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HomeMy WebLinkAbout1990-08-01; Planning Commission; Resolution 3059w 0 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. 3059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATI PRESCHOOL FOR 135 CHILDREN ON PROPERTY GENERALLY LOCATED IN ' NORTHEAST CORNER OF THE LA COSTA SHOPPING CENTER NORTH OE COSTA AVENUE AND EAST OF EL CAMINO REAL. CASE NAME: LOS NINOS PRESCHOOL CASE NO: CUP 90-1 WHEREAS, a verified application has been filed with the City of Carlsbad and the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Tit Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning I did, on the 1st day of August, 1990, hold a duly noticed public hearing to cc application on property described as: Certificate of Compliance No. 87-242042, 87-242043 Recorded on May 4, 1' File/Page No. 05-903 Through 05-911 WHEREAS, at said public hearing, upon hearing and considering all tes arguments, if any, of all persons desiring to be heard, said Commission considerec relating to CUP 90-1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 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 CUP 90-1, based on the following findings and subject to the following con( .... .... .... 0 0 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 is necessary or desirable for the development of the ( is essentially in harmony with the various elements and objectives of the gener; is not detrimental to existing uses or to uses specifically permitted in the zor the proposed use is to be located; the proposed preschool use will address t need for preschmVdaycare uses in the City. The proposed site is isolated in tl Shopping Center and will not impact any existing or future permitted uses sincc an existing structure. The proposed use is also consistent with the General E provides a much needed prdmVday care use to the south part of the City. guidelines of the Land Use Element of the General Plan calls for such uses parks and churches to be located throughout the City so that each resida reasonable access to these uses. 2. That the site for the intended use is adequate in size and shape to accommod, the structure, play areas and adjacent parking areas are all existing and will serve and support the operation of the use as proposed. 3. That all of the yards, setbacks, walls, fences, landscaping, and other features I adjust the requested use to existing or permitted future uses in the neighborh provided and maintained; most of the necessary features are already existing a: be modified or - . - ed as needed to allow the use to adjust to existin permitted uses. 4. That the street system serving the proposed use is adequate to properly hand generated by the proposed use. In accordance with the Local Facilities Manag for Zone 6 and City Standards for prime arterials, the project is being conditior the adequacy of these street systems to senre the proposed use and the shop1 5. This project is consistent with the City's Growth Management Ordinance as conditioned to comply with any requirement approved as part of the Loci Management Plan for Zone 6. for appropriate improvements to La Costa Avenue and El Camino Real, when 6. The project will not have a significant impact on the environment since it in^ with an existing structure with only minor interior and exterior modification In accordance with the environmental review requirements of CEQA, the Plann has issued a Negative Declaration on July 5,1990. Conditions: 1. Approval is granted for CUP 90-1, as shown on Exhibits "A" - "C", dated JI incorporated by reference and on file in the Planning Department. Develo] occur substantially as shown unless otherwise noted in these conditions. 2. Water shall be provided to this project pursuant to the Water Service agreemr the City of Carlsbad and the Carlsbad Municipal Water District, dated May 2 PC RES0 NO. 3059 -2- 0 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 3. This project shall comply with all conditions and mitigation required by the Z( Facilities Management Plan approved by the City Council on November incorporated herein and on file in the Planning Department and any future a: to the Plan made prior to the issuance of building permits. 4. If any condition for construction of any public improvements or facilities, or tl of any fees in lieu thereof, imposed by this approval or imposed by law on this challenged this approval shall be suspended as provided in Government Cc 65913.5. If any such condition is determined to be invalid this approval shal unless the City Council determines that the project without the condition COI all requirements of law. 5. Approval of this request shall not excuse compliance with all sections of Ordinance and all other applicable City ordinances in effect at time of builc issuance. 6. This conditional use permit is granted for a period of 5 years. This conditiona shall be reviewed by the Planning Director on a yearly basis to determine if al of this permit have been met and that the use does not have a signhcant impact on surrounding properties or the public health and welfare. If tl Director determines that the use has such significant adverse impacts, tl. Director shall recommend that the Planning Commission, after providing the p( opportunity to be heard, add additional conditions to mitigate the signifrc impacts. This permit may be revoked at any time after a public hearing, if it i: the use has a significant detrimental affect on surrounding land uses and health and welfare, or the conditions imposed herein have not been met. This be extended for a reasonable period of time not to exceed 5 years upon written of the permittee made no less than 90 days prior to the expiration date. In gr extension, the Planning Commission shall find that no substantial advers surrounding land uses or the public’s health and welfare will result bet; continuation of the permitted use. If a substantial adverse affect on surroundi or the public’s health and welfare is found, the extension shall be considered a: application for a conditional use permit. There is no limit to the number of ex Planning Commission may grant. 7. The applicant shall prepare a detailed landscape and irrigation plan whi submitted to and approved by the Planning Director prior to the issuance of C Occupancy. 8. All landscaped areas shall be maintained in a healthy and thriving conditio: weeds, trash, and debris. 9. Any signs proposed for this development shall at a minimum be designed in c with the Citfs Sign Ordinance and shall require review and approval of tl Director prior to installation of such signs. .... PC RES0 NO. 3059 -3- 0 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 10. Building identification and/or addresses shall be placed on all new and existin so as to be plainly visible from the street or access road; color of identificat addresses shall contrast to their background color. 11. The maximum enrollment for the proposed preschml/daycare use is 135 chil 12. Prior to the issuance of a certificate of Occupancy7 all of the proposed feam modifications as shown on Fhhiiits "A" - "C", must be completed to the satisfat Planning Director. 13. Prior to the issuance of the Certificate of Occupancy there shall be a deed placed on the deed to this property subject to the satisfaction of the P1anni.I notifying all interested parties and successors in interest that the City of C: issued a Conditional Use Permit by Resolution No. 3059 on the real propertJ the declarant. Said deed restriction shall note the property description, locatio: containing complete project details and all conditions of approval as well as anq or restrictions specified for inclusion in the deed restriction. Said deed restrici be modified or terminated only with the approval of the Planning Directo: Commission or City Council of the City of Carlsbad whichever has final decisio for this project. Engineering: 14. The operator of the facility shall notify parents wishing to travel east on La Cc that the preferred exit would be north of El Camino Real, with a U-turn at A 15. The developer shall make an irrevocable offer of dedication for 13 feet of addit of-way along La Costa Avenue. The offer of dedication shall be made free and liens and encumbrances and without cost to the City. The offer of dedicatil made prior to kce of a Certificate of Occupancy. 16. Prior to the issuance of any Certificate of Occupancy7 the developer shall enta contract for future improvements of sidewalks and half median along the projt on El Gmino Real and of sidewalks along the project frontage on La Costa 1 *: 17. Prior to issuance of building permits, complete building plans shall be submi approved by the Fire Department. 18. Fire retardant roofs shall be required on all structures. 19. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler systems pertinent to the project shall be submitted to the Fire Department fi prior to construction. PC RES0 NO. 3059 -4- ll 0 * 20. The building shall provide be upgraded to meet requirements for an E-1 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning C 2 ClaSsificatioIL 3 of the City of Carlsbad, California, held on the 1st day of August, 1990, by the follow 4 wit: 5 6 AYES: Vice-chairman Holmes, Commissioners: Schlehuber, McFadden, Em & HA. 7 8 ABSENT: Chairperson Schramm. NOES: None. 9 10 11 12 ABSTAIN: None. n ROBERT HOLMES. Vice-chairman CAFUSBAD PLANNING COMMISSION l3 14 ATTEST: 15 16 PLANNING DIRECTOR 17 18 19 I 20 21 22 23 24 25 26 27 PC RES0 NO. 3059 -5- 28