HomeMy WebLinkAbout1995-10-18; Planning Commission; Resolution 3798b
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PLANNING COMMISSION RESOLUTION NO. 3798
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A CONDITIONAL
USE PERMIT AMENDMENT TO (1) MODIFY AN
EXISTING CONDITION TO ALLOW AN ADDITIONAL
ONE YEAR FOR THE ISSUANCE OF BUILDING
PERMITS AND (2) ADD TWO NEW CONDITIONS FOR
THE DEVELOPMENT OF A SENIOR CITIZEN HOUSING
PROJECT CONSISTING OF 75 UNITS PLUS ONE
MANAGER’S UNIT ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE
AT THE TERMINUS OF MADISON STREET, IN THE
COASTAL ZONE WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: SAINT FRANCIS COURT
CASE NO: CUP 90- 15 (A)
WHEREAS, a verified application has been filed with the City of C
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provj
Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P
Commission did, on the 20th day of September, 1995, and the 18th day of Octobe
hold a du1y.noticed public hearing to consider said application on property describ
Parcel A and B of that portion of Lot 1, Township 12 South,
Range 5 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all te!
and arguments, if any, of all persons desiring to be heard, said Commission consid(
factors relating to CUP 90-15(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
l A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the ComI
RECOMMENDS APPROVAL of CUP 90-15(A), based on the following findiI
subject to the following conditions:
Findings:
1. All of the findings previously made for the original approval of this pro
contained in Planning Commission Resolution No. 3267 are hereby made f
amendment request and incorporated by reference.
2. 'The City Council finds that:
a) the project is a residential project per CEQA Guideline section 15183 v
the project is consistent with the City's General;
b) the project is consistent with the General Plan with regards to the pr
of residentiavsenior citizen development;
c) there was an EIR certified in connection with the prior General Plan
which involved a Master EIR (MEIR) and a Negative Declaration ap
in connection with the prior approval of CUP 90-15 in August 1993;
d) the project has no new significant environmental effect not analq
significant in the prior General Plan MEIR or Negative Declaration;
e) none of the circumstances requiring Subsequent or Supplemental EIF
CEQA Guidelines Sections 15162 or 15163 exist.
3. The City's MEIR found that air quality and circulation impacts are signific:
adverse; therefore, the Council adopted a statement of overriding considel
The project is consistent with the General Plan and as to those effects, no adc
environmental document is required.
4. The proposed amendment will allow the applicant additional time to sc
building permit for the project and will not create any conflicts wi
implementation of the City's General Plan.
Planning: Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of tk
amendment request for the development of a 76 unit affordable senior citizen
entitled "CUP 90-15(A) - St Francis Court". (Exhibits "A"-"I" on file in the P
Department and incorporated by this reference, dated April 21,1993), subjec
conditions therein set forth. Staff is authorized and directed to make or reql
Developer to make all corrections and modifications to the exhibits and Doc1
as necessary to make them internally consistent and conform to City Counci 1
PC RES0 NO. 3798 -2-
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action on the project. Development shall occur substantially as shown
approved exhibits. Any proposed. development substantially different frc
approval, shall require an amendment to this approval.
2. This approval shall become null and void if building permits are not issued 1
project by August 3, 1996. This represents an additional one year beyo
original two years granted (until August 3,1995) with the original approval to
building permits. This condition modifies and replaces Condition No. 7 of PI
Commission Resolution No. 3267 which approved CUP 90-15.
3. Prior to the issuance of any building permits, the project shall submit
exhibits which demonstrate compliance with the following code sections re1
senior citizen housing units to the satisfaction of the Planning D
21.18.045(c) (5) (C), 21.18.045(c) (5) (D), 21.18.045(c) (6)(A-F) and 21.18.045(d)
4. If any of the foregoing conditions fail to occur; or if they are, by their term!
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have tl
to revoke or modi@ all approvals herein granted; deny or further condition i!
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; instit1
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a succe
interest by the City’s approval of this Resolution.
5. All, other provisions contained in Planning Commission Resolution No. 3267;
as modified herein, remain in full force and effect.
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I I **** I PC RES0 NO. 3798 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 18th day of 0
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, P
Noble, and Savary
NOES:
ABSENT:
ABSTAIN: Commissioner Monroy
KIM W~LSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
ATTEST:
\ .
\
MICHAELSV~OL~~IILLER
Planning Director
PC RES0 NO. 3798 -4-