HomeMy WebLinkAbout1990-08-15; Planning Commission; ; CUP 247x1 - MARTINSfAFF REPORT
DATE: AUGUST 15, 1990
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 247xl -MAR.TIN -Request for a five year extension of a Conditional
Use Permit allowing a residential care facility located on the south side of
Palm Avenue between Harding Street and the Interstate 5 Freeway in the R-3
Zone.
I. RECOMMENDATION
That the Planning Commission adopt Planning Commission Resolution No. 3068
APPROVING a five year extension of CUP 24 7 based on the findings and subject to the
conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
On March 13, 1985, the Planning Commission approved a Conditional Use Perm.it allowing
a maximum 12 bed residential care facility in the R-3 Zone between I-5 and Harding Street
on the south side of Palm Avenue. The Conditional Use Permit was conditioned to expire
in five years unless an extension was requested and approved by the Planning Commission.
Over the past few months, the Planning Department has created a monitoring program to
track projects conditioned with expiration dates. This program has identified a number of
expired conditional use perm.its. In order to allow the extension of those conditional uses
still in operation or existence, the Planning Department has given property owners 60 days
to request extensions of their conditional use permits.
After notification by staff, the applicant, on April 17, 1990, submitted a request for
extension of the Conditional Use Perm.it.
III. ANALYSIS
The subject Conditional Use Permit was approved along with a variance allowing reduced
parking from 6 to 4 spaces to be located in the front yard setback. An adjacent 15 bed
residential care facility, nonconforming due to inadequate parking and also owned by the
applicant, was existing at the time CUP 24 7 was approved. Five months after the
Conditional Use Permit was approved, the Planning Commission approved a kitchen facility
which connected the two facilities, however the Conditional Use Permit was not amended
to include the existing 15 bed residential care facility at that time.
CUP 247xl -MARTIN
AUGUST 15, 1990
PAGE 2
The proposed extension of CUP 24 7 includes only the residential care facility on Palm
Avenue approved for a maximum of 12 beds and currently consisting of 10 beds.
The residential care facility has continued to operate as conditioned with no complaints
recorded by the Planning Department or Code Enforcement. Staff concludes that the use
continues to be desirable for the development of the community and is not detrimental to
surrounding uses. The site continues to be adequate in size and shape to accommodate the
use as well as providing the necessary parking and circulation system to serve the use.
Staff is therefore recommending that the Planning Commission extend CUP 24 7 for five
years through March 13, 1995. It is also staffs recommendation that any future
amendments to CUP 247 include the 15 bed facility as part of this project since the two
facilities are now attached and located on one lot.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental impacts of the project have
already been considered in the original issuance of a Negative Declaration dated June 11,
1984; and, therefore, a Notice of Prior Environmental Compliance was issued on June 14,
1990.
ATTACHMENTS
1. Planning Commission Resolution No. 3068
2. Location Map
3. Disclosure Statement
4. Notice of Prior Compliance
5. Staff Report for CUP 247 dated August 14, 1985, March 13, 1985, and
November 14, 1984
6. Planning Commission Resolution No. 2421
7. Letter dated April 17, 1990.
June 19, 1990
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COCATION MAP ~
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PALM AVE
AVOCADO
SITE
MARTIN CUP247x1
~rlsbad
DISCLOSURE STATEMENT
\
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE OISCRETIO~Y ACTION ON THE PAAT OF THE CITY COUNCIL. OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1 . Applicant
Ust the names and addresses of all persons having a financial interest in the application.
Audrey fl. Martin
2. Owner
Ust the names and addresses of all persons having any ownership interest in the property involved.
Audrey r1. Mart in
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar
addresses of all individuaJs owning more than 10% of the shares in the corporation or owning any partnersh
interest in the partnership.
N
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
(Over)
Disclosure Statement Page 2
s. Have you had more than $250 worth of business transacted with any member of City staff. Scar:
Commissions, Committees and Council within the past twelve months'?
Yes _ No i 11 yes, please indicate person(s) ___________________ _
Person is defined as: 'Any individu8', firm, copartnership, joint venture, association, socia, club, fraternal
organization, corporation, estate, trust. receiver, syndicate, this and any other county, city and county, crty
municipality, district or Other potiticdj subdivism, or any other group c:,r combination acting as a unit.•
(NOTE: Attach additional pages as necessary.)
.. _
I I._, ~ I ' \ t.._ \._ .. .._,.,, I ',
Signature of Owner/date Signature of applicant/date
AUDREY H. ~.ART IN
Print or type name of owner Print or type name of applicant
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City of Carlsbad
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PUBLlC NOTICE OF PRIOR ENVIRONMENTAL COMPLlANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project
described below have already been considered in conjunction with previously certified
environmental documents and, therefore, no additional environmental review will be
required and a notice of determination will be filed.
Project Title: CUP 24 7xl
Project Location: 937 Palm Avenue
Project Description: Extension of a Conditional Use Permit allowing a residential care
facility.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
twenty-one (21) days of date of publication.
Dated: June 14, 1990
Case No.: CUP 247xl
Applicant: MARTIN
Publish Date: June 21, 1990
AH:lh
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
D.l\TE:
TO:
FROM:
RE:
MEMORANDUM
AUGUST 14, 1985
PLANNING COMMISSION
LAND USE PLANNING OFFICE
CUP-247/V-365 -MARTIN
On March 13, 1985, the Planning Commission approved a
conditional use permit and variance to allow a residential care
facility with reduced parking. At the time of approval, the
applicant failed to include the addition and construction of a
new kitchen facility that would connect the existing residential
care facility to the proposed one.
Staff, has reviewed the proposed kitchen and has determined that
this addition will not create additional impacts to the project
already approved by the Planning Commission. No additional beds
are being proposed. A copy of the addition has been submitted
for your review.
EVR:bn
7/24/85
C
APPLICATJ0N SUBr~::_,,.., .. 07 T. ,..,:,r·.r:-,.... ~
APRIL 4, J84 c)d
STAFF REPORT 0 DATE: March 13, 1985
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: CUP-247/V-365 -MARTIN -Request for approval of a
conditional use permit to allow a residential care
facility and a variance to reduce the amount of required
parking from six to four spaces and to allow these
spaces within the front yard setback on property located
on the south side of Palm Avenue between Harding Street
and the Interstate 5 Freeway in the R-3 zone.
I. RECOMMENDATION
The Planning Commission directed staff to return with documents
for APPROVAL of CUP 247 at such time that a variance is
processed. The appropriate action would be for the Planning
Commission to APPROVE the Negative Declaration issued by the Land
Use Planning Manager and ADOPT Resolutions No. 2421 and No. 2422
APPROVING CUP-247 and V-365 based on the findings and subject to
the conditions contained therein.
II. PROJECT HISTORY AND DESCRIPTION
The conditional use permit was discussed by the Planning
Commission on November 14, 1984 (see attached staff report for
description of project). At that time, staff recommended denial
because the applicant could not provide enough adequate parking
to accommodate the use. The Planning Commission disagreed with
staff and directed staff to return with documents for approval
for the conditional use permit and a variance.
The applicant is requesting approval of a variance to reduce the
required parking from six to four spaces and to allow these
spaces within the front yard setback on property located as
described above. The Zoning Ordinance requires that any
residential care facility that contains more than six beds, have
two spaces plus one additional space for every three beds. When
the applicant appeared before the Planning Commission on
November 14, 1984, he proposed 10 beds within the facility.
Since then he has converted the garage into a living unit and
has increased the number of beds from 10 to 12. A 12-bed
facility would require six parking spaces.
III. ANALYSIS
Planning Issues
1) Can the findings required for approval of a conditional use
permit be made? Specifically:
C
a) That 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
or to uses specifically permitted in the zone in which
the proposed use is to be located.
b) That the site for the intended use is adequate in size
and shape to accommodate the use.
c) That all of 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 provided and maintained.
d) That the street system serving the proposed use is
adequate to properly handle all traffic generated by
the proposed use.
2) Can the findings required for approval of a variance be
made? Specifically:
a) That there are exceptional or extraordinary
circumstances or conditions applicable to the property
or to the intended use that do not apply generally to
the other property or class of use in the same
vicinity and zone;
b) That such variance is necessary for the preservation
and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone but
which is denied to the property in question;
c) That the granting of such variance will not be
materially detrimental to the public welfare or
injurious to the property or improvements in such
vicinity and zone in which the property is located.
d) That the granting of such variance will not adversely
affect the comprehensive general plan. (Ord. 9060
§1802).
Discussion
At their meeting of November 14, 1984, the Planning Commission
made the necessary findings for the approval of a conditional use
permit for the proposed use. The Commission felt that this
project is necessary and desirable for the development of the
community. It will provide a necessary service and housing for
senior citizens.
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With regard to the variance, the applicant feels that the site is
adequate in size and shape to accommodate the use. The buildings
being used for the proposed facility are existing and no new
facilities will be required.
The street system is adequate to serve the site because all the
adjacent public streets are fully improved and the proposed use
will generate very little traffic. Finally, all necessary yards,
landscaping setback, etc. will be provided and maintained since
they already exist on the property.
The applicant feels that there are extraordinary circumstances
which justify the requested reduction of the required number of
parking spaces and parking in the front yard setback.
The number of parking spaces required by the zoning ordinance
are not necessary because the patients residing there are senior
citizens and they will not own automobiles or drive. In
addition, an adjacent existing residential care facility has
less parking than required by the zoning ordinance and this lack
of onsite parking has not created any significant traffic
impacts on adjacent streets.
The applicant feels that the location of the buildings, which
have been there many years, restricts the ability to provide
adequate parking areas. This would deny him a property right
that other properties in the vicinity have.
The Planning Commission has previously found that CUP-247 meets
all the required findings for a conditional use permit. If the
Planning Commission can make the required findings for a
variance they should adopt Resolution Nos. 2421 and 2422
approving CUP-247 and V-365.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that the project
will not have a significant impact on the environment and,
therefore, has issued a Negative Declaration dated, June 16,
1984.
Attachments
1. Planning Commission Resolution Nos. 2421 and 2422
2. Location Map
3. Background Data Sheet
4. Disclosure Statement s. Staff Report dated, November 14, 1984
6. Exhibit "A" dated, January 24, 1985
EVR:ad
2/27/85
-3-
DATE:
TO:
FROM:
STAFF REPORT
November 14, 1984
Planning Commission
Land Use Planning Office
APPLICPmION SUBMITTAL DATE:
APRIL '~'"'''\84 C.Z,
®
SUBJECT: CUP-247 -MARTIN -Request for approval of a residential
care facility located on the south side of Palm Avenue
between Harding Street and the I-5 Freeway.
I • RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2379 DENYING CUP-247
I II. PROJECT DESCRIPTION
The applicant is requesting approval for a residential care
facility located as described above. A duplex and a separate
garage exist on the project site. The properties to the north
and west are occupied by single family residences. An existing
non-conforming residential care facility also owned by the
applicant occupies the property to the south. The I-5 Freeway
lies to the east.
III. ANALYSIS
Planning Issues
Can the findings required for approval of a conditional use
permit be made? Specifically:
a) That 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 or to uses
specifically permitted in the zone in which the proposed
use is to be located.
b) That the site for the intended use is adequate in size and
shape to accommodate the use.
c) That all of 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 provided and maintained.
d) That the street system serving the proposed use is adequate
to properly handle all traffic generated by the proposed
use.
Discussion
As proposed, the applicant requests approval of a residential
care facility. The applicant proposes to install ten beds within
this facility. The Zoning Ordinance requires, that any
residential care facility that contains morelthan six beds, have
two parking spaces plus one additional space.•for every three
beds. As the applicant is proposing ten beds1 six parking spaces
would be needed. The applicant can only provide two parking
spaces behind the required front yard setback. The other four
parking spaces are in the setback and cannot be considered legal
spaces. The applicant has stated that the number of spaces
required are not necessary because the patients residing there
are senior citizens and they do not drive. Staff feels that this
number of spaces is required for use by both staff members and
visitors to the facility.
As mentioned previously, the applicant also owns the existing
non-conforming residential care facility adjacent to this
proposal. It is also lacking the required parking. Staff
originally suggested that the existing and proposed facilities
be combined and brought up to code by locating a small parking
area behind the existing facility.
Staff has suggested several workable alternatives to the
applicant's where they could obtain the required parking. These
alternatives would require minor alteration to the storage
garage and the addition of asphalt surface for the spaces. The
applicant has been reluctant to accept any alternatives where
physical change or improvements are necessary.
As a result of the lack of parking, staff cannot make the third
finding that all necessary features are provided to ensure
compatibility with existing uses in the neighborhood. Staff,
therefore, recommends denial of CUP-247.
Attachments
1. Planning Commission Resolution No. 2379
2. Location Map
3. Background Data Sheet
4. Environmental Document
5. Disclosure Statement
6. Exhibit "A", dated
EVR:ad
10/30/84
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729-5417
Business
HARDING GUEST HOME
3574 Harding Street
Carlsbad, California 92008
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. 92009-4859
Atten: Erin K. Letsch
Dear Ms.Letsch,
April 17,1990
In reference to your letter dated April 10, I
would like to request an extension on my CUP No. 247.
I am enclosing a check in the amount of $375 as
per our conversation of to-day's date.
Sincerely
Encl:l
729-8676
Guests