HomeMy WebLinkAbout2012-06-06; Planning Commission; Resolution 6887
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 12-03 TO DEVELOP A 4.9 ACRE
PARCEL WITH A 15,412 SQUARE FOOT CHILD DAYCARE
CENTER ON PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF RANCHO SANTA FE ROAD AND NORTH OF
SAN ELIJO ROAD IN LA COSTA OAKS NEIGHBORHOOD 3.2
OF THE VILLAGES OF LA COSTA MASTER PLAN IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA OAKS NORTH 3.2 DAYCARE
CASE NO.: SDP 12-03
WHEREAS, Carlsbad Preschool LP, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel 2 of Parcel Map No. 20359, of the Villages of La Costa –
La Costa Oaks North in the City of Carlsbad, County of San
Diego, State of California, Neighborhood 3.2 filed in the Office
of the County Recorder of San Diego County, September 20,
2007 as Document No. 2007-0617254,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A – “N” dated June 6, 2012, on file in the Planning Division, SDP
12-03 – LA COSTA OAKS NORTH 3.2 DAYCARE as provided by Chapter 21.06 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 6, 2012 , 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:
PLANNING COMMISSION RESOLUTION NO. 6887
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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 Planning
Commission APPROVES SDP 12-03 – LA COSTA OAKS NORTH 3.2
DAYCARE based on the following findings and subject to the following
conditions:
Findings:
1. 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 General Plan encourages the establishment of child
daycare centers in safe and convenient locations throughout the community to
accommodate the growing demand for child care in the community caused by
demographic, economic, and social forces. The subject site was reserved as a
community facility site as part of the Villages of La Costa Master Plan. The Villages
of La Costa Master Plan was found to comply with all applicable General Plan
Goals, Objectives and Policies including Land Use. This project is in conformance
with the Master Plan and is therefore also in compliance with the General Plan. The
use will not be detrimental to the existing RV storage area in that a steep slope and
fencing will separate the two uses, the private drive is adequately designed to meet
the traffic demands of both uses, and the required fuel modification zone on the
north end of the site will be maintained.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 4.9 acre project site is adequate in size to accommodate the 15,412 square
foot (sf.) daycare center. The single-story structure and playground area are
located outside of the 60-foot fuel modification zone, and all necessary setbacks, play
areas, landscaping, circulation, and parking areas will be provided. The project can
accommodate up to 316 children and 30 employees, and will provide 62 parking
spaces as required.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project has been designed in accordance with all
development standards of the C-F Zone and those required for La Costa Oaks
Neighborhood 3.2 of the Villages of La Costa Master Plan. All amenities required
by the Child Care Ordinance, Chapter 21.83 of the Carlsbad Municipal Code, are
provided, in that a large fenced in outdoor play area is provided and is located
adjacent to the structure with all play areas visible and accessible from inside the
facility; the fences surrounding the outdoor play areas are a minimum five feet in
height; the child daycare center is designed with multiple windows to allow
maximum opportunities for natural lighting and visibility; parking is provided at a
ratio of one space per employee and one space per ten children for a total of 62
parking stalls (30 employees and 316 children); parking spaces for loading and
unloading children are located near the entrance of the building and are easily
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accessible, and the project is conditioned to provide proof of licensing prior to
occupancy.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Program EIR 98-07 prepared for the Villages of
La Costa Master Plan analyzed the traffic generated by the community facilities site
based on a 300 ADT/acre traffic generation rate. This results in an estimated 1,470
ADT for a 4.9 acre community facility site. The proposed 15,412 sf. child daycare
center would generate 1,233 ADT. Therefore, the street system serving the
proposed daycare use is adequate to properly handle all traffic generated by this
project.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and the Villages of La Costa
Master Plan based on the facts set forth in the staff report dated November 19, 2008
including, but not limited to the following:
a. Land Use – The proposed child daycare center is consistent with the Community
Facilities (CF) General Plan Land Use designation in that the purpose and intent
of the CF designation is to allow facilities for child daycare centers, places of
worship, senior citizens, and charities.
b. Open Space and Conservation – The child daycare facility is consistent with the
adopted Habitat Conservation Plan for the Villages of La Costa Master Plan in
that the development proposal will not impact areas designated for habitat
preservation.
c. Circulation – The surrounding roadways are adequate in capacity to handle the
traffic generated by the proposed use. All frontage improvements to Rancho
Santa Fe Road and San Elijo Road have been constructed by the Villages of La
Costa – La Costa Oaks North Master Tentative Tract Map (CT 99-04-03). The
project is conditioned to make all necessary improvements to the common
private access drive into the site.
d. Noise – Based upon the modeled results in the Acoustical Site Assessment for La
Costa Oaks North 3.2 Childcare Facility, Investigative Science and Engineering,
Inc., dated April 2, 2008, the project would not be exposed to noise levels
exceeding the City’s 60 dBA CNEL exterior noise standard or exceeding the
City’s 45 dBA CNEL interior noise standard.
e. Public Safety – Each daycare classroom exits directly onto the playground area
as well as to the interior of the building. Pedestrian access gates are provided on
the northeast and northwest sides of the building. All necessary water mains,
fire hydrants, and appurtenances will be installed prior to occupancy of any
building. The building is fully sprinklered and the project is located outside of
the required fuel modification zones.
6. The City Planner has determined that:
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a. The project is a subsequent activity of the Villages of La Costa Master Plan
(MP 98-01) for which a program EIR was prepared, and a notice for the activity has
been given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the activity
for the purposes of CEQA [15168(c)(2) and (e)].
b. This project is consistent with the Master Plan cited above.
c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with
the prior plan.
d. The project has no new significant environmental effect not analyzed as significant in
the prior EIR.
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist.
f. All feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 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; fire; 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.
Specifically,
a. The project has been conditioned to provide proof from the San Marcos School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
9. 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 approval of a
building or grading permit, whichever occurs first.
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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; record a notice of violation on the
property title; 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
5. Developer shall implement, or cause implementation of, the Villages of La Costa
Master Plan Program EIR 98-07 Project Mitigation Monitoring and Reporting
Program.
6. 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
nondiscretionary, 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
7. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
(Tentative Map/Site Plan or other) reflecting the conditions approved by the final
decision-making body.
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8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the City
Planner from the San Marcos School District that this project has satisfied its obligation
to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
11. This approval is granted subject to City Planner approval of DC 12-01 and is subject to
all conditions contained in that approval incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
13. 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.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. 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.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
16. 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 #1 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 11, pursuant to Chapter 21.90. All such
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.
17. 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.
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18. Prior to the issuance of the grading or building permit, Developer shall submit to the
City a Notice of Restriction executed by the owner of the real property to be developed.
Said notice is to be filed in the office of the County Recorder, subject to the satisfaction
of the City Planner, notifying all interested parties and successors in interest that the City
of Carlsbad has issued a Site Development Plan by Resolution No. 6887 on the property.
Said Notice of Restriction shall note the property description, location of the file
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 City
Planner 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.
19. 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 City Planner.
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the City Planner.
20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
21. Developer shall submit and obtain City Planner approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
22. Developer shall construct, install, and stripe not less than 62 parking spaces, as shown on
Exhibit C.
23. The Developer shall obtain and maintain in good standing all licenses, permits, and/or
approvals required by state law to operate as a Child Day Care Center, and shall file proof
of same with the City Planner prior to issuance of the Certificate of Occupancy and,
thereafter filing proof of any extensions or modifications to the permit.
24. Shade structures shall be provided over the two proposed play equipment areas as
shown on the site plan. The design and color of the shade structure shall be subject
to the review and approval of the City Planner.
25. Shade trees shall be located behind the retaining wall on the south and west sides of
the project. Trees shall be installed in 24” box sizes at an average of 20’ on center.
The type and location shall be subject to approval by the City Planner.
26. Landscape elements over 30” in height (including planting measured at maturity)
shall not be allowed at driveways as measured 25’ from the edge of the apron
outward along the curb then 45-degrees in toward the property. Sight lines shall be
shown and labeled on the construction drawings. Appropriate size trees are allowed
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within this zone with the canopies held to an 8’ minimum height so as not to
obstruct sight lines.
27. Shrubs located between Private Drive A and the parking lot shall be revised to a
shrub that can be maintained at a minimum 3’ height.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building or
grading permit whichever occurs first.
General
28. 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.
29. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
30. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this project, including but not limited to private driveway,
curb, gutter and sidewalk located therein and to distribute the costs of such maintenance
in an equitable manner among the owners of the benefitting properties.
31. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
32. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
33. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
34. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
. . .
. . .
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Grading
35. 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 prepare and submit
plans and technical studies/reports for city engineer review, post security and pay all
applicable grading plan review and permit fees per the city’s latest fee schedule.
36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
37. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
38. Prior to the issuance of grading permit or building permit, whichever occurs first,
developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
39. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to treatment control BMP selection criteria and
hydromodification requirements in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge.
Developer shall pay all applicable SWMP plan review and inspection fees per the city’s
latest fee schedule.
40. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
41. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
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Dedications/Improvements
42. Developer shall design all proposed public improvements including but not limited to
(recycled water services and meters) as shown on the site plan. These improvements
shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall apply for and obtain a right-of-way permit prior to performing work in
the city right-of-way.
Utilities:
43. Developer shall meet with the fire marshal to determine if fire protection measures (fire
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 to the satisfaction of the district engineer.
44. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
45. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
46. Developer shall install recycled water services and meters at locations approved by the
district engineer. The locations of said services shall be reflected on public improvement
or grading plans.
47. The developer shall meet with and obtain approval from the Vallecitos Water District
regarding water and sewer infrastructure available or required to serve this project.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
48. Developer shall pay traffic impact based on Section 18.42 of the City of Carlsbad
Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained
in the staff report and shown on the site plan are for planning purposes only.
. . .
. . .