HomeMy WebLinkAbout1992-11-04; Planning Commission; ; CUP 247X1A - HARDING GUEST HOMEI^I APPLICWION COMPLETE DATE:
SEPTEMBER 4. 1992
STAFF REPORT
(!)
DATE: NOVEMBER 4, 1992
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 247x1(Al - HARDING GUEST HOME - Request for approval of an
amendment to a conditional use permit to incorporate an existing
nonconforming 15 bed residential care facility imder CUP 247x1, and to
expand the entire facility by adding 10 new beds and 15 parking spaces, at
3574 Harding Street in the R-3 Zone in Local Facilities Management Plan
Zone 1.
I. RECOMMENDATION
That the Planning Commission AE)OPT Planning Commission Resolution No. 3445,
APPROVING CUP 247x1 (A) based on the findings and subject to the conditions contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting an amendment to a conditional use permit to incorporate an
existing nonconforming 15 bed residential care facility tmder CUP 247x1, and to expand
the entire facility by adding 10 new beds and 15 parking spaces at 3574 Harding Street
in the R-3 (Multi-family Residential) Zone.
The project site consists of 2 separate parcels owned by the applicant and both located at
the northeast comer of Harding Street and Palm Avenue. On Parcel "A" there is a 27 bed,
one-story, residential care facility, and a one-story single-family residence occupied by the
applicant. On Parcel 2 (APN: 204-19-02) there is an existing one-story building currently
being utilized as an office, (see the attached location map).
CUP 247x1 (A) HARDIN^UEST HOUSE
NOVEMBER 4, 1992
PAGE 2
CONDITIONAL USE PERMIT 247 CHRONOLOGY:
1. March 1985, Planning Commission approved CUP 247 and Variance 365 for a 12
bed residential care facility.
2. April 1985, owner consolidated Lot 5 and portions of Lot 4, 6, & 8 into one parcel
called Parcel "A", (see attached location map).
3. September 1985, Planning Commission reviewed and approved a kitchen facility
that attached an existing non-conforming 15 bed residential care facility to the
approved 12 bed facility.
4. August 15,1990, Plaiming Commission approved a five year extension of CUP 247.
5. November 4, 1992, ovmer requests that the Planning Commission approve an
amendment to CUP 247x1 for a 10 bed expansion on Parcel 2 and 15 new parking
spaces on Parcel "A".
In March 1985 the Planning Commission approved Conditional Use Permit - 247 and
Variance - 365 which permitted a residential care facility on Parcel "A" that would allow
a maximum of 12 beds. Variance - 365 reduced the amotmt of required parking for the 12
bed facility from 6 parking spaces to 4 spaces and allowed these spaces to be located
within the front yard setback. Also on Parcel "A", but physically separated from the 12 bed
facility, there was a 15 bed residential care facility that was existing at the time CUP 247
was approved. The existing 15 bed facility was owned and operated by the applicant of
CUP 247. The 15 bed facility had never been approved imder a conditional use permit and
was considered a nonconforming facility due to the lack of adequate onsite parking. Five
months after CUP 247 was approved, the Plaiming Commission approved a kitchen facility
which physically connected the two residential care facilities into one facility containing
a total of 27 beds. At that time, CUP 247 was not amended to incorporate the existing 15
bed residential care facility.
On August 15, 1990 the Planning Commission approved a five year extension for the 12
bed residential care facility, (CUP 247x1). The attached nonconforming 15 bed facility was
still not covered under a conditional use permit and had no onsite parking. At the time of
this last extension, (CUP 247x1), staff recommended that any future amendments to CUP
247x1 should include the incorporation of the 15 bed residential care facility into the
pemiit.
The applicant is now requesting that CUP 247x1 be amended to include ten more beds in
a detached one-story stmcture located on Parcel 2, (APN 204-19-02). Parcel 2 is located
closest to the southeast comer of Harding Street and Pine Avenue. The stmcture is
currently being utilized as an office. The building would be enlarged and the interior
would be remodeled to include 10 residential care beds, a dining room, kitchen, and living
room. This expansion would bring the total number of beds on the two parcels to 37. To
bring the entire 37 bed facility up to current parking standards, a 24 foot wide driveway
leading from Palm Avenue to 15 parking spaces would be provided on a portion of Parcel
CUP 247x1 (A) HARDINCTGUEST HOUSE
NOVEMBER 4, 1992
PAGE 3
In addition, staff is requiring that the two parcels be consolidated into one lot in order for
the expansion of the building on Parcel 2 to meet zoning setback standards. The new
parking spaces provided on Parcel "A" would also help satisfy the parking requirements for
the newly converted stmcture on Parcel 2, therefore, a consolidation of the two parcels
would simplify the parking arrangement by placing all the required parking on one lot.
The surrounding neighborhood is developed with one and two-story residential stmctures
and the surrounding properties are all zoned R-3, (Multi-family Residential).
HI. ANALYSIS
The proposed project is subject to the following land use plans and ordinances:
A. City of Carlsbad General Plan - Land Use Element.
B. Carlsbad Municipal Code, R-3 Multi-family Residential Zone - Chapter 21.16,
and Conditional Uses - Chapter 21.50.
C. Carlsbad Municipal Code, Growth Management - Chapter 21.90 and Local
Facilities Management Plan Zone 1.
D. Carlsbad Municipal Code, Environmental Protection Procedures, Title 19 and
the Califomia Environmental Quality Act (CEQA).
A. GENERAL PLAN
The property has a Residential Medium High (RMH) General Plan Land Use Designation.
LAND USE ELEMENT
Residential care facilities dispersed throughout residential areas within the conmiunity
provide valuable housing opportunities for disabled and elderly citizens. These facilities
provide 24 hour supervision and allow residents to live in a less institutional environment
in a residential setting. The Zoning Ordinance implements the Land Use Element of the
General Plan and the ordinance pennits residential care facilities in residential zones with
a conditional use permit, therefore, the project is consistent with the Land Use Element.
B. CONDITIONAL USE PERMFF ORDINANCE
Section 21.16.015(1) of the Carlsbad Municipal Code permits residential care facilities
serving more than 6 persons in the R-3 Multi-family Residential Zone subject to a
conditional use permit (CUP) processed pursuant to Chapter 21.50, Conditional Uses.
Before a CUP can be approved by the Planning Cominission the following four findings
must be made:
CUP 247x1 (A) HARDINCTCUEST HOUSE
NOVEMBER 4, 1992
PAGE 4
1) "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 specifically permitted in the zone in
which the proposed use is located".
Residential care facilities are a necessary and desirable use and when dispersed throughout
residential areas within the community they provide valuable housing opportunities for
disabled and elderly citizens. These facilities provide 24 hour supervision and allow
residents to live in a less institutional environment in a residential setting. The facility is
compatible with the surrounding residential land uses because the buildings are one-story
in height and have a residential appearance. The existing 27 bed residential care facility
has continued to operate since 1985 with no complaints from surrounding neighbors.
2) "The site for the intended use is adequate in size and shape to accommodate the
use".
Expansion of the facility would take place in an existing stmcture located on Parcel 2. The
site is large enough to accommodate a 24 foot wide driveway leading to 15 new parking
spaces. These parking spaces would satisfy the entire parking requirement for the 37 bed
facility and minimize impacts to the neighborhood by reducing the number of vehicles
parked on Harding Street and Pine Avenue.
3) "All tlie yards, setbacks, walls, fences, landscaping, and other features necessaiy to
adjust the requested use to existing or pennitted future uses in the neighborhood
wfll be provided and maintained".
The conversion and enlargement of the building on Parcel 2 into a 10 bed residential care
facility would observe all required zoning setbacks by providing a 20 foot front yard
setback along Harding Street and a 12 foot street side setback along Pine Avenue. The
large pine trees along the street frontages would be preserved. Additional landscaping in
the front and side of the property, and around the parking area would be provided. The
11 space parking area would have a six foot high fence along the southem property line
for visual screening and to screen vehicle headlights from the adjoining residential
property.
4) "The street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use".
The site is located on the comer of two fully improved public streets. There would be a
24 foot wide circulation aisle leading firom Pine Avenue to 15 onsite parking spaces. The
Parking Ordinance requires two parking spaces plus 1 parking space per every 3 beds in
a residential care facility, (Required parking - 37 beds/3 -I- 2 = 14.3 spaces). The
proposed 15 parking spaces would satisfy the entire parking demand created by the
residents, their visiting guests, and employees.
CUP 247x1 (A) HARDINCTGUEST HOUSE
NOVEMBER 4, 1992
PAGE 5
C. GROWTH MANAGEMENT
The proposed project is located within Local Facilities Management Plan Zone 1 in the
Northwest Quadrant. A residential care facility is considered a commercial land use,
therefore, the number of beds or dwellings is not counted towards residential density and
would not affect the Northwest Quadrant's residential dwelling unit cap. The impacts on
public facilities created by this project and compliance with the adopted performance
standards are summarized as follows:
FAaUTY IMPACFS COMPLIANCE WFTH
STANDARDS
CITY ADMINISTRATION N/A Yes
LIBRARY N/A Yes
WASTE WATER TREATMENT N/A Yes
PARKS N/A Yes
DRAINAGE N/A Yes
CIRCULATION 5 ADT Yes
FIRE Station # 1 Yes
OPEN SPACE N/A Yes
SCHOOLS N/A Yes
SEWER COLLECTION SYSTEM 14 EDU Yes
WATER DISTRIBUTION SYSTEM 3080 GPD Yes
D. ENVIRONMENTAL REVIEW
On June 11,1984 a Negative Declaration was issued for the original conditional use permit
(CUP 247). Under the CEQA Guidelines - Article 19 "Categorical Exemptions", if only
minor modifications are made to the exterior of a small stmcture, (occupant load of 30
persons or less), the conversion of that stmcture from one use to another is considered
exempt from environmental review under Section 15303, Class 3(c). The guidelines, under
Section 15311, Class 11(b), also exempts the constmction of minor stmctures accessory
to existing commercial uses, including small parking lots. Based on these exemptions, the
Planning Director has determined that further environmental review is not required for this
project and a categorical exemption would be filed with the County Clerk upon approval
of the project by the Planning Commission.
CUP 247x1 (A) HARDIN(?GUEST HOUSE
NOVEMBER 4, 1992
PAGE 6
IV. SUMMARY
The proposed project: (1) is consistent with the General Plan; (2) complies with
the Zoning Ordinance; (3) is in conformance with Growth Management; and (4) will
not significantly impact the environment, therefore, staff recommends approval of
CUP 247x1 (A).
ATTACHMENTS
1. Planning Commission Resolution No. 3445
2. Location Map
3. Planning Commission Resolution No. 2421, dated March 13, 1985
4. Planning Commission Resolution No. 2422, dated March 13, 1985
5. Planning Cominission Resolution No. 3068, dated August 15, 1990
6. Background Data Sheet
7. Local Facilities Impact Assessment Form
8. Exhibits "A" - "G", dated November 4, 1992.
JG:lh
September 16, 1992
PALM AVE
AVOCADO LN
CAMELLIA PL
MAGNOLIA AVE
N r
f^SITE
City of Carlsbad
HARDING GUEST HOME CUP 247x1(A)
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
PLANNING COMMISSION RESOLUTION NO. 2421
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OP CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL
CARE FACILITY ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF PALM AVENUE BETWEEN HARDING
STREET AND INTERSTATE 5 FREEWAY.
APPLICANT: MARTIN
CASE NO; CUP-247
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 14th day of November, 1984, and
on the 13th day of March, 1985, hold a duly noticed public hearing
to consider said application on property described as:
The northeasterly 93.59 feet of lot G and part of that
portion of Lot 7 and 8 in Block B of Resubdivision of
Alles Avocado Acres according to Map 2027 filed May 17,
1927,
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-247.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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
Commission APPROVES CUP-247, based on the following findings
and subject to the following conditions:
////
////
////
////
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
Findings:
1) That the requested use is necessary and 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 this zone since a residential care facility
provides a necessary service and housing for senior citizens.
2) The site is adequate in size and shape to accomodate the use
since the building use for habitation exists and no new
structure is proposed.
3) The street system serving the proposed use is adequate to
properly handle the traffic generated since all the adjacent
public streets are fully improved and the proposed use will
generate very little traffic.
4) All yards and landscaping will be provided and maintained
since they already exist on the property.
5) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on June 16, 1984 and approved by the
Planning Commission on March 13, 1985.
Conditions
1) Approval is granted for CUP-247, as shown on Exhibit "A",
dated January 24, 1985, incorporated by reference and on file
in the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map.
3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated April 4,
1984, is on file with the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this
application will not be consistent with the General Plan and
approval for this project shall be void.
////
PC RESO NO. 2421 -2-
4) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
5) This approval shall become null and void if building permits
are not issued for this project within one year from the date
of project approval.
5 6) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
6 Real Water District, dated May 25, 1983.
7 7) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land
8 Use Planning Manager prior to the issuance of building
permits.
9
8) All landscaped areas shall be maintained in a healthy and
10 thriving condition, free from weeds, trash, and debris.
11 9) Approval of Conditional Use Permit 247 is granted subject to
approval of Variance 365.
12
10) This conditional use permit is granted for a period of five
13 years. This conditional use permit shall be reviewed by the
Land Use Planning Manager on a yearly basis to determine if
14 all conditions of this permit have been met and that the use
does not have a significant detrimental impact on surround-
15 ing properties or the public health and welfare. If the Land
Use Planning Manager determines that the use has such
16 significant adverse impacts, the manager shall recommend that
the Planning Commission, after providing the permittee the
17 opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked
18 at any time after a public hearing, if it is found that the
use has a significant detrimental affect on surrounding land
19 uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended
20 for a reasonable period of time not to exceed five years upon
written application of the permittee made not less than 90
21 days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no
22 substantial adverse affect on surrounding land uses or the
public's health and welfare will result because of the
23 continuation of the permitted use. If a substantial adverse
affect on surrounding land uses or the public's health and
24 welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
25 no limit to the number of extensions the Planning Commission
may grant.
26
27
28
////
////
PC RESO NO. 2421 -3-
1 Engineering Conditions
2 11) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
3
12) Additional drainage easements and drainage structures shall be
4 provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
5 neer.
6 13) The developer shall pay the current local drainage area fee
prior to issuance of any grading permits for this project or
7 shall construct drainage systems in conformance with the
Master Drainage Plan and City of Carlsbad Standards as
8 required by the City Engineer.
9 14) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
10 property prior to issuance of any grading or building permit
for this project.
11
15) Improvements listed in this section shall be installed or
12 agreed to be installed by secured agreement by the developer
before the issuance of any building permit. The developer
13 shall obtain approval of the plans from the City Engineer and
pay all associated fees and performance guarantees prior to
14 issuance of any building permit. The developer shall install
said improvements to the satisfaction of the City Engineer
15 prior to issuance of a Certificate of Occupancy or occupancy
of any portion of the project for any purpose. The
16 improvements are:
17 a) Street light
18 16) Unless a standard variance has been issued, no variance from
City Standards are authorized by virtue of approval of this
19 site plan.
20 17) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
21 regarding services to the project.
22 18) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the
23 Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be
24 signed and sealed on their first page. Additionally the first
sheet of each set of plans shall have the following
25 certificate;
26 "DECLARATION OF RESPONSIBLE CHARGE"
27 I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
28 design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
PC RESO NO. 2421 -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
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.i
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
19) Prior to approval of any grading or building permits for this
project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the site
plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1.
20) The applicant shall provide four parking spaces as shown on
Exhibit A. Parking spaces shall be improved to City
Engineering standards prior to occupancy.
Fire Conditions
21) Occupancy shall conform to the State Fire Marshal's
requirements for aged care facilities.
22) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
23) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
////
////
////
////
////
////
PC RESO NO. 2421 -5-
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
ATTEST;
i
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th day of March, 1985, by the following vote, to wit:
AYES: Chairman Farrow, Commissioners Schlehuber,
L'Heureux, Marcus, McFadden, Smith and
Rombotis.
NOES:
ABSENT:
None.
None.
ABSTAIN: None,
VERNON J. VFARHOW, JR.,^^aiVman
CARLSBAD PbAOTJiNG COMMI SJ
^1ICHAEL J. HOLZMILI
LAND USE PLANNING MANAGER
PC RESO NO. 2421 -6-
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
PLANNING COMMISSION RESOLUTION NO. 2422
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OP CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO REDUCE THE NUMBER OF REQUIRED
PARKING SPACES FROM 6 TO 4 AND TO ALLOW PARKING
WITHIN THE FRONT YARD SETBACK ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF PALM
AWENUE BETWEEN HARDING STREET AND THE
INTERSTATE 5 FREEWAY.
APPLICANT: MARTIN
CASE NO; V-365
WHEREAS, a verified application for certain property, to
wit;
The northeasterly 93.59 feet of Lot G and that part of
that portion of Lot 7 and 8 in Block "B" of the
Resubdivision of Alles Avocado Acres according to Map
2027 filed May 17, 1927,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 13th day of
March, 1985, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the
Variance; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission APPROVES V-365, based on the following findings and
subject to the following conditions:
Findings
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
1) 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; since the patients who
will be residing there are senior citizens and they do not
drive.
2) 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; because to require a parking area
behind the front yard setback would substantially reduce the
existing open lawn area.
3) 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 since: the project will provide a
necessary service to the senior citizens of the community.
4) That the granting of such variance will not adversely affect
the comprehensive general plan since; no land use change is
being proposed.
5) The project is consistent with all City public facility pol-
icies and ordinances since;
a) All necessary public improvements have been provided or
will be required as conditions of approval.
b) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
general plan.
c) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
Conditions
23 1) Approval is granted for V-365, as shown on Exhibit "A",
dated January 24, 1985, incorporated by reference and on file
24 in the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these
25 conditions.
26
27
28
2) Approval of Variance 365 is granted subject to the approval
and continued operation of Conditional Use Permit 247.
////
PC RESO NO. 2422 -2-
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
Planning Commission of the City of Carlsbad, California, held on
the 13th day of March, 1984, by the following vote, to wit:
AYES: Chairman Farrow, Commissioners Schlehuber,
L'Heureux, Marcus, McFadden, Smith and
Rombotis.
NOES:
ABSENT!
None.
None.
ABSTAIN: None.
V ERNON FARROW ,\ JR., Ch^ i^a^
CARLSBAD^JLANNING COMMISSI
ATTEST:
MICHAEL J. HOl
LAND USE PLANNING MANAGER
PC RESO NO. 2422 -3-
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
PLANNING COMMISSION RESOLUTION NO. 3068
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, EXTENDING A
CONDITIONAL USE PERMIT ALLOWING A RESIDENTIAL
CARE FACILITY ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF PALM AVENUE BETWEEN HARDING
STREET AND 1-5.
CASE NAME: MARTIN
CASE NO: CUP 247x1
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Plarming Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of August, 1990, hold a duly noticed hearing to
consider said application on property described as:
The northeasterly 93.59 feet of Lot G and part of that portion
of Lot 7 and 8 in Block B of Resubdivision of Alles Avocado
Acres according to Map 2027 filed May 17, 1927.
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CUP 247x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are tme and correct.
B) That based on the evidence presented at the hearing, the Commission APPROVES
CUP 247x1, based on the following findings and subject to the following
conditions:
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
Findings:
1. That the requested use continues to be 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;
2. That the site for the intended use continues to be adequate in size and shape to
accommodate the use;
3. 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;
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. All conditions of approval imposed upon CUP 247 as stated in Planning
Commission Resolution 2421 shall apply as conditions of approval for CUP 247x1.
2. This conditional use permit is extended for a period of five (5) years beginning on
March 13,1990 and expiring on March 13,1995 unless subsequent extensions are
approved. This conditional use permit shall be reviewed by the Planning Director
on a yearly basis to determine if all conditions of this permit have been met and
that the use does not have a significant detrimental impact on surrounding
properties or the public health and welfare. If the Planning Director determines
that the use has such significant adverse impacts, the Planning Director shall
recommend that the Planning Commission, after providing the pennittee the
opportunity to be heard, add additional conditions to mitigate the significant
adverse impacts. This permit may be revoked at any time after a hearing, if it is
found that the use has a significant detrimental affect on surrounding land uses
and the public's health and welfare, or the conditions imposed herein have not
been met. This permit may be extended for a reasonable period of time not to
exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. In granting such extension, the Planning
Commission shall find that no substantial adverse affect on surrounding land uses
or the public's health and welfare will result because of the continuation of the
pennitted use. If a substantial adverse affect on surrounding land uses or the
public's health and welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is no limit to the number
of extensions the Planning Cominission may grant.
PC RESO NO. 3068 -2-
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 Planning
Commission of the City of Carlsbad, Califomia, held on the 15th day of August, 1990, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
Chairperson Schramm, Commissioners: Schlehuber,
Erwin, Hall, McFadden, and Marcus.
None.
None.
Holmes.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
PC RESO NO. 3068 -3-
.ft
*
^ BACKGROUND DATA SHEET
CASE NO: CUP 247x1 fAl
^ CASE NAME: HARDING GUEST HOME
APPLICANT: MARTIN
REQUEST AND LOCATION: Expansion of a 27 Bed Residential Care Facilitv to 35 Beds and 15 Parking
Spaces at the southeast comer of Harding Street and Pine Avenue.
LEGAL DESCRIPTION: Lot 5 and 6. a portion of Lot 4 and 8 in Block "B" of the Resubdivision of
a portion of Alles Avocado Acres in the Citv of Carlsbad. California,
according to Map No. 2027 filed in the Office of the Recorder of San Diego
Countv. Mav 17. 1927.
APN: 204-190-02 Acres 1.12 Proposed No. of Lots/Units N/A
(Assessor's Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation RESIDENTIAL MEDIUM/OPEN SPACE
Density Allowed N/A Density Proposed N/A
Existing Zone R-3 Proposed Zone N/A
Surrounding Zoning and Land Use: (See attached for infonnation on Carlsbad's Zoning Requirements)
Zoning Land Use
Site R-3 RESIDENTIAL CARE FACILITY
North R-3 RESIDENTIAL
South R-3 RESIDENTIAL
East JTC INTERSTATE 5
West R-3 RESIDENTIAL
PUBLIC FACILITIES
School District CARLSBAD WaterDistrict CARLSBAD Sewer District CARLSBAD
Equivalent Dwelling Units (Sewer Capacity) 14 EDU
Public Facilities Fee Agreement, dated JUNE 19. 1992
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued N/A
Certified Environmental Impact Report, dated N/A
Other, CATEGORICAL EXEMPTION SECTION 15303. CLASS 3(c) AND SECTION 15311. CLASS 11(b) JG:lh
CFFY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FAaLFFIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: HARDING GUEST HOME - CUP 247X1 (A)
LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RMH ZONING: R-3
DEVELOPER'S NAME: MARTIN
ADDRESS: 3574 HARDING STREET. CARLSBAD. CA 92009
PHONE NO: (619) 729-5417 ASSESSOR'S PARCEL NO: 204-190-02
QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 1.12 ACRES
ESTIMATED COMPLETION DATE: NOVEMBER 4. 1992
A. City Administrative Facilities: Demand in Square Footage •
B. Library: Demand in Square Footage
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. =
H. Open Space: Acreage Provided -
I. Schools:
(Demands to be determined by staff)
J. Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD -
N/A
N/A
N/A
N/A
N/A
N/A
NO. 1
N/A
N/A
14
N/A
3080
JG-.lh