HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4367L !
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PLANNING COMMISSION RESOLUTION NO. 4367
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 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 ISLE CHILD DAY
CARE CENTER
CASE NO.: SDP 98-02
WHEREAS, Discovery Isle Child Development Center, Inc., “Develoy
filed a verified application with the City of Carlsbad regarding property owned bq
Capital Corporate Advisors, “Owner”, described as
SITE DEVELOPMENT PLAN SDP 98-02 TO ALLOW A
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 Site Deve
Plan as shown on Exhibit(s) “A” - “E” dated September 2, 1998, on file in the I
Department, DISCOVERY ISLE CHILD DAY CARE CENTER, SDP 98-02, as pro\
Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembe
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 te
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 P
Commission APPROVES DISCOVERY ISLE CHILD DAY
CENTER, SDP 98-02, based on the following findings and subject
following conditions:
Findings:
1. That the requested use is a) properly related to the site, surroundings and envirc
settings, b) is consistent with the various elements and objectives of the General
will not be detrimental to existing uses or to uses specifically permitted in tht
which the proposed use is to be located, and d) will not adversely impact
surroundings or traffic circulation, in that:
a) The proposed child day care center development would be smaller
and less intense than surrounding office and retail commercial develc
The proposed design is architecturally compatible, and designed so tl
areas would be separated from existing development. The r
landscaped setbacks and parking lots would be provided.
b) The project is designated for Office and Related Commercial (“0”) la
by the General Plan. The intent of the “0” land use designation is to
a buffer between commercial and residential land uses. Surrc
development consists of offices and retail commercial uses which g
more traffic and are larger in scale than the proposed developmen
child day care center is consistent with the “0” designation in that i
buffer the more intense retail commercial and office uses to the non
open space and residential uses to the south.
c) The project would be constructed on the existing pre-graded pad ou
the adjacent Encinas Creek floodplain and Coastal Commissio
restricted open space.
d) The additional 960 ADT generated by the day care use is below thc
level projections for office uses analyzed by the MEIR. The incr
traffic would not reduce the level of service on Paseo del Norte
intersections at Palomar Airport Road and Poinsettia Lane to unacc
levels. No additional mitigation, in the form of roadway improvem
necessary.
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2. That the site for the intended use is adequate in size and shape to accommodate tl
that the single story structure and all necessary landscaped setbacks, cir
aisles and parking, and play areas are provided within the 40% of the parcc
developable.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that all setbacks required by SP 184 are exceec
development remains within the developable portion of the lot outside the 2
Encinas Creek floodplain and Coastal Commission deed-restricted open spr
all amenities required by the Child Care Ordinance, Chapter 21.83 of the C
Municipal Code, are provided.
4. That the street systems serving the proposed use is adequate to properly handle L
generated by the proposed use, in that the levels of service of Paseo del Norte
intersections at Palomar Airport Road and Poinsettia Lane would not be red
unacceptable levels by the increase in traffic and that additional r
improvements are not necessary.
5. The Planning Commission finds that the project, as conditioned herein for SDP
in conformance with the Elements of the City’s General Plan, based on the follow
a. Land Use - The project is consistent with the (0) Office and
Commercial General Plan designation in that it is a commercial child d
center which separates office and commercial uses to the north and ea
open space and buffers residential uses to the south;
b. Circulation - the levels of service of adjacent roadways directly sen
project (Paseo del Norte and its intersections at Palomar Airport Rc
Poinsettia Lane) would not be reduced to unacceptable levels by the i
in traffic generated by the proposed child day care center. No ad
roadway improvements are necessary.
C. Noise - The project is conditioned to require a noise analysis with mi
measures to be incorporated into the project that ensure that interior nois
do not exceed the City’s 45 dBA CNEL noise standard.
d. Open Space - The project will preserve the adjacent Encinas Creek 7
area encompassing the Encinas Creek flood plain and Coastal Com
deed-restricted open space.
e. Public safety - The project is conditioned to construct all required
improvements in accordance with City standards.
6. The project is consistent with the City-Wide Facilities and Improvements PI
applicable local facilities management plan and all City public facility polic
ordinances since:
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n a. The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project. I
b. Statutory School fees will be paid to ensure the availability of school facilities in
the Carlsbad Unified School District.
c. All necessary public improvements have been provided or are required as
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, or new
construction tax,. or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 3.
9. That the project is consistent with Section 14.28.020 of the Carlsbad Municipal Code,
requiring compliance with the City’s Landscape Manual.
10. Pursuant to Specific Plan 184, the Planning Commission has determined that the
child day care center is comparable in nature to the school uses enumerated by SP
184 with respect to traffic generation, facility design and appearance, and hours of
operation, and compatible with surrounding development in that it is smaller in
. scale and intensity than surrounding office and retail uses.
1 1, The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Site Development Plan document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
,
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shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, i
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, de:
hold harmless the City of Carlsbad, its Council members, officers, employees, agl
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney's fees incurred by the City arising,
or indirectly, fiom (a) City's approval and issuance of this Site Development
City's approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, :
Developer/Operator's installation and operation of the facility permitted
including without limitation, any and all liabilities arising fi-om the emissior
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24" x 36" mylar cop
Site Plan as approved by the final decision making body. The Site Plan shall re
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, or improvement plan SI
whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan 1
reduced legible version of the approving resolutions on a 24" x 36" blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
6. Building permits will not be issued for this project unless the local agency PI
water and sewer services to the project provides written certification to the C
adequate water service and sewer facilities, respectively, are available to the proje
time of the application for the building permits, and that water and sewer capat
facilities will continue to be available until the time of occupancy.
7. The Developer shall pay the public facilities fee adopted by the City Council on .
1987, (amended July 2, 1991) and as amended fiom time to time, and any devel
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad MI
Code or other ordinance adopted to implement a growth management system or F
and Improvement Plan and to fulfill the subdivider's agreement to pay the
facilities fee dated January 22, 1998, a copy of which is on file with the City C1
is incorporated by this reference. If the fees are not paid, this application will
consistent with the General Plan and approval for this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to I
conditions of overcrowding as part of the building permit application. The am
these fees shall be determined by the fee schedule in effect at the time of building
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application.
9. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 3 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
10. Approval of SDP 98-02 is granted subject to the approval of CDP 98-11. SDP
subject to all conditions contained in the Planning Commission Resolution No.
CDP 98-11, and DC 98-01 dated September 3,1998.
11. Prior to the issuance of the Building Permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan by Resolution No. 4367 or.
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all cond
approval as well as any conditions or restrictions specified for inclusion in the >
Restriction. The Planning Director has the authority to execute and record an am
to the notice which modifies or terminates said notice upon a showing of good t
the Developer or successor in interest.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wj
pursuant to City standards. Location of said receptacles shall be approved
Planning Director prior to building permit issuance. Enclosure shall be showr
building plans to be of similar colors and/or materials to the project to the satisf2
the Planning Director prior to building permit issuance.
13. An exterior lighting plan including parking areas shall be submitted for Planning :
approval. All lighting shall be designed to reflect downward and avoid any im]
adjacent property. The maximum height of all light fixtures shall not exceed 31
14. No outdoor storage of materials shall occur onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
~ 15. The Developer shall prepare a detailed landscape and irrigation plan in conformar
the approved Preliminary Landscape Plan and the City’s Landscape Manual. TI
shall be submitted to and approval obtained from the Planning Director prio:
approval of the final map, grading permit, or building permit, whichever occurs fi1
Developer shall construct and install all landscaping as shown on the approved pl;
maintain all landscaping in a healthy and thriving condition, free from weeds, tr;
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompaniec
project’s building, improvement, and grading plans.
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17. Building identification andor addresses shall be placed on all new and existing 1:
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
18. The Developer is aware that the City is preparing a non-residential housing in
(linkage fee) consistent with Program 4.1 of the Housing Element. The apy
further aware that the City may determine that certain non-residential projects IT
to pay a linkage fee, in order to be found consistent with the Housing Elemer
General Plan. If a linkage fee is established by City Council ordinance andlor re
and this project becomes subject to a linkage fee pursuant to said ordinancl
resolution, then the Developer, or hishedtheir successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned develop me^
existing development, in which case, the fee shall be paid on approval of the fi1
parcel map or certificate of compliance, required to process the non-residenti
whichever pertains. If linkage fees are required for this project, and they are not I
project will not be consistent with the General Plan and approval for this pro
become null and void.
19. The developer shall submit a noise report with the building plans pr
evidence that the interior noise levels of the child care center structure 1
exceed 45 dBA CNEL, in accordance with the policies of the City of Carlsba
Element and Noise Guidelines Manual.
20. Prior to the issuance of building permits, this project shall comply j
mitigation measures specified in the MEIR for the 1994 General Plan Updat
are applicable to this project.
Engineering;: -
21. The developer shall exercise special care during the construction phase of this pr
prevent offsite siltation. Planting and erosion control shall be provided in accordar
the Carlsbad Municipal Code and the City Engineer.
22. Prior to issuance of any building permit, the developer shall comply with the requi
of the City’s anti-graffiti program for wall treatments if and when such a pro
formerly established by the City.
23. Prior to hauling dirt or construction materials to or from any proposed construc,
within this project, the developer shall submit to and receive approval from t
Engineer for the proposed haul route. The developer shall comply with all conditi
requirements the City Engineer may impose with regards to the hauling operation.
24. The developer shall pay all current fees and deposits required.
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25. The developer shall comply with the City's requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall prow
management practices as referenced in the "California Storm Water Best Man
Practices Handbook'' to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and tt
the following:
A. All owners and tenants shall coordinate efforts to establish or WI
established disposal programs to remove and properly dispose oft
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, a
such fluids shall not be discharged into any street, public or privatc
storm drain or storm water conveyance systems. Use and dis
pesticides, fungicides, herbicides, insecticides, fertilizers and ot
chemical treatments shall meet Federal, State, County ar
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce
pollutants when planning any changes to the landscaping and
improvements.
26. The structural section for the access aisles must be designed with a traffic index (
accordance with City Standards due to truck access through the parking area and
with an ADT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
SDecial Conditions:
27. The sewer lateral from the building shall be connected into the access hole a!
and the top of the lateral shall match the top of the Vallecitos Interceptor liI
Vallecitos improvement drawing number must be referenced on the appro
plan.
28. The developer shall install missing sidewalk sections and repair damaged sic
section on Paseo del Norte across the entire frontage of the subject prop
conformance with City of Carlsbad Standards prior to occupancy of the builc
Water:
29. The developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. 'I
Diego County Water Authority capacity charge will be collected at issu;
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application for any meter installation.
30. The developer shall provide detailed information to the District Engineer rt
water demand, irrigation demand, fire flow demand in gallons per mini
projected sewer flow in millions gallons per day.
31. The entire potable water system, recycled water system and sewer system
evaluated in detail by developer and District Engineer to insure that a
capacity, pressure and flow demands can be met.
32. All District pipelines, pump stations, pressure reducing stations and appurl
required for this project by the District shall be within public right-of-way o
easements granted to the District or the City of Carlsbad.
33. Sequentially, the developer’s engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire pr
requirements.
B. Prepare and submit a colored recycled water use area map and sub
map to the Planning Department for processing and approval by the
Engineer.
C. Prior to the preparation of sewer, water and recycled water imprc
plans, the developer shall submit preliminary system layouts to the
Engineer for review, comment and approval.
34. The following note shall be placed on the site plan: “This project is approvt
the expressed condition that building permits will not be issued for develop
the subject property unless the District serving the development has adequal
and sewer capacity available at the time development is to occur, and th
water and sewer capacity will continue to be available until time of occupanc:
35. All potable water and recycled water meters shall be placed within public
way.
Fire:
36. One additional public fire hydrant shall be required at the entrance to the site o
100 feet.
37. Native vegetation which presents a fire hazard to structures shall be modified or I
in accordance with the specifications contained in the City of Carlsbad La
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Guidelines Manual. Applicant shall submit a Fire Suppression plan to
Department for approval.
General:
38. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tr
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuant
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litir
compel their compliance with said conditions or seek damages for their viola.
vested rights are gained by Developer or a successor in interest by the City’s apI
this Site Development Plan.
Code Reminders:
39. This approval shall become null and void if building permits are not issued for this proje
two years from the date of project approval.
40. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
41. The project shall comply with the latest non-residential disabled access requj
pursuant to Title 24 of the State Building Code.
42. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the F
Department.
43. Any signs proposed for this development shall at a minimum be designed in confc
with the City’s Sign Ordinance and shall require review and approval of the E
Director prior to installation of such signs.
44. All roof appurtenances, including air conditioners, shall be architecturally integr;
concealed from view and the sound buffered from adjacent properties and st1
substance as provided in Building Department Policy No. 80-6, to the satisfactio
Directors of Community Development and Planning.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” (
dedications, reservations, or other exactions hereafter collectively referred to for conven:
“fees/exactions.”
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You have 90 days from September 2, 1998, to protest imposition of these fees/exaction
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 2nd day of September 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, ar
Monroy
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
a
P e>- ->/?I $&Jy?+ fl c' &&d<?kf j >t I i; &b
BAILEY NOB@E, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
V. MICHAEL J. HOLZXILLER
Planning Director
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