HomeMy WebLinkAbout1996-04-17; Planning Commission; Resolution 3914r 0 0
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PLANNING COMMISSION RESOLUTION NO. 3914
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT EXTENSION TO ALLOW
THE CONTINUED OPERATIONS OF THE LOS NINOS
PRESCHOOL LOCATED IN AN EXISTING STRUCTURE
AND FACILITY IN THE NORTHEAST CORNER OF THE
LA COSTA SHOPPING CENTER ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF EL
CAMINO REAL AND NORTH OF LA COSTA AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 6..
CASE NAME: LOS NINOS PRESCHOOL
CASE NO: CUP 90-01x1
WHEREAS, Los Ninos Preschool has filed a verified application with I
of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Con1
Use Permit as provided by the conditions of approval for CUP 90-01, and Chapter 2
the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 17th day of April, 1996, hold a duly noticed public hea
consider said application on property described as:
Certificate of Compliance No. 87-242042,87-242043 as recorded
on May 4, 1987. Filepage No. 05-903 through 05-911
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Commission conside
factors relating to CUP 90-01x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1
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 Comn
APPROVES Conditional Use Permit, CUP 90-01x1, based on all the fi1
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and conditions contained in Planning Commission Resolution No. 305
originally approved CUP 90-01 and remains in full force and effect; 2
based on the additional following findings, and subject to the adc
following conditions, specific to this CUP extension request:
Findings:
1. That the requested use is necessary or desirable for the development
community, is essentially in harmony with the various elements and objective
General Plan, and is not detrimental to existing uses specifically permittec
zone in which the proposed use is located, in that the use has operated s
approval in 1990 without any reported incidents of operational problems or
The use has proven itself to be a benefit to the community by providing day
this portion of the City. No detrimental effects on existing or specifically pe
uses in the area have been observed, or are anticipated by the approval
extension request.
2. That the site for the intended use is adequate in size and shape to accommoc
use, in that it has accommodated the needs of the preschool without being ad
impacted by the traffic generated elsewhere on the shopping center site.
3. That all the yards, setbacks, walls, fences, landscaping, and other features ne
to adjust the requested use to existing or permitted future uses in the neighb
will be provided and maintained, in that on-site circulation aisles, parking
project landscaping and specific day carekhildren related amenities and pla
have been and will continue to be maintained for the continued success of t
without impacts to adjacent uses or areas.
4. That the street system serving the proposed use is adequate to properly har
traffic generated by the proposed use, in that the site’s interior location wit1
La Costa Shopping Center has not impacted the El Camino Real or La
Avenue street systems.
5. The Planning Commission finds that:
a) there was a Negative Declaration approved by Planning Comn
Resolution No. 3089 in connection with the prior approval of the Los
Preschool CUP in August 1990 and qualifies as a Subsequent Prq
described within the General Plan Master EIR (MEIR 93-01);
b) the project has no new significant environmental effect not analy
significant in the prior Negative Declaration or MEIR; and
c) none of the circumstances requiring Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist.
....
~ PC RES0 NO. 3914 -2-
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1 6. The Planning Commission finds that all feasible mitigation measures or
2 alternatives identified in the previously approved Negative Declaration anc
which are appropriate to this Subsequent Project have been incorporated ;
3 Subsequent Project.
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7. The project, as designed, implements all applicable objectives and mi.
measures established by the General Plan Master EIR to reduce cumula
quality and circulation impacts as applicable to a day care/pre-school projecl
scale.
These include: (1) providing a land use (day care) that is desired fo.
distribution throughout the City to maximize proximity to all residents in 1
(Mitigation Measure No. 3, Planned Land Use Pattern, Air Quality Impact
MEIR); and (2) locating the day care use near residential zones and withi:
commercial areas to reduce vehicular trips (Mitigation Measure No. 41, R
Circulation, Circulation Impacts of the MEIR).
Conditions:
1. All conditions of approval as contained in Planning Commission Resolution N
shall remain in full force and effect for the purposes of this CUP extension ag
with the exception of Conditions No. 15 and 16, which shall be delete
Condition No. 6 which is hereby replaced by Condition No. 2 as shown belc
2. This Conditional Use Permit is granted for a period of five years, until Au
2000. This Conditional Use Permit shall be reviewed by the Planning Direc
a yearly basis to determine if all conditions of this permit have been met and t
use does not have a substantial negative effect on surrounding properties
public health and welfare. If the Planning Director determines that the use h
substantial negative effects, the Planning Director shall recommend that the PI
Commission, after providing the permittee the opportunity to be hear
additional conditions to reduce or eliminate the substantial negative effect2
permit may be revoked t any time after a public hearing, if it is found that he I
a substantial detrimental effect on surrounding land uses and the public’s heal
welfare, or the conditions imposed herein have not been met. This permit r
extended for a reasonable period of time not to exceed five years upon 7
application of the permittee made no less than 90 days prior to the expiratio]
The Planning Commission may not grant such extension, unless it finds that thl
no substantial negative effects on surrounding land uses or the public’s heal
welfare. If a substantial negative effect on surrounding land uses or the 1
health and welfare is found, the extension shall be denied or granted with con
which will eliminate or substantially reduce such effects. There is no limit
number of additional extensions the Planning Commission may grant. ....
....
PC RES0 NO. 3914 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 17th day c
1996, by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, :
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
/
WILLIAM COMPAS, &airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
Planning Director
PC RES0 NO. 3914 -4-