HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 47141
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PLANNING COMMISSION RESOLUTION NO. 4714
A RESOLUTION OF THE PLANNlNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
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: KINDERCARELEARNINGCENTER
CASE NO.: CDP 99-34
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
COASTAL DEVELOPMENT PERMIT CDP 99-34 TO ALLOW
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 Coasl
Development Permit as shown on Exhibits “A” - “F” dated January 19, 2000, on file in tl
Planning Department, KINDERCARE LEARNING CENTER - CDP 99-34 as provided 1
Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January 200
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 testimo1
and arguments, if any, of all persons desiring to be heard, said Commission considered all facto]
relating to the CDP.
~
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissj
APPROVES KINDERCARE LEARNING CENTER - CDP 99-34 based
the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 Segment of t
Certified Local Coastal Program (LCP) and all applicable policies in that the site
designated as a community facility site and is consistent with the LCP Land I,
Plan and only noncombustible structures are located within the 60 foot open spa
buffer from the biological habitat located within the adjacent Coastal De
Restricted Open Space.
2. The proposal is in conformity with the public access and recreation policies of Chapter
of the Coastal Act in that the project is located outside of the coastal shorelil
development overlay zone. Therefore, compliance with the public access ar
recreation policies of Chapter 3 of the Coastal Act is not required.
3. The project is consistent with the provisions of the Coastal Resource Protectic
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project w
adhere to the City’s Master Drainage and Storm Water Quality Management P1:
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slop
or native vegetation is located on the subject property and the site is not located
an area prone to landslides, or susceptible to accelerated erosion, floods (
liquefaction.
4. The project is located in the Coastal Agriculture Overlay Zone, according to Map X 1
the Land Use Plan, certified September 1990 and, Agricultural Conversion Mitigatic
Fees have been paid for the subject property in association with the approval of C
92-02, in accordance with the provisions of the Coastal Agriculture Overlay Zor
(Chapter 21.202 of the Zoning Ordinance).
5. The project is not located between the sea and the first public road parallel to the sea anc
therefore, is not subject to the provisions of the Coastal Shoreline Development Overla
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
1. The applicant shall apply for and be issued building permits for this project within tu
(2) years of approval or this coastal development permit will expire unless extended pl
Section 2 1.201.2 10 of the Carlsbad Municipal Code.
2. This approval is granted subject to the approval of the Mitigated Negative DeclaratioI
Mitigation Monitoring and Reporting Program, SDP 99-14, and CUP 99-21 and 1
subject to all conditions contained in Planning Commission Resolutions 4711,4712, an
4713 for those other approvals.
3. If a grading permit is required, all grading activities shall be completed by October Is
Grading activities shall be limited to the “dry season”, April 1st to October 1st of eac
PC RES0 NO. 4714 -2-
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year. Grading activities may be extended to November 15th upon written approval of
City Engineer and only if all erosion control measures are in place by October 1 st.
3 II NOTICE
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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 Sectj
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 timc
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 feedexactic
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 othenvj
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
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following vote, to wit: 17
Commission of the City of Carlsbad, California, held on the 19th day of January 2000, by t
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AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
20 NOES:
21 ABSENT:
22 ABSTAIN:
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24 WILLIAM COMPAS, Chairper&
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ATTEST: 26
CARLSBAD PLANNING COMMISSION
MICHAEL J. HOBMILMR
Planning Director
PC RES0 NO. 4714 -3-