HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48631
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PLANNING COMMISSION RESOLUTION NO. 4863
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO OPERATE A CHILD DAY
CARE FACILITY ON PROPERTY LOCATED AT 6451 EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: ONTOGEN CORPORATION CHILD CARE
FACILITY
CASE NO.: CUP 00-09
WHEREAS, Sam Zien, “Developer,” has tiled a verified application with the
City of Carlsbad regarding property owned by Wells Fargo Bank, N.A. as trustee of the
Harold F. Hutton Trost, “Owner,” described as
Lot 3 of Carlsbad Tract No. 79-01, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 9389, tiled in the Office of the County Recorder of
San Diego County, September 26,1979
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “C” dated November 15, 2000, on tile in the Carlsbad
Planning Department, ONTOGEN CORPORATION CHILD CARE FACILITY - CUP OO-
09, as provided by Chapter 21.42 and 21.83 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of November, 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 CUP
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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 Commission
APPROVES ONTOGEN CORPORATION CHILD CARE FACILITY -
CUP 00-09, based on the following findings and subject to the following
conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed use is: a) necessary and desirable for the
development of the community in that affordable, quality, licensed child care is
critical to the well-being of children and parents as well as the economic vitality of
the city; h) consistent with the General Plan in that the Industrial land use
designation does not preclude the provision of child day care facilities; and c) not
detrimental to permitted uses in the industrial zone in that the use is integrated into
the existing industrial building and requires no significant changes to the site design
or function and is conditioned such that the use will cease if it is shown that there is
a potential hazard.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the existing building setbacks, availability of parking, and circulation are
adequate to accommodate the proposed child day care facility including the
required outdoor play area.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted Mure uses in the neighborhood will be
provided and maintained, in that the project complies with all the development
standards for child day care centers (Section 21.83.080); the project is conditioned
to provide an annual evaluation of health and safety risks associated with the
proposed child day care facility; the project is required to prepare an emergency
operating plan in the event of an emergency; the applicant shall enter into an
agreement with the City to discontinue operation upon the discovery of the existence
of hazardous materials; the outdoor play area is surrounded by a five-foot minimum
height wall/fence.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will not generate as much traffic as a
similar sized industrial use and the existing driveways provide adequate on-site
circulation.
5. The Planning Commission of the City of Carlsbad does hereby find:
A. It has reviewed, analyzed and considered the Negative Declaration and the
environmental impacts therein identified for this project and any comments
thereon prior to APPROVING the project; and
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6.
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B. The Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
C. It reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
D. Based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the project is outside the flight
activity zone. The project is compatible with the projected noise levels of the CLUP;
and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use
is compatible with the airport, in that the project site is located outside the 60 cnel.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and herehy 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.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; tire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
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3.
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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
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations 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 Conditional Use Permit, (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 City 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.
The Developer shall provide proof to the Director from the School District that this
project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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.
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 and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
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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.
12.
A. This Conditional Use Permit shall be reviewed by the Planning Director on a
yearly basis to determine if all conditions of this permit have been met and that
the use does not have a substantial negative effect on surrounding properties or
the public health and welfare. If the Planning Director determines that the use has
such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to reduce or eliminate the substantial negative effects.
B. This Conditional Use Permit is granted for a period of 5 years. This permit may
be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public’s health and
welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed 5 years upon written
application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there
are no substantial negative effects on surrounding land uses or the public’s health
and welfare. If a substantial negative effect on surrounding land uses or the
public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no
limit to the number of extensions the Planning Commission may grant.
13. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
14. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolutions No. 4863 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
tile containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
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taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
The applicant shall conduct an annual evaluation of the health and safety risks
associated with the proposed child day care center and disclose results to the Fire
Chief and Planning Director. The evaluation shall include a survey of all businesses
within one thousand feet of the proposed child day care center to determine the
nature and quantity of hazardous materials in use nearby. The evaluations must
demonstrate to the satisfaction of the Fire Chief and Planning Director that the
occurrence of the following within one thousand feet of the child care center
presents no significant health or safety risks to the occupants:
(1) Use or storage of acutely hazardous materials in amounts above the
threshold planning quantities;
(2) Use or storage of more than ten thousand gallons of flammable liquids; or
(3) Use or storage of more than one thousand live hundred pounds of flammable
compressed gas.
Prior to the enrollment of the child into the childcare facility, the provider shall, in
writing, inform the child’s parent(s) that their child(ren) may be subject to health
and safety risks due to the presence, use and discharge of hazardous materials
(including acutely hazardous materials above the threshold planning quantities) in
the area. Parents shall also be informed that the provider may be required to retain
custody of their children for extended time periods during an emergency.
Prior to occupancy, the care provider shall prepare and obtain approval by the fire
chief of an emergency operating plan which prescribes procedures to be followed
during the existence of the childcare facility to ensure the following:
(1) That children can be evacuated within five minutes and relocated to a
predetermined refuge area(s) within ten minutes of emergency notification;
(2) Quarterly exercise of the plan.
The applicant shall to enter into an agreement with the city to discontinue operation
of the child day care center immediately upon the discovery of the existence of
hazardous materials as described in Condition No. 35 of this resolution when such
materials are found by the Fire Chief and Planning Director to present a health and
safety risk to children attending the child day care center. The applicant shall have
ninety days to mitigate, to the satisfaction of the Fire Chief, the impacts created by
the use of said hazardous materials. If impacts are not mitigated within ninety days,
the conditional use permit for the child day care center shall become null and void.
The applicant shall agree to indemnify and hold the city and its officers, employees,
and agents free and harmless from any claims, actions, damages, costs, or expenses
arising from exposure of children to hazardous substances as a result of the
presence of the former in or near the child day care ceuter. The Fire Chief or
Planning Director is authorized to enter into the agreement on behalf of the city.
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20. 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.
Code Reminders
21. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
22. 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.
23. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
24. 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.
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of November 2000, by the
following vote, to wit:
AYES: Chairperson Compaq Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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