Loading...
HomeMy WebLinkAbout1978-09-13; Planning Commission; ; CUP 118A - MAGEE HOUSESTAFF REPORT DATE : TO : FROM : SUBJECT: REQUEST : Backaround September 13, 1978 Planning Commission eK Planning Department MAGEE HOUSE CASE NO: CUP-l18(A) APPLICANT: CITY OF CARLSBAD REVISE APPROVED CONDITIONAL USE PERMIT FOR MAGEE HOUSE PUBL IC BU I LD I NG (CUP-118) TO ALLOW OCCUPANCY PRIOR TO COMMENCEMENT OF PUBLIC IMPROVEMENTS AND DEVELOPMENT OF ON-SITE PARKING LOT. Location and Description of Property The 2.1 acre site is located on the north side of Beech Avenue between Garfield Street and Carlsbad Boulevard. The site is flat, with several older trees scattered over the site. The Magee House and three out buildings are located on the site. Existing Zoning Project Site: 0-S North: R-3 East: C-2 West: R-3 South: R-3, C-2 Existing Land Use Project Site: Vacant and single family structure North: Single family residence, military academy, and motel South: Parking lot East: Commercial structures West: Single family residential Past History and Related Cases On April 28, 1976, the Planning Commission approved a Conditional Use Permit to allow for the remodeling of Magee House into a public building for office and assembly purposes. Conditions of approval included a requirement that a landscape and irrigation plan for the on-site parking lot be submitted for approval prior to issuance of building permits and that these items be installed prior to issuance of occupancy permits. Also required are pub1 ic street improvements along a1 1 street frontages, to be constructed by the City. These conditions are the subject of the present request. STAFF REPORT - MAGEE HOUSE September 13, 1978 Page Two (2) Environmental Impact Information Requirements of the Carlsbad Environmental Protection Ordinance of 1972 have been fulfilled through prior compliance. A Negative Declaration of Environmental Impact was prepared by the County in connection with its administration of the Community Development Block Grant Program. that program. The Negative Declaration was granted for the following reasons : Restoration of Magee House will be funded through 1) This project proposes no grading or alteration of the existing topography; therefore, no adverse impacts on the physical environment a re foreseen. 2) No new construction is proposed; therefore, there will be no significant growth-inducing impacts. 3) The majority of the potential patrons of this center are in lower socio-economic brackets and many are handicapped. Because most of these individuals are located in the Center City area and do not possess auto- mobiles, this project will not indirectly generate significant amounts of motor vehicle emissions. General Plan Information The Parks and Recreation E neighborhood park (Table I in any of the elements for ement designates the project site for a , page 14). However, there are no guide the location or development of public bu i nes ldings. Pub1 ic Facilities All public facilities required to service the proposed use are available except the street improvements called for in the previously approved Conditional Use Permit. Major Planning Considerations 1) What new conditions, if any, should be applied if the request is to be approved? 2) Would approving the request amount to the granting of a special favor? Discussion The city is in the process of rearranging spending priorities due to recent legislation, namely Proposition 13. Carlsbad needs to economize in several areas. One area in which the city can save taxpayers dollars is in rents STAFF REPORT - MAGEE HOUSE September 13, 1978 Page Three (3) paid for non city owned property. relocate some of their recreation programs to the Magee House as an economy measure. Parks and Recreation would like to A Conditional Use Permit authorizing the Magee House for such uses was granted by the Planning Commission in 1976 by Resolution No. 1241. However, as with most Conditional Use Permitls there were conditions of approval attached. The purpose of this application is to modify the Conditional Use Permit to allow immediate occupancy prior to fulfilling the conditions of approval. A copy of Resolution No. 1241 is attached as part of this discussion. Please note that with the exception of condition 4 there are no time requirements for fulfilling the required conditions. At this point it is difficult to guess what the Commission intended in 1976. Staff feels that as a minimum conditions 4 E 6 should be accomplished prior to occupancy. provide adequate on and off street parking and landscaping around the proposed parking lot. accounts for staff’s opinion. This would This would be required of a private applicant which It would be desirable to require public improvements and parking lot improve- ments within a period of time as a condition of occupancy. would mean that the Commission would be committing the Council to a course of action. Council has placed these requirements in the ‘78-79 capital improvement budget, but there is no present assurance that the improvements will be accomplished. It may be that this matter constitutes a policy decision for the Council to make, Normally these improvements would be required as a condition of occupancy. Or, some assurance, such as a bond, would be required to guarantee compliance within a specified period of time, To allow occupancy without them could be construed to be a granting of a special favor. Assurance of these improvements can only be given by the City Council. However, that Staff Recommendation Staff reconmends that the Planning Commission consider all of the information available and the testimony given at the public hearing and take one of the following actions, 1) Approve the request for occupancy of the Magee House subject to the following conditions a) Magee House shal until the condit have been fulfil ‘off ice use, not be used for assembly type uses or purposes ans of Planning Comission Resolution No. 1241 ed, Magee House may be used for storage and STAFF REPORT - MAGEE HOUSE September 13, 1978 Page Four (4) b) Prior to any occupancy Magee House shall be inspected by the Fire Marshall and the Building Inspector to insure compliance with applicable codes; or, 2) Approve the request for occupancy subject to conditions other than those proposed by staff; or, 3) Deny the request for occupancy; or, 4) Continue consideration of this item (date to be specified in the Planning Commission motion). DLR/a r 9/8/78 Location Map Resolution No. 1241 0 ,el -- .a P m 3 r 0 ! s s ...._. .- . ... * ;-. I .- . '. ?:: ...< ?.. .- .... . . .. . B~ECH .. f 9-27-78 AVE. \ FORM PLANNING 52