HomeMy WebLinkAbout1990-12-05; Design Review Board; Resolution 162I
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DESIGN REVIEW BOARD RESOLUTION NO. 162
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE EXTENSION OF A CONDITIONAL USE PERMIT
TO ALLOW A PRESCHOOL AND DAYCARE ON PROPERTY GENERALLY LOCATED
ON THE EAST SIDE OF MADISON AVENUE BETWEEN CARLSBAD VILLAGE
DRIVE AND OAK AVENUE.
APPLICANT: CARLSBAD VILLAGE CHILDREN’S CENTER
CASE NO: CUP 196(B)x1
WHEREAS, a verified application has been filed with the City of Carlsbad and referred to
the Design Review Board; 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 Design Review Board
did, on the 5th day of December, 1990, hold a duly noticed public hearing to consider said
application on property described as:
Lots 7 and 8 in Block 48 of Carlsbad according to Parcel Map 535
WHEREAS, at said hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, said Board considered all factors relating to CUP 196(B)
x 1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 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 Board APPROVES CUP
196(B) X 1, based on the following findings and subject to the following conditions:
Findin=:
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;
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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 continues to be adequate to properly
handle all traffic generated by the proposed use.
Conditions:
1. All conditions of approval imposed upon CUP 196, CUP 196(A), and CUP 196(B) as stated
in Planning Commission Resolution No.’s 2504, 2416 and 1781 shall apply as conditions
of approval for CUP 196(B)x1 except as amended by the deletion of Finding No. 5 and
Conditions No. 8 & 10 of Planning Commission Resolution No. 2504.
2. This conditional use permit is extended for a period of five (5) years beginning on
November 13,1990 and expiring on November 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 Design Review Board,
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 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 Design Review Board
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 permitted 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 Design Review Board may grant.
3. Operation of the school shall be limited to the hours between 7:oO AM., and 6:oO P.M.,
and the scheduling of students arrival and departure shall be staggered to the satisfaction
of the Planning Director.
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DRB RES0 NO. 162 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board
of the City of Carlsbad, California, held on the 5th day of December, 1990, by the following vote,
to wit:
AYES: Chairperson McCoy, Board Members: McFadden, Rombotis, Schlehuber, &
schramm.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JOHN McCOY, Chairperson
CARLSBAD DESIGN REVIEW BOARD
ATTEST:
-
1
REDEVELOPMENT DIRECTOR
DRB RES0 NO. 162 -3-
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DESIGN REVIEW BOARD RESOLUTION NO. 162
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE EXTENSION OF A CONDITIONAL USE PERMIT
TO ALLOW A PRESCHOOL AND DAYCARE ON PROPERTY GENERALLY LOCATED
ON THE EAST SIDE OF MADISON AVENUE BETWEEN CARLSBAD VILLAGE
DRIVE AND OAK AVENUE.
APPLICANT: CARLSBAD VILLAGE CHILDREN’S CENTER
CASE NO: CUP 196(B)x1
WHEREAS, a verified application has been filed with the City of Carlsbad and referred to
the Design Review Board; 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 Design Review Board
did, on the 5th day of December, 1990, hold a duly noticed public hearing to consider said
application on property described as:
Lots 7 and 8 in Block 48 of Carlsbad according to Parcel Map 535
WHEREAS, at said hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, said Board considered all factors relating to CUP 196(B)
x 1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 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 Board APPROVES CUP
196(B) X 1, based on the following findings and subject to the following conditions:
Findinns:
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;
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3. That all of the yards, setbacks, walls, fences, landscaping, and other features necessav to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained;
That the street system serving the proposed use continues to be adequate to properly
handle all traffic generated by the proposed use.
4.
Conditions:
1.
2.
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All conditions of approval imposed upon CUP 196, CUP 196(A), and CUP 196(B) as stated
in Planning Commission Resolution No.’s 2504, 2416 and 1781 shall apply as conditions
of approval for CUP 196(B)x1 except as amended by the deletion of Finding No. 5 and
Condition No. 10 of Planning Commission Resolution No. 2504.
This conditional use permit is extended for a period of five (5) years beginning on
November 13,1990 and expiring on November 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 Design Review Board,
after providing the permittee the opportunity to be heard, add additional conditions to
mitigate the significant adverse impacts. This pennit 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 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 Design Review Board
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 permitted 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 Design Review Board may grant.
DRB RES0 NO. 162 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board
of the City of Carlsbad, California, held on the 5th day of December, 1990, by the following vote,
to wit:
AYES: McCoy, McPadden, Rombotis, Schlehuber, Schramm
NOES: None
ABSENT:
ABSTAIN:
JOHN McCOY, Chairperson
CARLSBAD DESIGN REVIEW BOARD
ATTEST:
2 u- 0 F-2
=?%I' L. GRAHAM
COMMUNITY REDEVELOPMENT DIRECTOR
AH:rV0
DRB RES0 NO. 162 -3-