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HomeMy WebLinkAbout2000-07-05; Planning Commission; Resolution 4753. *. 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 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: 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 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 PC RESO NO. 4753 -2- . . 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 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 PC RESO NO. 4753 -3- -. 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 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. PC PESO NO. 4753 -4- 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 3. 4. 5. 6. 7. 8. 9. 10. 11. 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 PC PESO NO. 4753 -5- 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 12. 13. 14. 15. 16. 17. 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. PC PESO NO. 4753 -6- 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 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: PC RESO NO. 4753 -7- 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 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: 32. 33. 34. 35. 36. 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- PC RESO NO. 4753 -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 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: 39. 40. 41. 42. 43. 44. 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. PC RESO NO. 4753 -9- . . 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 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 II PC RESO NO. 4753 -lO- I