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HomeMy WebLinkAboutDC 07-01; Brilliant Kids Montessori; Day Care (DC) (5)City of Carlsbad Planning Department July 30, 2007 Amy Ma 6441 Topmast Drive Carlsbad, CA 92011 SUBJECT: DC 07-01 - BRILLIANT KIDS DAY CARE The City has completed a review of the application for a Child Daycare Permit for development of a large family daycare home located at 6441 Topmast Drive in the City of Carlsbad, CA. It is the Planning Director's determination that the project is consistent with the City's Child Daycare regulations (Chapter 21.83) and with all other applicable City ordinances and policies. The Planning Director, therefore, approves this request based on the following: Findings: 1. That the Planning Director has determined that the project qualifies as an action that has been determined by the state Legislature pursuant to Section 15274 Family Day Care Homes to be statutorily exempt from CEQA. 2. All licenses and permits required by state law for operation of a child daycare facility will be obtained by the operator of the daycare facility and kept valid and current. 3. The facility is subject to and consistent with the zoning standards and regulations specified by the R-1 Single-Family Residential Zone (Chapter 21.10) and all other applicable sections of the Carlsbad Municipal Code, including 21.83 for Large Family Daycare. 4. The facility is subject to and consistent with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Title 24 of the California Code of Regulations as amended from time to time. 5. The facility is subject to and is not located closer than one thousand two hundred lineal feet from any other large family day care home on the same street. 6. An outdoor play area - which satisfies the requirements of the state, community care licensing division - is provided in the rear yard and enclosed by a natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height. 7. All outdoor play areas are adequately separated from vehicular circulation and parking areas by a strong wood fence. 8. Required garages are prohibited for use as a family day care home and shall be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us DC 07-01 - BRILLIANT KIDTDAYCARE July 30, 2007 Paqe2 9. The applicant has designated the onsite driveway as the official drop-off and pick-up area for children. 10. The applicant has maintained and required employees to park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home. 11. The Planning Director 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: 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 Day Care Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Day Care Permit 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. 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 Day Care Permit, (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. DC 07-01 - BRILLIANT KlhgDAYCARE July 30, 2007 Page 3 5. Approval is granted for DC 07-01, Brilliant Kids Daycare, as shown on Exhibit "A" dated July 30, 2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 6. The Developer shall obtain and maintain in good standing all licenses, permits, and/or approvals required by state law to operate as a Large Family Day Care Facility, and shall file proof of same with the Planning Director prior to issuance of the Certificate of Occupancy and, thereafter filing proof of any extensions or modifications to the permit. 7. In accordance with Section 21.83.080(F) of the Carlsbad Municipal Code, the total number of employees and children occupying this facility shall not exceed a demand for 3 parking spaces. The parking standard for a child day care center is 1 space/employee and 1 space/ten students. 8. Applicants who reside on rented or leased property shall provide proof of written notice to the landlord or owner of the property that they intend to operate a family day care home on the rented or leased premises in accord with Section 1597.40 of the California Health and Safety Code. 9. Applicant shall designate the onsite driveway as the official drop-off and pick-up area for children and shall notify parents of this requirement. Said driveway shall remain free and clear of parked cars. 10. The facility shall comply with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Title 24 of the California Code of Regulations as amended from time to time. 11. The applicant shall maintain and require employees to park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home. 12. The provider shall ensure that outdoor play times do not begin until after nine a.m. and end before five p.m. The provider shall stagger the number of children playing outdoors at any one time to reduce noise impacts on surrounding residences. July 30, 2007 Paqe 4 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $440.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Garcia at (760) 602-4622. CITY OF CARLSBAD DON NEU Planning Director DN:aw Data Entry"