HomeMy WebLinkAbout1996-06-19; Planning Commission; Resolution 3935c
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PLANNING COMMISSION RESOLUTION NO. 3935
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT EXTENSION TO ALLOW THE
CONTINUED OPERATION OF THE PELICAN COVE BED
AND BREAKFAST CONSISTING OF 7 GUEST ROOMS
LOCATED IN AN EXISTING STRUCTURE AT 320 WALNUT
AVENUE IN THE BEACH AREA OVERLAY ZONE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PELICAN COVE INN
CASE NO: CUP 89-06x1
WHEREAS, Pelican Cove Inn has filed a verified application with the C
Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Condition:
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of the Carlsbad Municipal Code; and 14
Permit Extension as provided by the conditions of approval for CUP 89-06, and Chapter
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 5th day of June, 1996, hold a duly noticed public hearing to COI
said application on property described as:
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All that portion of Tract 219 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County, December 9,1915, described as
follows: The northeasterly 50.0 feet of the southwesterly 170.0
feet excepting therefrom the northwesterly 100.0 feet thereof.
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WHEREAS, at said public hearing, upon hearing and considering all testi
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and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CUP 89-06x1.
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28 Commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Comm
APPROVES Conditional Use Permit, CUP 89-06x1, based on all the fin
and conditions contained in Planning Commission Resolution No. 2912 1
originally approved CUP 89-06 and remains in full force and effect; an4
based on the following additional findings, and subject to the follc
additional condition specific to this CUP extension request:
5 II Findings:
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1. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General P1a1
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the use has operated since its approval in 1989 wi
any reported incidents of operational problems or compatibility issues. The us
proven itself to be an amenity to tourists vacationing in the City's beach area
detrimental effects on existing or specifically permitted uses in the area have
observed, or are anticipated by the approval of this extension request.
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3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa 14
adversely impacted by the residential traffic generated in the vicinity.
adjust the requested use to existing or permitted future uses in the neighborhood w 15 provided and maintained, in that parking areas, project landscaping and i
16 amenities have been and will continue to be provided and maintained fol
2. That the site for the intended use is adequate in size and shape to accommodate the u,
that it has accommodated the needs of the Bed and Breakfast use without 1:
17 I1 continued success of this use without impacts to adjacent uses or areas.
18 4. That the street system serving the proposed use is adequate to properly handle all tl
generated by the proposed use, in that the site's location on Walnut Avenue ha$
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5. That the Planning Director has determined that the project is exempt from 20
created traffic problems on Walnut Avenue or Lincoln Street.
requirements of the California Environmental Quality Act (CEQA) per Section 153(
the state CEQA Guidelines and will not have any adverse significant impact or 21
22 environment.
23 il Conditions:
24 1. All conditions of approval as contained in Planning Commission Resolution No. :
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shown below; and Conditions No. 5,28 and 30 are deleted. 26
the following exceptions: Condition No. 11 is hereby replaced by Condition No.
shall remain in full force and effect for the purposes of this CUP extension approval,
27 11 2. This Conditional Use Permit is granted for a period of five years, until Septembel
28 1999. This Conditional Use Permit shall be reviewed by the Planning Director (
PC RES0 NO. 3935 -2-
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yearly basis to determine if all conditions of this permit have been met and that tl
does not have a substantial negative effect on surrounding properties or the public
and welfare. If the Planning Director determines that the use has such subs
negative effects, the Planning Director shall recommend that the Planning Comm
after providing the permittee the opportunity to be heard, add additional conditi,
reduce or eliminate the substantial negative effects. This permit may be revoked
time after a public hearing, if it is found that the use has a substantial detrimental
on surrounding land uses and the public's health and welfare, or the conditions irr
herein have not been met. This permit may be extended for a reasonable period c
not to exceed five years upon written application of the permittee made no less th
days prior to the expiration date. The Planning Commission may not grant
extension, unless it finds that there are no substantial negative effects on surroundin
uses or the public's health and welfare. If a substantial negative effect on surro~
land uses or the public's health and welfare is found, the extension shall be den
granted with conditions which will eliminate or substantially reduce such effects.
is no limit to the number of additional extensions the Planning Commission may gl
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PC RES0 NO. 3935 -3-
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a a
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1:
Commission of the City of Carlsbad, California, held on the 19th day of June, 1996,
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, 7
Savary, Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
WILLIAM COMPAS, Chairpen&
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMLLER
Planning Director
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I PCFESONO. 3935 i -4-