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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 {"Cityof Carlsbad E]FILE COPY IY/a,/trj If /((/2 2 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 Page 2 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 Page 3 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. PRE 2022-0007 -R&M LEARNING ACADEMY April 7, 2022 Page 4 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 Page 5 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 April 7, 2022 Page 6 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 April 7, 2022 Page 7 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 File Copy/Data Entry/Laserfiche