HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 47120 e
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PLANNING COMMISSION RESOLUTION NO. 4712
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, APPROVING SITE
CENTER ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF HIDDEN
VALLEY ROAD AND PLUM TREE ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20
CASE NAME: KINDERCARELEARNINGCENTER
CASE NO.: SDP 99-14
WHEREAS, Kindercare Learning Centers, Inc., “Developer”, has filed
verified application with the City of Carlsbad regarding property owned by Sambi Seasi
Heights, LLC, “Owner”, described as
DEVELOPMENT PLAN SDP 99-14 TO ALLOW A DAY CARE
Lot 140 of Carlsbad Tract No. 92-02 Sambi Seaside Heights
Unit 1, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 13378, filed in the
Office of the County Recorder of San Diego County, December
9,1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Developme
Plan as shown on Exhibits “A” - “F” dated January 19, 2000, on file in the Planni:
Department, KINDERCARE LEARNING CENTER - SDP 99-14 as provided by Chap1
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 20(
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 testimo~
and arguments, if any, of all persons desiring to be heard, said Commission considered all facto
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil
Commission of the City of Carlsbad as follows:
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1 I/ A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Plannil
Commission APPROVES KINDERCARE LEARNING CENTER - SDP 9
14 based on the following findings and subject to the following conditions:
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Findinm:
1. That the requested use is properly related to the site, surroundings and environmel
settings, is consistent with the various elements and objectives of the General Plan, P
the proposed use is to be located, and will not adversely impact the site, surroundings
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traffic circulation, in that: 8
not be detrimental to existing uses or to uses specifically permitted in the area in wh:
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A. The proposed architectural design is compatible in design, color, a
materials with the surrounding residential development and the requir
play areas, setbacks and parking areas are provided.
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B. The site is designated for Residential Density-Multiple (RD-M) land uses
the General Plan. The day care center is a permitted use in residential ZOI
subject to approval of an administrative permit, however, a conditional I
permit is required by Specific Plan 203. The use is consistent with the la
uses allowed by SP 203 and will serve the surrounding residenl
development.
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C. The project will be constructed on an existing pre-graded in-fill lot reserv
for development of a community facility and is located outside of the 60 fa
open space buffer from biological habitat.
D. The Traffic Impact Analysis prepared for the Kindercare Learning Cenl
indicates that the 920 ADT generated by the day care center does n
significantly impact the key intersections and street segments in the projc
area. No mitigation, in the form of roadway improvements, is necessary.
20 2. That the site for the intended use is adequate in size and shape to accommodate the use,
habitat and all necessary landscaped setbacks, play areas, circulation aisles a
parking areas are provided.
21 that the single story structure is located outside of the 60 foot open space buffer frt
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3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjl
the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that all setbacks required by the RD-M zone a
exceeded, combustible structures are located outside of the 60 foot open spa
buffer, and all requirements of the Child Care Ordinance, Chapter 21.83 of t
Carlsbad Municipal Code are provided in that the project is conditioned to provi
proof of licensing prior to occupancy; outdoor play areas are enclosed and a
located adjacent to the structure; the play areas are visible and accessible from t
building; multiple windows are provided for maximum natural lighting a1
visibility; and the required parking is provided with an adequate area for loadil
and unloading children. 11 PC RES0 NO. 4712 -2-
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4. That the street systems serving the proposed use are adequate to properly handle
traffic generated by the proposed use, in that the levels of service of Hidden Val
Road and the key intersections of Plum Tree Road, Palomar Airport Road, a
Camino De Las Ondas would not be reduced to unacceptable levels by the propos
development and that additional roadway improvements are unnecessary.
5. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan and Specific Plan 203 ba!
on the facts set forth in the staff report dated January 19,2000 including, but not limi
to the following:
A. Land Use - the project is consistent with the (RM) Medium Density Resident
General Plan Designation in that the project is a commercial day care cenl
proposed in a safe and convenient location which will serve the surroundi
residential community.
B. Circulation - the levels of service of adjacent roadways directly serving t
project (Hidden Valley Road and its intersections at Plum Tree Roz
Palomar Airport Road, and Camino De Las Ondes) would not be reduced
unacceptable levels by the traffic generated by the proposed day care cent1
No roadway improvements are necessary or required.
C. Noise - sound-attenuation measures will be incorporated into the project
ensure that the interior noise levels do not exceed the City’s 45 dBA CNJ
noise standard.
D. Open Space - the project is designed so that combustible structures are n
located within the 60 foot open space easement from biological habitat.
18 I1 E. Public Safety - the project is conditioned to provide automatic fire sprinkle
throughout the building.
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6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Loc
Facilities Management Plan for Zone 20 and all City public facility policies a:
ordinances. The project includes elements or has been conditioned to construct
provide fimding to ensure that all facilities and improvements regarding: sewer collecti4
and treatment; water; drainage; circulation; fire; schools; parks and other recreatior
facilities; libraries; government administrative facilities; and open space, related to t
project will be installed to serve new development prior to or concurrent with nee
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unific
School District that the project has satisfied its obligation for school facilities.
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B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, a
will be collected prior to issuance of building permit.
28 C. The Public Facility fee is required to be paid by Council Policy No. 17 and will 1
collected prior to the issuance of building permit.
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7. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici]
Code Section 14.28.020 and Landscape Manual Section I B).
8. That this project could have a potentially significant negative cumulative traj
impact on the Palomar Airport Road/El Camino Real intersection. However, t-
project has been conditioned to pay its fair share of the “short-term improvement!
thereby guaranteeing implementation of a mitigation measure that reduces t
potential impact to a level of insignificance.
9. The Planning Commission has reviewed each of the exactions imposed on the DeveloI
contained in this resolution, and hereby finds, in this case, that the exactions are impos
to mitigate impacts caused by or reasonably related to the project, and the extent and 1
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of :
future building permits; deny, revoke or further condition all certificates of occupan.
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. r\
vested rights are gained by Developer or a successor in interest by the City’s approval 4
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all correctio~
and modifications to the Site Development Plan documents, as necessary to make the
internally consistent and in conformity with the final action on the project. Developme
shall occur substantially as shown on the approved Exhibits. Any proposed developme
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and loc
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payme
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proje
are challenged, this approval shall be suspended as provided in Government Code Sectic
66020. If any such condition is determined to be invalid this approval shall be inval
unless the City Council determines that the project without the condition complies wi.
all requirements of law.
5. Developer shall implement, or cause the implementation of the Kindercare Learnin
Center Project Mitigation Monitoring and Reporting Program.
~ PC RES0 NO. 4712 -4-
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and h
harmless the City of Carlsbad, its Council members, officers, employees, agents, :
representatives, from and against any and all liabilities, losses, damages, demands, claj
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from: (a) City’s approval and issuance of this Site Development Pli
Conditional Use Permit and Coastal Development Permit; and, (b) City’s approval
issuance of any permit or action, whether discretionary or non-discretionary,
connection with the use contemplated herein.
7. Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar cc
of the Site Plan reflecting the conditions approved by the final decision making body.
8. Developer shall include, as part of the plans submitted for any permit plan check
reduced legible version of all approving resolutions in a 24” x 36” blueline draw:
format (including any applicable Coastal Commission approvals).
9. Developer shall provide proof to the Director from the School District that this projt
has satisfied its obligation to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are requir
as part of the Zone 20 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
11. This approval is granted subject to the approval of the Mitigated Negative Declaratio
Mitigation Monitoring and Reporting Program, CUP 99-21, and CDP 99-34 and
subject to all conditions contained in Planning Commission Resolutions 471 1, 4713 a]
4714 for those other approvals.
12. Building permits will not be issued for this project unless the local agency providi~
water and sewer services to the project provides written certification to the City th
adequate water service and sewer facilities, respectively, are available to the project at t:
time of the application for the building permit, and that water and sewer capacity a1
facilities will continue to be available until the time of occupancy.
13. Developer shall obtain and maintain in good standing all licenses, permits, 4
approvals required by state law to operate as a Child Day Care Center.
Housing (Non-Residential)
14. Developer is aware that the City is preparing a non-residential housing impact fi
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant
further aware that the City may determine that certain non-residential projects may ha7
to pay a linkage fee, in order to be found consistent with the Housing Element of tl
General Plan. If a linkage fee is established by City Council ordinance andor resolutic
and this project becomes subject to a linkage fee pursuant to said ordinance and/(
resolution, then the Developer, or his/her/their successor(s) in interest shall pay tl
linkage fee. The linkage fee shall be paid at the time of issuance of building permit
except for projects involving a request for a non-residential planned development for i:
existing development, in which case, the fee shall be paid on approval of the final ma]
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parcel map or certificate of compliance, required to process the non-residential PI
whichever pertains. If linkage fees are required for this project, and they are not paid, t
project will not be consistent with the General Plan and approval for this project c
become null and void.
Landscape
15. Developer shall submit and obtain Planning Director approval of a Final Landscape a
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan a
the City’s Landscape Manual. The Developer shall construct and install all landscapi
as shown on the approved Final Plans, and maintain all landscaping in a healthy a
thriving condition, free from weeds, trash, and debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to 1
landscape plan check process on file in the Planning Department and accompanied by t
project’s building, improvement, and grading plans.
Notice
17. Developer shall report, in writing, to the Planning Director within 30 days, any addrc
change from that which is shown on the permit application.
18. Developer shall submit to the City a Notice of Restriction to be filed in the office oft
County Recorder, subject to the satisfaction of the Planning Director, notifying q
interested parties and successors in interest that the City of Carlsbad has issued a Si
Development Plan, Conditional Use Permit, and Coastal Development Permit 1
Resolutions No. 4711,4713 and 4714 on the real property owned by the Developer. Sa
Notice of Restriction shall note the property description, location of the file containil
complete project details and all conditions of approval as well as any conditions
restrictions specified for inclusion in the Notice of Restriction. The Planning Director h
the authority to execute and record an amendment to the notice which modifies
terminates said notice upon a showing of good cause by the Developer or successor
interest.
Onsite Conditions - Specific
19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot hi$
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municip
Code Chapter 21.105. Location of said receptacles shall be approved by the Plannir
Director. Enclosure shall be of similar colors and/or materials to the project to tl
satisfaction of the Planning Director.
20. No outdoor storage of materials shall occur onsite unless required by the Fire Chie
When so required, the Developer shall submit and obtain approval of the Fire Chief an
the Planning Director of an Outdoor Storage Plan, and thereafter comply with tl
approved plan.
21. Developer shall submit and obtain Planning Director approval of an exterior lighting pla
including parking areas. All lighting shall be designed to reflect downward and avo]
I PC RES0 NO. 4712 I -6-
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any impacts on adjacent homes or property. The maximum height of the light po
shall not exceed 30 feet. Lighting (except security lighting) shall be programmed
turn off no later than one hour after closing.
22. Developer shall submit a noise report with the building plans providing evideL
that the interior noise levels of the day care facility have been mitigated to a level
45 dBA CNEL, in accordance with the policies of the City of Carlsbad No
Element and Noise Guidelines Manual.
23. Signs shall be permitted in accordance with the RD-M zone as provided in Chap.
21.41 of the Carlsbad Municipal Code.
8 1) Engineering
9 )I General
10 24. Developer shall comply with the requirements of the City’s anti-graffiti program for w
11 treatments if and when such a program is formerly established by the City.
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25. Prior to hauling dirt or construction materials to or from any proposed construction s
within this project, the developer shall submit to and receive approval from the C.
Engineer for the proposed haul route. The developer shall comply with all conditions a
14 requirements the City Engineer may impose with regards to the hauling operation.
15 FeedAPreements
l6 26. Developer shall pay all current fees and deposits required.
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18 regarding drainage across the adjacent property.
19 28. Prior to approval of any grading or building permits for this project, the owner shall gi.
written consent to the annexation of the area shown within the boundaries of t 20 subdivision plan into the existing City of Carlsbad Street Lighting and Landscapir
21 District No. 1 on a form provided by the City.
27. The owner of the subject property shall execute an agreement holding the City harmle
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29. Prior to work in City right-of-way, the Developer shall obtain an Encroachme]
Permit for the installation of the private storm drain connecting to the public stor
drain inlet on Plum Tree Road. This new storm drain pipe shall be a priva
improvement and shall be maintained in perpetuity by the owner for tb
development.
30. Developer shall pay its fair share for the “short-term improvements” to the El Camill
Real/Palomar Airport Road intersection prior to approval of the final map or the issuanc
of a grading permit, whichever occurs first. The amount shall be determined by tl:
methodology ultimately selected by Council, including but not limited to, an increase :
the city-wide traffic impact fee; an increased or new Zone 20 LFMP fee; the creation of
fee or assessment district; or incorporation into a Mello-Roos taxing district.
PC RES0 NO. 4712 -7-
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Dedications/ImDrovements
3 1. Developer shall comply with the City's requirements of the National Pollutant Discha
Elimination System (NPDES) permit. The developer shall provide best manageml
practices as referenced in the "California Storm Water Best Management Practic
Handbook" to reduce surface pollutants to an acceptable level prior to discharge
sensitive areas. Plans for such improvements shall be approved by the City Engine
Said plans shall include but not be limited to notifying prospective owners and tenants
the following:
A. All owners and tenants shall coordinate efforts to establish or work w
established disposal programs to remove and properly dispose of toxic a
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor c
antifreeze, solvents, paints, paint thinners, wood preservatives, and other su
fluids shall not be discharged into any street, public or private, or into storrn dr;
or storm water conveyance systems. Use and disposal of pesticides, fungicid
herbicides, insecticides, fertilizers and other such chemical treatments shall mc
Federal, State, County and City requirements as prescribed in their respecti
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutar
when planning any changes to the landscaping and surface improvements.
32. The structural section for the access aisles must be designed with a traffic index of 5.0
accordance with City Standards due to truck access through the parking area andor ais1
with an ADT greater than 500. The structural pavement design of the aisle ways shall
submitted together with required R-value soil test information and approved by the Ci
as part of the building site plan review.
Fire
33. Developer shall provide automatic fire sprinkler protection throughout the building.
Water
34. Developer shall place potable water and recycled water services and meters at a locatic
approved by the Deputy City Engineer - Utilities and show said services on pub1
improvements plans.
35. Developer shall place sewer laterals and cleanouts at a location approved by the Depu'
City Engineer - Utilities and show the sewer laterals on public improvement plans.
36. Developer shall design landscape and irrigation plans for use of recycled water an
submit said plans to the Deputy City Engineer - Utilities for review, comment an
approval.
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Standard Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but
limited to the following code requirements:
37. Developer shall pay the citywide Public Facilities Fee imposed by City Council Polj
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Secti
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applical
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All su
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, t'
approval will not be consistent with the General Plan and shall become void.
38. Developer shall pay a landscape plan check and inspection fee as required by Sectj
20.08.050 of the Carlsbad Municipal Code.
39. This approval shall become null and void if building permits are not issued for tl.
project within 24 months from the date of project approval.
40. Approval of this request shall not excuse compliance with all applicable sections oft
Zoning Ordinance and all other applicable City ordinances in effect at time of buildi
permit issuance, except as otherwise specifically provided herein.
41. The project shall comply with the latest non-residential disabled access requiremer
pursuant to Title 24 of the State Building Code.
42. All roof appurtenances, including air conditioners, shall be architecturally integrated a1
concealed from view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction of tl
Directors of Community Development and Planning.
43. Addresses, approved by the Building Official, shall be placed on all new and existil
buildings so as to be plainly visible from the street or access road; color of identificatic
and/or addresses shall contrast to their background color, as required by Carlsbz
Municipal Code Section 18.04.320.
44. Any signs proposed for this development shall at a minimum be designed in conformanc
with the City's Sign Ordinance and shall require review and approval of the Plannir
Director prior to installation of such signs.
45. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordanc
with the Carlsbad Municipal Code and the City Engineer.
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PC RES0 NO. 4712 -9-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timl
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously otherwl
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planni
14 I/ Commission of the City of Carlsbad, California, held on the 19th day of January 2000, by t
15 11 following vote, to wit:
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AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
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~ NOES:
~ ABSENT:
2o I1 ABSTAIN:
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23 WILLIAM COMPAS, Chairpegon
L2Lh4.W-
CARLSBAD PLANNING COMMISSION 24
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26 ATTEST:
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28 MICHAEL J. H?X~MIIL~ER
Planning Director
PC RES0 NO. 4712 -10-