HomeMy WebLinkAbout2000-07-05; Planning Commission; Resolution 4753. *. 1
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PLANNING COMMISSION RESOLUTION NO. 4753
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 99-16 TO CONSTRUCT AN 8,468 SQUARE FOOT CHILDCARE CENTER ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
MELROSE DRIVE AND CARRILLO WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 18.
CASE NAME: KJNDERCARE LEARNING CENTERS,
INC. - RANCH0 CARRILLO
CASE NO.: SDP 99-16
WHEREAS, Kindercare Learning Centers, Inc., “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Continental
Residential Inc., “Owner,” described as
Lots 105 and 106 of Carlsbad Tract No. 93-04, Ranch0 Carrillo
Village “Q” phase 1, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 13551,
filed in the offke of the County Recorder of San Diego County,
March 31,199s.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A’‘-“F” dated June 21, 2000, on file in the Planning Department,
KINDERCARE LEARNING CENTERS, INC. - RANCH0 CARRILLO - SDP 99-16 as
provided by Chapter 21.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of July, 2000, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES KINDERCARE LEARNING CENTERS, INC. -
RANCH0 CARRILLO - SDP 99-16 based on the following findings and
subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City’s General Plan and Ranch0 Carrillo Master Plan based on
the facts set forth in the staff report dated June 21, 2000 including, but not limited to the following:
A. The childcare facility is located in a safe and convenient location in that it is
fenced with a single access point and it is central to the neighborhoods of
Ranch0 Carrillo.
B. Adequate circulation is provided in that all adjacent streets and sidewalks
have been completed.
C. Harmful or undesirable sounds will be attenuated through building
techniques.
D. Storm water will be controlled to protect water quality in that the project is
conditioned to comply with NPDES requirements.
2. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the Ranch0 Carrillo Master Plan mandated a childcare
center to be provided in this location as a community facility. The Carrillo Ranch
Master Plan was adopted as consistent with the goals and policies of the City of
Carlsbad General Plan. The proposed facility has been designed to fit within the
parameters of the site without the need for variances regarding setbacks or height
limits.
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the childcare facility has been designed to provide all of the State of California
required elements for licensing and all of the required building setback and height
limitations, and the joint use of parking per the development standards of the City
of Carlsbad Zoning Ordinance and the Ranch0 Carrillo Master Plan.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained, in that the site is designated in the Ranch0 Carrillo Master
Plan for community services including a childcare center. Community services are
considered to be acceptable uses for the site in part because of its relative isolation
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from existing and future residential development. No features are necessary to
adjust the childcare center use to existing or future uses in the neighborhood.
5. The proposed childcare facility complies with all requirements of Chapter 21.83 of
the Carlsbad Municipal Code in that the applicant is conditioned to obtain all
licenses and permits required by state law; the application complies with the
applicable standards of the zoning ordinance; that indoor and outdoor play areas
required to satisfy state licensing requirements have been shown on the approved
exhibits; the outdoor play area is visible from inside the proposed building; and,
there is a direct source of natural light for the interior of the building.
6. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the estimated number of daily trips to be
generated by the childcare center is 452. Melrose Drive is designed as a Prime
Arterial to accommodate 50,000 or more ADT and Carrillo Way and Flying L.C.
Lane are designed as local collectors to accommodate 10,000 ADT. Current counts
on Melrose Drive are 9,100 and no counts are available for the two local collector
streets. The addition of 452 ADT to any of the adjacent streets will not cause the
road system to fail.
7. The Planning Director has determined:
A.
B.
C.
D.
E.
That the project is subsequent activity of the Ranch0 Carrillo Master Plan
for which an EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the project
approved earlier, and that the prior EIR adequately describes the activity for
the purposes of CEQA); [15168( c)(2).
This project is consistent with the Ranch0 Carrillo Master Plan cited above.
EIR 91-04 was certified in connection with the Ranch0 Carrillo Master Plan.
The project has no new significant environmental effect not analyzed as
significant in the prior EIR
None of the circumstances requiring a Subsequent EIR or a Supplemental
EIR under CEQA Guidelines Sections 15162 or 15163 exist.
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 18 and all City public facility policies and
ordinances. Improvements related to this project regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, have been
provided and no other facilities are required.
9. Given the unique location of the recreation facility and the connectivity of the
recreation facility to sidewalks and trails within the Ranch0 Carrillo Master Plan,
the parking demand for the recreation facility is anticipated to be greatly reduced.
The Planning Commission finds per Section 21.44.030 that a minimal requirement
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10.
of onsite parking be established for the recreation facility at a ratio of one space per
500 square feet of recreation building.
The day care facility peak parking demand is during early morning hours and
evening (night) hours and the recreation facility peak parking demand is afternoon
(day) thereby avoiding substantial conflict in the principal operating hours of either
use; that the applicant is conditioned to enter into a legally binding agreement for
joint use of parking prior to the issuance of a building permit, that all joint use
parking spaces are within 150 feet of either use, and that 10 of the 14 parking spaces
on the recreation facility parcel may be used as “joint” spaces by the childcare
facility since not all of the recreation facility parking spaces are required by
Chapter 21.44.
11. The project complies with the Special Park District requirements of the Ranch0
Carrillo Master Plan in that outdoor use areas are oriented toward the western
valley views; an attractive design presence from Melrose Drive has been created
with a scale appropriate to the site; the site construction follows the grading as
shown in the Master Plan; landscaping compliments the existing Ranch0 Carrillo
plant palette; the initial project landscaping shall include a minimum of three 36’
box trees; the project is designed in the California Mission style; the single story
building does not exceed 18 feet in height; a 50 foot building setback from Melrose
Avenue has been provided; the building is more than 25 feet from Carrillo Way;
and, there is a greater than 30 foot setback from the Ranch0 Carrillo park property
line.
12. 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building
Permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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3.
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The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following: Improvement of an all weather access to the adjacent storm drain.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate’ water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
The applicant shall provide evidence to the Planning Director that a joint use
agreement has been executed by proper legal instrument approved by the City
Attorney between the two property owners.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance andor resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
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resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
A minimum of three 36” box trees shall be planted in the initial landscape
installation.
Prior to occupancy signs shall ‘be installed to the satisfaction of the Planning
Director within the shared recreation facility and daycare parking lot(s) indicating
that between the hours of 07:30 to 09:OO a.m. and 05:OO to 06:OO p.m., Monday
through Friday, parking spaces are reserved for the daycare center.
Eneineerinp:
18. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
19. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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20. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the project and all the
private improvements: streets, sidewalks, street lights, parking lots and storm drain
facilities located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within the project.
Fees/Agreements
21. Developer shall execute and submit to the City Engineer for recordation, the City’s
standard form Geologic Failure Hold Harmless Agreement.
22. Developer shall execute and submit to the City Engineer for recordation the City’s
standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent
property.
Grading
23. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24” x 36” mylar or similar drafting film format suitable for a permanent record.
24. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer.
Dedications/Improvements
25. Developer shall cause Owner of the Ranch0 Carrillo Recreation Lot (ADJ 99-17,
Parcel ‘B’) to execute a 15’ minimum width “Public Emergency Sewer Access
Easement.” The easement shall be granted as shown on the conforming mylar Site
Development Plan (SDP 99-16). All land so offered shall be free and clear of all liens
and encumbrances and without cost to City.
26. The design of the Kindercare driveway structural pavement section shall be
submitted together with required R-value soil test information and approved by the
City as part of the grading plan and building site plan review.
27. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and be subject to the approval of the City Engineer prior to issuance of a grading
permit. Said plans shall include but not be limited to notifying prospective owners and
tenants of the following:
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28. All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste products.
29. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be
discharged into any street, public or private, or into storm drain or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides,
fertilizers and other such chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
30. Best Management Practices shall be used to eliminate or reduce surface pollutants when
planning any changes to the landscaping and surface improvements.
31. The proposed drainage swales, as shown on the site development plan, shall be
vegetated and have a minimum width of 6 ft. Additionally, the curbing along the
swale shall have 3’ minimum width curb cuts proportionally spaced so that surface
runoff from the drive aisle can flow through the vegetated swale. This shall be
shown on the final proiect landscape plans.
Water:
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The entire potable water, recycled water, and sewer system shall be evaluated in detail to
ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction
of the District Engineer.
Prior to issuance of a building permit or prior to approval of new improvement plans or
construction changes to existing improvement plans, which ever occurs first,
Developer shall meet with the Fire Marshal to determine if fire protection measures (tire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains and shall be shown within a 20’ minimum width public water
easement, to the satisfaction of the District Engineer.
Developer shall be pay all fees, deposits, and charges for connection to public facilities.
Developer shall pay the San Dieno Countv Water Authoritv canacitv charge prior to
meter installation.
Developer shall install potable water and recycled water services and meters at a location
approved by the City Engineer. The locations of said services shall be reflected on public
improvement plans. The Developer may make a construction change to
Improvement DWG 381-9, in lieu of preparing new improvement plans, to extend
the existing 8” PVC on-site water main, as shown on the conforming mylar
Kindercare Sight Development Plan (SDP 99-16).
Developer shall install a sewer lateral and clean-out at a location approved by the City
Engineer. The location of said sewer lateral shall be reflected on public improvement
plans. The Developer may make a construction change to Improvement DWG 350-
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6, in lieu of preparing new improvement plans, to show the proposed sewer lateral,
as shown on the conforming mylar Kindercare Sight Development Plan (SDP 99-
16).
37. Developer shall design and construct the 8” PVC on-site public water main within a
minimum 20 ft. wide public easement granted to the City of Carlsbad. At the discretion
of the City Engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes. The Developer may make a construction change to
Improvement DWG 381-9, in lieu of preparing new improvement plans, to show the
extension of the 8” PVC on-site public water main, as shown on the conforming
mylar Kindercare Sight Development Plan (SDP 99-16).
38. Developer shall design irrigation plans utilizing recycled water as a source for
landscaping outside of the children’s play area. Said plans shall be submitted to the
satisfaction of the Deputy City Engineer - Design.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of July, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chair&-son
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmZMII%ER
Planning Director
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