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HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 4713+ 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 PLANNING COMMISSION RESOLUTION NO. 4713 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DAY CARE FACILITY 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: KINDERCARE LEARNING CENTER CASE NO.: CUP 99-21 WHEREAS, Kindercare Learning Centers, Inc., “Developer”, has filed verified application with the City of Carlsbad regarding property owned by Sambi Seas] Heights, LLC, “Owner”, described as 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 Conditional ‘L Permit as shown on Exhibits “A” - “F” dated January 19, 2000, on file in the Carlsb Planning Department, KINDERCARE LEARNING CENTER - CUP 99-21, as provided 1 Chapter 21.83 and 21 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of January 20C 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 CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir I Commission of the City of Carlsbad as follows: 0 0 1 I1 A) That the foregoing recitations are true and correct. 2 3 B) That based on the evidence presented at the public hearing, the Commissi APPROVES KINDERCARE LEARNING CENTER - CUP 99-21, based 4 ll the following findings and subject to the following conditions: 5 II Findinps: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the requested use is necessary or desirable for the development of the community essentially in harmony with the various elements and objectives of the General Plan, a is not detrimental to existing uses specifically perrnitted in the zone in which t proposed use is located, in that the establishment of day care centers are encourag in safe and convenient locations throughout the community to accommodate t growing demand for childcare in the community caused by demographic, econom and social forces. 2. That the site for the intended use is adequate in size and shape to accommodate the use, that the single story structure is located outside of the 60 foot open space buffer fra habitat, and all necessary landscaped setbacks, play areas, circulation aisles a1 parking areas are provided. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary adjust 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 spa1 buffer, and all requirements of the Child Care Ordinance, Chapter 21.83 of tl Carlsbad Municipal Code are provided in that the project is conditioned to provic 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 tl 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. 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 Val1 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 proposl development and that additional roadway improvements are unnecessary. 5. That the day care center is to be developed on a site reserved for a communi facility as part of the Sambi Seaside Heights subdivision (CT 92-02). 6. That the Zone 20 Specific Plan SP 203 requires approval of a conditional use perm for day care facilities per the requirements of the Carlsbad Municipal Cod Chapter 21.83. 11 PC RES0 NO. 4713 -2- I 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 Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declarati Mitigation Monitoring and Reporting Program, SDP 99-14, and CDP 99-34 an( subject to all conditions contained in Planning Commission Resolutions 4711, 4712 a 4714 for those other approvals. 2. This Conditional Use Permit shall be reviewed by the Planning Director on a yea basis to determine if all conditions of this permit have been met and that the I does not have a substantial negative effect on surrounding properties or the puk health and welfare. If the Planning Director determines that the use has su substantial negative effects, the Planning Director shall recommend that 1 Planning Commission, after providing the permittee the opportunity to be hea add additional conditions to reduce or eliminate the substantial negative effects. 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 f processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time 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 fees/exactions of which you have previously been giv a NOTICE similar to this, or as to which the statute of limitations has previously otherwi, expired. ... ... ... ... ... ... PC RES0 NO. 4713 -3- e 8 ? 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 19th day of January 2000 by 1 following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L'Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: "L WILLIAM COMPAS, Chairpersgn CARLSBAD PLANNING COMMISSION ATTEST: t Planning Director 11 PC RES0 NO. 4713 -4-