permit have been met and that the use does not 1
substantial negative effect on surrounding properties or the public health and WI
If the Planning Director determines that the use has such substantial negative e
the Planning Director shall recommend that the Planning Commission,
providing the permittee the opportunity to be heard, add additional conditic
reduce or eliminate the substantial negative effects. This permit may be rev01
any time after a public hearing, if it is found that the use has a subs1
detrimental effect on surrounding land uses and the public’s health and welfa
the conditions imposed herein have not been met. This permit may be extend
a reasonable period of time not to exceed ten years upon written application
permittee made no less than 90 days prior to the expiration date. The PI2
Commission may not grant such extension, unless it finds that there a,
substantial negative effects on surrounding land uses or the public’s healtl
welfare. If a substantial negative effect on surrounding land uses or the PI
health and welfare is found, the extension shall be denied or granted with cond
I I I 1) PC RES0 NO. 3791 -3-
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which will eliminate or substantially reduce such effects. There is no limi
number of extensions the Planning Commission may grant.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 6th day of Sep
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Cornpas, Erwin, 1
Nielsen and Savary
NOES:
ABSENT: Commissioner Noble
ABSTAIN:
ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIC
b
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MICHAEL JYIOL~~IILLER
Planning Director
PC RES0 NO. 3791 -4-