HomeMy WebLinkAbout1998-01-21; Planning Commission; Resolution 4232i
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PLANNING COMMISSION RESOLUTION NO. 4232
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE USE OF A
SINGLE FAMILY RESIDENCE FOR A PUBLIC OFFICE ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF ELMWOOD AVENUE AND LAGUNA DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ARTS OFFICE
CASE NO.: CUP 96-21
WHEREAS, City of Carlsbad, “Developer”, has filed a verified applica
the City of Carlsbad regarding property owned by City of Carlsbad, “Owner”, describe
A portion of the northwest quarter of Section 6, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in
the City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condit-
Permit as shown on Exhibits “A” - “H” dated January 21, 1998, on file in the
Planning Department, Arts Office (CUP 96-21), as provided by Chapter 21.42 of the
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of Janua
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all 1
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to CUP 96-21.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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 Co
APPROVES a Arts Office CUP 96-21, based on the following fin(
subject to the following conditions:
Findings: -
1. That the requested use is necessary or desirable for the development of the coml
essentially in harmony with the various elements and objectives of the General
is not detrimental to existing uses specifically permitted in the zone in I
proposed use is located, in that the Arts Office provides art and enter
opportunities for the residents and visitors of Carlsbad, including a I
garden, and the weekday government office uses are compatible 7
surrounding residential uses.
2. That the site for the intended use is adequate in size and shape to accommodate t
that all proposed facilities and improvements, including access for p
challenged individuals, can fit within the existing site without significant
modifications to the existing building.
3. That all the yards, setbacks, walls, fences, landscaping, and other features ne(
adjust the requested use to existing or permitted future uses in the neighborhoc
provided and maintained, in that the office use is compatible with the
residential uses and all parking generated by the Arts Office can be accom
on site or in the City Hall parking lot across the street..
4. That the street system serving the proposed use is adequate to properly handle
generated by the proposed use, in that the traffic generated by the
proportionate to that found typical single family neighborhoods, and Lagu
and Elmwood Street are local streets that can accommodate the approxin
average daily trips generated by the Arts Office.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Conditional Use Permit documents, as necessary, to m
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed de\
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, :
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar co
Site Plan as approved by the final decision making body. The Site Plan shall r
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improven
submittal, whichever occws first.
~ PC RES0 NO. 4232 -2-
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4. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 1 Local Facilities Management Plan and any amendment:
that Plan prior to the issuance of building permits.
5. This Conditional Use Permit shall be reviewed by the Planning Director on a ye
to determine if all conditions of this permit have been met and that the use doe:
a substantial negative effect on surrounding properties or the public health and P
the Planning Director determines that the use has such substantial negative e:
Planning Director shall recommend that the Planning Commission, after prov
permittee the opportunity to be heard, add additional conditions to reduce or elin
substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a substantial detrimental effect on surroun
uses and the public’s health and welfare, or the conditions imposed herein have
met.
6. No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chie
Planning Director.
7. Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible from the street or access road; color of identificati’
addresses shall contrast to their background color.
General:
8. If any of the foregoing conditions fail to occur; or if they are, by their terr
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have tht
revoke or modifl all approvals herein granted; deny or further condition issua~
future building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s ap
this Conditional Use Permit.
Code Reminders:
9. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
10. The project shall comply with the latest non-residential disabled access req1
pursuant to Title 24 of the State Building Code.
PC RES0 NO. 4232 q -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of January 19
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 1
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
". .
."_ - .
BAILEY NOBP Chairperson
CARLSBAD P ANNING COMMISSION
ATTEST:
\ we
MICHAEL J. HOLZMILLER
Planning Director
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PC RES0 NO. 4232 -4-