HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 43681
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PLANNING COMMISSION RESOLUTION NO. 4368
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CDP 98-11 TO
ALLOW A CHILD DAY CARE CENTER ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF PASEO
DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND
ENCINAS CREEK IN THE RP ZONE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: DISCOVERY 1SL.E CHILD DAY CARE
CASE NO.: CDP 98-1 1
CENTER
WHEREAS, Discovery Isle Child Development Center, Inc., “Develc
filed a verified application with the City of Carlsbad regarding property owned b
Capital Corporate Advisors, “Owner”, described as
Parcel 3 of the City of Carlsbad Minor Subdivision No. 837
according to Map No. 16860 filed in the office of the County
Recorder of San Diego County on May 28,1992 as file No. 92-
324938 of Official Records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “E” dated September 2, 1998, on .E
Planning Department, DISCOVERY ISLE CHILD DAY CARE CENTER, SDP 5
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembi
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the COI
APPROVES DISCOVERY ISLE CHILD DAY CARE CENTER, CI
based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local
Program (Mello I1 segment) and all applicable policies and the applicable devj
standards of Chapter 21.201 and Coastal Resource Protection requirements of
21.203, in that the project is required to obtain a building permit r
compliance with the City’s standards to ensure erosion control, sediment
and adequate drainage facilities in developed areas in accordance w
Standards. The project is located outside the coastal shoreline developmen
zone; therefore, compliance with the public access and recreation pc
Chapter 3 of the Coastal Act is not required. No natural coastal resourct
impacted in that the site has been previously disturbed by authorized grat
the proposed development will occupy the existing graded pad and remain
of the adjacent Encinas Creek floodplain and Coastal Commission deed-r
open space.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the document(s) necessary to make them internally consiste
conformity with final action on the project. Development shall occur substa~
shown in the approved Exhibits. Any proposed development different f
approval, shall require an amendment to this approval.
2. Approval of CDP 98-11 is granted subject to the approval of SDP 98-02. CDP
subject to all conditions contained in the Planning Commission Resolution No.
SDP 98-02 and DC 98-01 dated September 3,1998.
3. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this coastal development permit will expir
extended per Section 21.201.210 of the Zoning Ordinance.
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PC RES0 NO. 4368
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 2nd day of September 195
following vote, to wit:
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AYES: Chairperson Noble, Commissioners Compas, Heineman, a
Monroy
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
BAILEY NO@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1.2
MICHAEL J. HOLZM~~ER
Planning Director
PC RES0 NO. 4368