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HomeMy WebLinkAbout1996-04-17; Planning Commission; Resolution 3914r 0 0 t 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. 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 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 0 0 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- ~ 0 e 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. 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 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- < 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 1 0 0 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-