HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 4713+
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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
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Commission of the City of Carlsbad as follows:
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1 I1 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 Commissi
APPROVES KINDERCARE LEARNING CENTER - CUP 99-21, based
4 ll the following findings and subject to the following conditions:
5 II Findinps:
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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-
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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.
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PC RES0 NO. 4713 -3-
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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-