HomeMy WebLinkAbout2003-03-05; Planning Commission; ; CUP 247BX2 - HARDING GUEST HOMEbe Gity of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Pennit Extension
Item No ®
P.C. AGENDA OF: March 5, 2003
Application complete date: January 6, 2003
Project Planner: Christer Westman
Project Engineer: David Rick
SUBJECT: CUP 247(B)x2 - HARDING GUEST HOME - Request for an extension of
CUP 247(B) to allow the continued operation of an assisted care facility for
seniors at 3574 Harding Street in Local Facilities Management Zone L
I. RECOMMENDATION
That the Plarming Commission ADOPT Planning Commission Resolution No. 5368
APPROVING a five year extension of CUP 247(B) based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
This proposed five year extension of CUP 247(B) will allow the continued operation of an
assisted care facility for seniors at 3574 Harding Street firom April 7, 2003 through April 6,2008.
III. PROJECT DESCRIPTION AND BACKGROUND
On April 7, 1993 the Planning Commission approved CUP 247(B)xl to amend an existing
Conditional Use Permit to add a second story at 3574 Harding Street. Condition No. 5 of the
approving CUP Resolution No. 3507 specifies that CUP 247(B)xl is granted for a period of 10
years but may be extended upon written application ofthe permittee (Paragon Investment LLC).
The applicant Donald McLaughlin is requesting a 5-year extension of CUP 247(B)xl to allow
the continued operation of an assisted care facility for seniors at this site.
IV. ANALYSIS
A. The assisted care facility for seniors continues to be consistent with all applicable
plans, policies and regulations described below:
1. Carlsbad General Plan
2. Local Facilities Management Plan: Zone 1
3. Local Coastal Program: Mello II Segment
4. Title 21 ofthe Carisbad Municipal Code
B. The adopted project findings for CUP 247(B)xl, which are contained in Planning
Commission Resolution No. 3507 still apply to this project (CUP 247(B)x2).
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CUP 247(B)x2 - HARDD^GUEST HOME
March 5, 2003
Page 2
C. The adopted project conditions for CUP 247(B)xl, which are contained in Planning
Commission Resolution No. 3507 still apply to this project (CUP 247(B)x2) with the
exception of Conditions No. 2, 3, 7, and 8 which are no longer applicable and
Condition No. 5 which is amended by Condition No. 4 in Plaiming Commission
Resolution No. 5368 to extend CUP 247(B)xl for 5 years from April 7, 2003 through
April 6, 2008.
D. No formal written complaints regarding CUP 247(B)xl have been submitted to the
City.
E. Annual reviews have been conducted for CUP 247(B)xl and the project is in
compUance with all conditions of approval.
F. The extended CUP should be exempted fi'om environmental review per Section
15301, (Existing Facilities) of CEQA.
V. ENVIRONMENTAL REVIEW
The Plarming Director has determined that this project is exempt from the requirements of the
Califomia Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 5368
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 3507
^ PLANNING COMMISSION RESOLUTION NO. 5368
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5-YEAR
EXTENSION OF A CONDITIONAL USE PERMIT TO
4 HARDING GUEST HOME ON PROPERTY GENERALLY
LOCATED AT 3574 HARDING STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
6 CASENAME: HARDING GUEST HOME
CASE NO.: CUP 247rB)x2
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9 verified application with the City of Carlsbad described as
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WHEREAS, Paragon Investment LLC, "Developer and Owner," has filed a
10 Lots 5 and 6, a portion of Lot 4, and a portion of Lot 8 in
Block "B" of the re-subdivision of a portion of Alles Avocado
^ ^ Acres, in the City of Carlsbad, County of San Diego, State of
j2 California, according to Map No. 2027, filed in the Office of
the Recorder of San Diego County, May 17,1927
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
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15 Permit Extension as shown on Exhibits "A" - "C" dated April 7, 1993, on file in the Carlsbad
17 Planning Department HARDING GUEST HOME - CUP 247(B)xl, as provided by the
conditions of approval of CUP 247(B)xl and Chapter 21.42 and/or 21.50 of the Carlsbad
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Municipal Code; and
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WHEREAS, the Planning Commission did, on the Sth day of March, 2003, hold
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22 a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension.
WHEREAS, on 7th day of April 1993, the Planning Commission approved
HARDING GUEST HOME - CUP 247(B)xl as described and conditioned in Planning
Commission Resolution No. 3507.
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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 Plarming
Commission APPROVES HARDING GUEST HOME - CUP 247(B)x2 based
6 on the following findings and subject to the following conditions:
7 Findings;
g
1. The adopted findings for CUP 247(B)xl which are contained in Plarming Commission
9 Resolution No. 3507 apply to this extension and are incorporated by this reference.
10 Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
J2 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
13 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
^4 issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
16 this Conditional Use Pennit.
17 2. All conditions of approval imposed upon Conditional Use Permit CUP 247(B)xl as
stated in Planning Commission Resolution No. 3507 shall apply as conditions of approval
for CUP 247(B)x2 and are incorporated by this reference, except Conditions No. 2, 3, 4,
19 7, and 8 which have been satisfied, and Condition No. 5 is replaced by Condition No. 4
below.
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This Conditional Use Permit shall be reviewed by the Plaiming Director on a yearly basis
to determine if all conditions ofthis permit have been met and that the use does not have
22 a substantial negative effect on surtounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
23 Planning Director shall recommend that the Plaiming Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
24 substantial negative effects.
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•* This Conditional Use Permit is granted for a penod of five (5) years from April 7,2003
26 through April 6, 2008. This permit may be revoked at any time after a public hearing, if
it is found that the use has a substantial detrimental effect on siurounding land uses and
27 the public's health and welfare, or the conditions imposed herein have not been met. This
pennit may be extended for a reasonable period of time not to exceed 5 years upon
written application ofthe permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
PC RESO NO. 5368 -2-
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substantial negative effects on sunoimding land uses or the public's health and welfare.
If a substantial negative effect on sunounding land uses or the public's health and welfare
is foimd, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively refened to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Govemment Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in cormection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 5368
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on the Sth day of March, 2003 by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Heineman, Segall,
Montgomery, White, and Whitton
None
ABSENT: Commissioner Dominguez
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
.0^
MICHAEL J. HOLZMffiLER
Planning Director
PC RESO NO. 5368
\ \\ \ WW
SITE
HARDING GUEST HOME
CUP 247(B)x2
Citv of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note-
Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, firatemal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county; city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this docimient; however, the legal name and entity of the applicant and property owner must be
provided below.
1.
2.
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.) ^ ^ ^
Person."hc?tJA:CP 1A/. Aoc|>v( >>^ Corp/Part y&^Got^'^V^r^C^^rr LLC
Title y}firHMo&^ Title
Address35^Y \k/^t\i<o^. CAfitSB^.CA: Address
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership, (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person i*^ Coro/Part -/^A^/J ^^<^srrnerr LLC^
Title AfMficC^ Title
Address ^Slj (^/f^<c Sr.CA/LC3e^^4 Address
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ®
NON-PROFIT O ifl^NI ZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Tmst Non Profit/Trust
Title Title
Address Address
Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of applicant/date \J Signature of ownerMate
Print or type name of owner Print or type name of applicant
fA^fi^ipO/^jZT^v^r/y^^f^ LLC ^/[£/\:Qor^'^^'^/^^^&^ LLC-
Signature of owner/applicant's agent if applicable/date
Print or type name of ovwier/applicant's agent
H-.ADM1N\C0UNTER\DISCL0SURE STATEMENT 5/98 Page 2 of 2
PLANNING COMMISSION RESOLUTION NO. 3507
1
A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ADD A
446 SQUARE FOOT SECOND-STORY TO AN EXISTING
4 RESIDENTIAL CARE FACILITY AT 3574 HARDING STREET,
CASENAME: HARDING GUEST HOME
5 CASE NO: CUP 247x1(81
^ WHEREAS, a verified application has been filed with the City of Carlsbad and
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referred to the Planning Conunission; and
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WHEREAS, said verified application constitutes a request as provided by Title
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21 of the Carlsbad Mimicipal Code; and
22, WHEREAS, pvirsuant to the provisions of the Mtmicipal Code, the Planning
12 Comnussion did, on the 7th day of April, 1993, hold a duly noticed public hearing to
•^^ consider said application on property described as:
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Lot 5 & 6, a portion of Lot 4, and a portion of Lot 8 in Block
15 "B" of the resubdivision of a portion of Alles Avocado Acres, in
the City of Carlsbad, Coimty of San Diego, State of Califomia,
16 according to Map No, 2027, filed in the Office of the Recorder
of San Diego Coimty, May 17, 1927,
2g WHEREAS, at said public hearing, upon hearing and considering all testimony
19 and arguments, if any, of all persons desiring to be heard, said Comnussion considered all
20 factors relating to CUP 247x1 (B),
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.
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gg B) That based on the evidence presented at the public hearing, the Comniission
APPROVES CUP 247x1 (B), based on the foUowing findings and subject to
26 the following conditions:
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Findings:
1
1. The requested use is necessaiy or desirable for the development of the community,
2 is essentially in harmony vddi the various elements and objectives of the general
2 plan* and is not detrimental to existing uses specifically pemiitted in the zone in
which the proposed use is located, because residential care fadlities dispersed
4 throughout residential areas within the coinmunity provide valuable housing
opportunities for disabled and elderiy citizens. These facilities provide 24 hour
5 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 would be one and two-stories in height and have a
7 residential type of architecture. The sturotmding neighborhood contains two-stoiy
multi-family residential buildiiigs that would be similar in appearance. The existing
8 residential care facility has continued to operate since 1985 with no complaints from
sturounding neighbors.
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2. The site for the intended use is adequate in size and shape to accommodate the use,
because the 22 foot hig^ second-stoiy addition meets the 35 foot high building
11 height standard for the R-3 Zone; the proposed expansion meets all required City
policies and standards for the property; and modification of the lot configtuation or
12 lot size is not required as part of this proposed pioject.
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3. All the yards, setbacks, walls, fences, landscaping, and other feattues necessaiy to
14 adjust die requested use to existing or permitted future uses in the neighboriiood
will be provided and maintained, because the second-stoiy addition meets all the
15 required R-3 zoning setback standards. The sturounding neigbboihood contains
two-stoiy multi-family residential buildings that would be similar in physical
appearance to this project.
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4. The street system serving the proposed use is adequate to properly handle all trafBc
18 generated by the proposed use, because the site is located on the comer of two fully
improved public streets. There would be a 24 foot wide circulation aisle leading
1^ from Palm Avenue to 15 onsite parking spaces. The Paiking Ordinance requires two
parking spaces in addition to 1 parking space for eveiy 3 beds in the residential care
facility - (Reqtiired parkuig - 37 beds/3 + 2 = 14.3 spaces). The two required
21 paiking spaces provide parking for employees of the fadlity. The approved 15
paridng spaces would satisfy the entire parking demand created by the residents,
22 their visiting guests, and the employees, which indudes the housekeeper.
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The project is consistent with all City Public facilities policies and ordinances since: 23
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a) The Planning Commission has, by inclusion of an appropriate condition to
25 this project, ensured building pennits will not be issued for the project unless
the Qty Engineer detennines that sewer service is available, and building
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cannot occur within the project unless sewer service remains available, and
1 the Planning Comniission is satisfied that the requirements of the Public
Facilities Element of the General Plan have been met insofar as they apply
2 to sewer service for this project.
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b) All necessary public improvements have been provided or vdll be provided
4 as conditions of approval.
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5 c) The applicant has agreed and is required by inclusion of an appropriate
condition to pay a public facilities fee, Perfonnance of that contract and
payment of the fee will enable this body to find that public facilities will be
7 available concunent v^th need as required by the General Plan,
8 6, This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirements approved as part of the Local
^ Facilities Management Plan for Zone 1.
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Planning Conditions: 10
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Approval is granted for CUP 247x1 (B), as shown on Exhibits "A" - "C, dated April
12 7, 1993, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
^'^ conditions,
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This project is also approved under the express condition that the applicant pay the
15 public facilities fee adopted by the City Council on July 28, 1987 and as amended
from time to time, and any development fees established by the Qty Council
16 pursuant to Chapter 21,90 of the Carlsbad Municipal Code or other ordinance
adopted to implement a growth management system or facilities and improvement
plan and to fulfill the subdivider's agreement to pay the public facilities fee dated
23 January 20,1993, a copy of which is on file with the Qty Qerk and is incoiporated
hy this reference, Ifthe fees are not paid this application will not be consistent with
19 the General Plan and approval for this project will be void.
20 3. This approval shall become null and void if building pemiits are not issued for this
project within one year from the date of project approval.
22 4. Prior to the issuance of the Conditional Use Pennit there shall be a Notice of
Restriction placed on the Notice to this property subject to the satisfaction of the
23 Planning Director notifying all interested parties and successors in interest that the
Qty of Carlsbad has issued a(n) Conditional Use Pennit by Resolution No. 3507 on
2^ the real property owned by the declarant. Said Notice of Restriction shall note the
25 property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for
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2^ PC RESO NO. 3507
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6.
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inclusion in the Notice of Restriction, The restrictions referred to in said notice may
be modified or terminated only with the approval of the Planning Director, Planning
Commission or City Council of the Qty of Carlsbad whichever has final decision
authority for this project.
This conditional use pennit is granted for a period of ten (10) years. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if ail 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 detennines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a public 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 pemiit may be
extended for a reasonable period of time not to exceed 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 Comnussion 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 pemiitted 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 pennit. There
is no limit to the number of extensions the Planning Commission may grant.
The conditions of Planning Commission Resolution No. 2421 for CUP 247 dated
March 13,1985, Planning Commission Resolution No. 3068 for CUP 247x1, dated
August 15,1990, and Planning Commission Resolution No. 3445 dated November
4, 1992, all on file in the Planning Department, are incoiporated herein, except
Condition No. 10 of Planning Commission Resolution No. 2421, Condition No. 2 of
Planning Commission Resolution No. 3068, and Condition No. 5 and 9 of Planning
Coinmission Resolution No. 3445, which are superseded by Condition No. 3 and 5
of this resolution.
This project shall comply with all conditions and mitigation required by the Zone
1 Local Facilities Management Plan approved by the Qty Council on September 1,
1987, incorporated herein and on file in the Planning Department and any future
amendments to the Plan made prior to the issuance of building permits.
This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 1 Local Facilities Management Plan and any
amendinents made to that Plan prior to the issuance of building permits.
PC RESO NO. 3507
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on the 7th day of April, 1993, by the
following vote, to wit:
AYES:
NOES:
Chairperson Noble, Commissioners: Schlehuber, Schramm,
Welshons, Savary, Erwin & Hall.
None.
ABSENT: None,
ABSTAIN: None,
ATTEST:
MICHAEL J, HOtiZMIIȣR
PLANNING DIRECTOR
PC RESO NO. 3507
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION