HomeMy WebLinkAbout2012-10-03; Planning Commission; Resolution 6910
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 12-02 TO ALLOW A CHILD
DAYCARE CENTER ON PROPERTY GENERALLY LOCATED
ON THE SOUTHWEST CORNER OF COLLEGE BOULEVARD
AND RED BLUFF PLACE IN VILLAGE Y OF THE CALAVERA
HILLS MASTER PLAN AND IN LOCAL FACILITIES
MANAGEMENT ZONE 7.
CASE NAME: DHIMAN GODDARD SCHOOL
CASE NO.: SDP 12-02
WHEREAS, Sanjeev Dhiman, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Sanjeev Dhiman, “Owner,” described as
Parcel 1 of Parcel Map No. 19252, in the City of Carlsbad,
County of San Diego, State of California, Filed in the office of
the County Recorder of San Diego County, June 5, 2003 as File No. 2003-0665946 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” – “K” dated October 3, 2012, on file in the Planning Division,
SDP 12-02 - DHIMAN GODDARD SCHOOL as provided by Section 21.06 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on October 3, 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:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 6910
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SDP 12-02 – DHIMAN GODDARD SCHOOL
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 caused
by demographic, economic, and social forces. The subject site was reserved as a
community facility site as part of the Calavera Hills Master Plan and was
anticipated as a child daycare center. The Calavera Hills Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies including
Land Use. The project is in conformance with the Master Plan and is therefore also
in compliance with the General Plan.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the Calavera Hills Master Plan requires that a one acre minimum site be
provided for a community facility within Village Y of the master plan. The 1.05 acre
site is adequate in size to accommodate a 8,570 square foot child care facility; all
necessary setbacks, play areas, landscaping, circulation and parking areas will be
provided. The project meets all necessary development standards and can accommodate up to 132 children and 19 employees and will provide 35 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 Village Y of the
Calavera Hills 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 separating the outdoor play areas from the parking lot and College Boulevard are constructed of
wrought iron and concrete block and are a minimum six feet in height; the child
care facility is designed with multiple windows to allow natural light in; parking is
provided at a ratio of one space per employee and one space per ten children for a
total of 35 spaces (2 surplus spaces provided); and parking spaces for loading and
unloading children are located near the entrance of the building and the parking lot is easy accessible from Red Bluff Place. The project is conditioned to provide proof
of licensing prior to occupancy.
4. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the project ADT for the child care facility (660
ADT) is being calculated with a trip rate of 5 trips/child. The street system serving
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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 Calavera Hills Master
Plan based on the facts set forth in the staff report dated October 3, 2012 including, but
not limited to the following:
a. Land Use – The proposed child daycare center is consistent with the (CF)
Community Facilities General Plan Designation in that the purpose and intent of
the CF General Plan Land Use designation is to allow facilities for child daycare
centers, places of worship, senior citizens, and charities.
b. Open Space and Conservation – Open space preserve areas are identified in the
Master Plan. These areas are not located on the project site and are not
proposed for development.
c. Circulation – College Boulevard and Red Bluff Place are adequate in capacity to
handle the traffic generated by the proposed use. All frontage improvements to
College Boulevard and Red Bluff Place have been previously constructed.
d. Noise – Based upon the modeled results in the Acoustical Site Assessment for the
site, Investigative Science and Engineering, Inc., dated April 18, 2012, 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 child daycare classroom exits directly into the playground
area or the interior hallways. There is an existing fire hydrant at the westerly
corner of the site.
6. The City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
Guidelines as an infill development project. In making this determination, the City
Planner has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 7 and all city public facility policies and ordinances.
The projects 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;
governments 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 Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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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 issuance of
grading or building permits, whichever occurs first.
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/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
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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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
7. 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).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 7 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval is granted subject to City Planner approval of DC 12-02 and is subject to
all conditions contained in that approval incorporated herein by reference.
11. 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.
12. 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.
13. 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 7, 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.
14. Prior to the issuance of grading permits, 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. 6910 on the property. Said
Notice of Restriction shall note the property description, location of the file containing
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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.
15. 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 and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
16. 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.
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.
18. 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.
19. 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.
20. Developer shall construct, install, and stripe not less than 35 parking spaces, as shown on
Exhibit “A”.
21. 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.
22. 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.
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Engineering:
General
23. 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.
24. 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.
25. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan and conceptual grading plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed
and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
Fees/Agreements
26. 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.
27. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
28. 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.
29. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the site plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
30. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall process grading
plans via the building permit process. Technical studies/reports may be required subject
to the city engineer’s review. Developer shall pay all applicable grading plan check and
permit fees per the city’s latest fee schedule.
. . .
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31. 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.
32. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
33. 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 new treatment control BMP selection criteria 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.
34. Developer acknowledges upcoming hydromodification (runoff reduction) requirements
may impact how this project treats and/or retains storm runoff. Hydromodification
involves detailed site design and analysis to reduce the amount of post-development run-
off by mimicking the natural hydrologic function of the site, preserving natural open-
spaces and natural drainage channels, minimizing use of new impervious surfaces, and
promoting onsite infiltration and evaporation of run-off. During final design, developer
shall demonstrate compliance with storm water requirements to the satisfaction of the city
engineer.
35. 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.
36. 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
37. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
38. Developer shall design all proposed public improvements including but not limited to
sewer laterals, driveways, fire sprinkler service and reclaimed water service and meter 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 pay plan check and inspection fees using improvement valuations in
accordance with the city’s current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
39. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
Utilities
40. 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.
41. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
42. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
43. Developer shall install potable water services and meters at locations approved by the
district engineer. The locations of said services shall be reflected on public improvement
plans.
44. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
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45. The developer shall design and construct public water and sewer facilities substantially as
shown on the site plan to the satisfaction of the district engineer and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
46. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
47. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 7 as required by Carlsbad Municipal Code Section 21.90.050.
48. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
49. 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.
50. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
52. 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 City Planner
prior to installation of such signs.
53. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 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.
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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 fmal 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 October 3, 2012, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schumacher, Commissioner Arnold, L'Heureux,
Nygaard, Scully and Siekmann
Commissioner Black
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
(l?L
DONNED
City Planner
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