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HomeMy WebLinkAbout1990-12-05; Design Review Board; Resolution 162I 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 23 24 25 26 27 28 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; 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. 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. ... ... ... ... ... DRB RES0 NO. 162 -2- 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 20 .---- 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- 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 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; 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. 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. ..... ..... ..... ..... ..... ..... ..... 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- n , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '9 1 18 19 20 21 22 23 24 25 26 27 28 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-