HomeMy WebLinkAboutPRE 2022-0007; R&M LEARNING ACADEMY; Admin Decision LetterApril 7, 2022
Riga Qadir & Maliha Edrisavi
3347 Caminito Gandara
La Jolla, CA 92037
SUBJECT: PRE 2022-0007 (DEV 2022-0029) -R&M LEARNING ACADEMY
APN: 212-120-56-00
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Thank you for submitting a preliminary review to convert a vacant restaurant to a child daycare center
for 81-100 children, ages infant to 5 years old, at 5806 Van Allen Way, Suite 105.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your
submittal. This review is based upon the plans, policies, and standards in effect as of the date of this
review. Please be aware that at the time of a formal application submittal, new plans, policies, and
standards may be in effect and additional issues of concern may be raised through a more specific and
detailed review.
Planning:
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Planned Industrial (Pl)
b. Zoning: Heavy Commercial-Limited Industrial Zone (C-M)
C. Specific Plan: Carlsbad Research Center (SP 1801), Planning Area 2A
2. The project requires the following permits:
a. Minor Conditional Use Permit (CUP). The Minor CUP is an administrative-level decision,
subject to approval by the City Planner.
b. Sign Permit
c. Building permit
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PRE 2022-0007 -R&M LEARNING ACADEMY
April 7, 2022
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3. Plans. Please provide a fully dimensional site plan drawn to scale.
a. Show: North arrow, property lines, easements, existing and proposed structures, streets,
existing street improvements, right-of-way width, dimensional setbacks and existing
topographical lines (including all side and rear yard slopes). Provide legal description of
property and assessor's parcel number.
b. Provide floor plans and elevations drawn to scale.
4. Climate Action Plan (CAP). New requirements related to the city's goals to reduce greenhouse
gas (GHG) emissions will likely impact development requirements of this project. A formal
application submittal will need to include a. completed CAP Checklist (Form P-30) to determine
what requirements will apply to the project. New GHG reduction requirements are related to
energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand
management requirements, as set forth in the California Green Building Standards Code and in
CMC Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following
address:
http:ljwww.gcode.us/codes/carlsbad/view.php?topic=18&frames=on
To the extent that new GHG reduction requirements are in effect at the time of application for
grading or building permits, the project will be required to comply with the effective
requirements even if different than what is proposed in the project's planning approvals. GHG
reduction requirements may impact, but are not limited to, site design and local building code
requirements. If incorporating new GHG reduction requirements results in substantial
modifications to the project after planning approvals are obtained, then prior to issuance of
grading or building permits, the applicant may be required to submit and receive approval of a
Consistency Determination or an Amendment application for the project through the Planning
Division.
5. Development Standards. Pursuant to CMC section 21.83.080, the child daycare center shall
comply with the following standards:
a. Child daycare centers shall have a direct source of natural light which shall be located so
as to maximize the ability for children to see out of windows.
b. An adequate on-site loading/unloading area shall be provided which can be easily
accessed from the child daycare center without crossing any driveways or streets. This
area may be counted towards the required parking. As this building shares parking with
a very busy commercial center during the lunch hour, please provide details as to how
this use will operate and how children will be safely dropped off/picked up. A detailed
operational plan shall be included with the project submittal.
c. Clearly designated pedestrian walkways shall be provided. The project site currently
meets this requirement.
d. The city may impose additional conditions regarding safety and access deemed
necessary or desirable by the city engineer, or community and economic development
director.
PRE 2022-0007 -R&M LEARNING ACADEMY
April 7, 2022
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6.
7.
8.
License Requirement. Obtain all licenses and permits required by state law for operation of the
facility. All state licenses or permits must be valid and current while the use is conducted. Please
visit the following link for state license and permit requirements and information:
https://cdss.ca.gov/inforesources/child-care-licensing
Outdoor Activity Space.
a. Pursuant to section 101238(2) of the California Code of Regulations, outdoor activity
space shall be provided at childcare centers at a ratio of 75 square feet per child based
on the total licensed capacity. If an occupancy of 100 children is proposed, 7,500 square
feet of outdoor activity space must be provided. The outdoor. activity space shall provide
a shaded rest area for the children and must be situated to allow children to reach .the
space safely. Please provide an outdoor activity space that meets these requirements on
the plot plan and indicate the square footage.
b. The outdoor activity space shall be enclosed by a fence. Pursuant to section 101238(E)
of the California Code of Regulations and CMC section 21.38.0S0C, the fence must be a
minimum of 5' tall to ensure the nearby fountain is inaccessible. Please show and label
the fence on the plot plan and indicate the height of the fence. Please ensure the fence
or wall utilizes materials and/or colors which complement the design of the
building/center. Further, pending the results of a noise analysis, please be advised a wall
may be required instead of a fence. Please see Comment No. 13 below for additional
information.
c. Pursuant to CMC section 21.38.080C, the outdoor play area shall be adjacent to the
center and accessible through the center itself. The outdoor area shall be located outside
of all required setbacks and located and designed to reduce noise impacts on adjacent
properties. The setbacks are as followed: 30' from the property line adjacent to Faraday
Avenue, 30' from the property line adjacent to Van Allen Way, 30' from the property line
adjacent to College Boulevard, 10' from the property line opposite of Faraday Avenue.
d. Pursuant to CMC section 21.38.080D, the outdoor play space shall be located in an area
that is viewable from the interior of the childcare structure.
Indoor Activity Space. Pursuant to section 101238.3 of the California Code of Regulations, there
shall be a minimum of 35 square feet of indoor activity space per child. Please provide a
calculation for the indoor activity space that meets the following requirements:
a. The indoor activity space shall not include bathrooms, halls, offices, isolation areas,
places where food is prepared, and storage areas.
b. The indoor activity space shall not include floor space occupied by shelves, permanent
built-in cabinets and areas used for children's personal
c. The indoor activity space shall include the floor area under tables, desk, chairs and other
equipment intended for use as part of children's activities.
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9. Health and Safety Risks.
a. Pursuant to Carlsbad Municipal Code section 21.83.060, please conduct an evaluation of
health and safety risks associated with the proposed child daycare center. Please include
a survey of all businesses within one thousand feet of the proposed child daycare center
to determine the nature and quantity of hazardous materials in use nearby.
b. If the conditional use permit is granted, thereafter, the provider shall conduct similar
annual evaluations and disclose results to the fire chief and city planner. The evaluations
must demonstrate to the satisfaction of the fire chief and city planner that the
occurrence of the following within one thousand feet of the childcare center presents
no significant health or safety risks to the occupants:
i. Use or storage of acutely hazardous materials in amounts above the threshold
planning quantities (TPQs);
ii. Use or storage of more than ten thousand gallons of flammable liquids; or
iii. Use or storage of more than one thousand five hundred pounds of flammable
compressed gas.
c. Prior to enrollment of the child in the child daycare center, the childcare provider shall,
in writing, inform the child's parents 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 TPQs) 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.
d. Prior to occupancy, the 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 child daycare center which ensure the following:
i. That children can. be evacuated from the building within five minutes and
relocated to a predetermined refuge area(s) within ten minutes of emergency
notification; and
ii. Quarterly exercise of the plan.
e. The applicant shall enter into an agreement with the city to discontinue operation of the
child daycare center immediately upon the discovery of the existence of hazardous
materials as described in Section 21.83.0G0A.1.a when such materials are found by the
fire chief and city planner to present a health and safety risk to children attending the
child daycare 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 daycare
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 daycare center. The fire
chief or city planner are authorized to enter into the agreement on behalf of the city.
PRE 2022-0007 -R&M LEARNING ACADEMY
April 7, 2022
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10. Parking.
a. Off-street parking shall be provided at a ratio of 1 space per employee and 1 space per
10 children.
b. Please provide a parking calculation for this use and all other uses on the plans. Vacant
suites shall be calculated at a rate of 1 space per 200 square feet of gross floor area.
c. Please provide a count of existing off-street parking spaces. On street parking shall not
be included in the parking count.
d. If there are less off-street parking spaces than required per the parking calculation,
provide a parking study prepared by a traffic engineer or parking engineer to justify that
enough spaces exist to meet the needs of the center with the proposed daycare use.
11. Other Requirements.
a. Pursuant to Carlsbad Municipal Code section 21.83.060A(6), public notices shall be given
to all property owners and occupants within a 1,000-foot radius. When preparing your
public notice packet for the application submittal, please ensure that it includes all
property owners and occupants within a 1,000-foot radius.
b. Pursuant to Carlsbad Municipal Code section 21.83.050A(5), the applicant shall submit a
conversion plan at the time of application which demonstrates to the satisfaction of the
city planner and the fire chief that the child daycare center could be converted to a use
permitted within the zone if the conditional use as a child day care center is
discontinued.
12. Title Report. Please provide a title report for the project site. The title report must be dated
within the last 6 months.
13. Noise Analysis. The subject building is located within the 65-70 and 70+ Community Noise
Equivalent Level (CNEL) existing and future transit noise contours. With the project submittal,
please submit a noise analysis prepared by a registered acoustician demonstrating compliance
with the city's Noise Guidelines Manual. The city's Noise Guidelines Manual is available on the
city's website at the following address:
https:ljwww .ca rlsbadca .gov /ho me/showpu blisheddocu ment/238/637 42597 4092370000
14. McClellan Palomar Airport Land Use and Compatibility Plan (ALUCP). Pursuant to Exhibit 111-2 of
the ALUCP, the subject property is located within Safety Zone 6, Traffic Pattern Zo.ne. Pursuant
to Table 111-2, daycare centers for more than 14 children are permitted in Safety Zone 6, without
any restrictions. The ALUCP is available on the city's website at the following address:
https://www .ca rlsbadca .gov /ho me/ showpublisheddocument/226/637 4466177 57230000
PRE 2022-0007 -R&M LEARNING ACADEMY
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All necessary application forms, submittal requirements, and fee information are available at the
Planning counter located in the Faraday Building at 1635 Faraday Avenue or on line at
www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance
online at the website address shown; select Department Listing; select Planning Home Page. Please
review all information carefully before submitting.
Land Development Engineering comments:
1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the City
in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire can be printed from the
following website link:
2.
3.
4.
https://www .ca rlsbadca .gov /home/showpublisheddocu ment/604/637 42604 70182 70000
If all work is limited to interior work, then the project is likely not considered a development
project and not subject to storm water requirements. If work is proposed outdoors (i.e. creating
a patio play area) and less than 5,000 square feet of new impervious area or replaced impervious
area is proposed, then the project is likely a Standard Project subject to Trash Capture
Requirements and subject to submitting a Trash Capture SWQMP for review and approval. This
Trash Capture SWQMP would include installing site design and source control BMPs to treat the
disturbed area as required per Chapter 4 of the Carlsbad BMP Design Manual as well as adding
trash capture BMPs to the entire site. The link to the application and template forms are at:
https://www.carlsbadca.gov/home/showpublisheddocument/7588/637812265766870000 and
https://www.carlsbadca.gov/home/showpublisheddocument/7586/637812253879030000
Tabulate the traffic generated from the proposed use per SANDAG (Not so) Brief Guide of
Vehicular Traffic Generation Rates. Apply credit for previous restaurant use to determine net
increase in ADT. This information will be used to determine if a Traffic impact Analysis (TIA) is
required and if so which Tier level.
Once CEQA review is completed and the CEQA exemption section, if applicable, is determined,
the project will be evaluated for any VMT analysis requirements.
Calculate the gross employee ADT using the generation rates from Table 2-2 of the TDM
Handbook at:
https://www.carlsbadca.gov/home/showpublisheddocument/310/637425981338370000.
If applicable, submit a TDM plan with your application for discretionary permits.
PRE 2022-0007 -R&M LEARNING ACADEMY
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Fire:
1. Architectural plans shall be submitted to Fire change of occupancy use to an I Occupancy for
daycare. This building has not been evaluated against the Building Code requirements for this
change of use.
2. Fire alarm will need to be installed in the building.
3. Applicant will need to apply for licensing through state and an 850 fire clearance shall be
requested through the state licensing agency to Carlsbad Fire Department.
Building:
1. This project will need to meet the requirements in the Building Code for an "E" occupancy.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Lauren Yzaguirre at the number below. You may also contact each department individually as
follows:
• Planning Division: Lauren Yzaguirre, Associate Planner, at (442) 339-2634
• Land Development Engineering: David Rick, Project Engineer, at (442) 339-2781
• Fire Department: Randy Metz, Fire Marshal, at (442) 339-2661
• Building Division: Jason Pasiut, Building Official, at (442) 339-2788
DON NEU, AICP
City Planner
DN:LY:cf
c: David Rick, Project Engineer
Randy Metz, Fire Prevention
Jason Pasiut, Building Division
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