HomeMy WebLinkAbout1985-01-09; Planning Commission; Resolution 2398. 3," , h" IC *
I. /I PLANNING COMMISSION RESOLUTION NO. 2398
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PI
PERMIT A 91 UNIT PROFESSIONAL CARE FACILITY ON PROP1
GENERALLY LOCATED ON THE WEST SIDE OF 1-5 BETWEEN Li
DRIVE AND KNOWLES AVENUE,
APPLICANT: VILLAS DE CARLSBAD
CASE NO.: CUP-255
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Planning of Carlsbad and referred to the Planning Commission 7
WHEREAS, a verified application has been filed with
WHEREAS, said verified application constitutes a re(
9 provided by Title 21 of the Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipa
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duly noticed public hearing to consider said application on l2
the Planning Commission did, on the 9th day of January, 1985
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All of the West Half of the Southwest Quarter of th
Northeast Quarter of the Northwest Quarter and that
of the East Half of the Southeast Quarter of the No Quarter of the Northwest Quarter of Section 6, Town
South, Range 4 West, San Bernardino Base and Meridi
the City of Carlsbad, County of San Diego, State of
California, according to the Official Plat thereof,
Westerly and Southwesterly of the Southwesterly lin
land described in Deed to the State of California,
June 12, 1970 as File No, 101788 of Official Record
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pers
desiring to be heard, said Commission considered all factors
relating to CUP-255.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public heal
Planning Commission APPROVES CUP-255, based on the foll
findings and subject to the following conditions:
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Findings:
1) That the requested use is necessary or desirable for the
development of the community, is essentially in harmony
the various elements and objectives of the general plan,
is not detrimental to existing uses or to uses specific? permitted in the zone in which the proposed use is to bc located, since:
a) There is a need for affordable rental housing for sc
citizens in close proximity to downtown Carlsbad
b) Provision of affordable rental housing for senior cj is consistent with the goals of the Housing Element General Plan c) The project is consistent with the City's General P:
since the proposed density of 19.65 du's/acre is wil density range of 10-20 du's/acre specified for this indicated on the land use element of the general pl; ensures compatibility with existing or future permit uses in the zone. If converted to an apartment pro:
the development would justify the overall density b: substantial recreation and open space amenities in f
of those traditionally provided by a standard apart1 project.
2) That the site for the intended use is adequate in size i
shape to accomodate the use, since all of the buildings parking, open space and other amenities can be provided
site without reduction of the required setbacks.
3) That all of the yards, setbacks, walls, fences, landscal and other features necessary to adjust the requested us1 existing or permitted future uses in the neighborhood w: provided and maintained, since all of the setbacks woulc
provided and landscaped
4) That the street system serving the proposed use is adeql
properly handle all traffic generated by the proposed u! since the project would generate relatively little traf:
the developer would widen and improve Knowles Avenue an(
Laguna Drive at the project frontage.
5) This project will not cause any significant environment; impacts and a Negative Declaration has been issued by tl Use Planning Manager on September 26, 1984 and approve( the Planning Commission on January 9, 1985. 11 ////
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PC RES0 NO, 2398 -2-
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Conditions:
1) Approval is granted for CUP-255, as shown on Exhibit "A
January 9, 1985, Exhibit "B", dated November 20, 1984 a
Exhibits "C" - "I", dated June 26, 1984, incorporated k
reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless c noted in these conditions.
2) This project is approved upon the express condition tha
building permits will not be issued for development of
subject property unless the City Engineer determines th
facilities are available at the time of application for sewer permits and will continue to be available until t occupancy.
3) This project is approved upon the express condition tha
applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit
City Clerk and incorporated herein by reference, and ac
to the agreement executed by the applicant for payment
fee, a copy of that agreement, dated June 26, 1984, is
with the City Clerk and incorporated herein by referenc
said fee is not paid as promised, this application will
consistent with the General Plan and approval for this
shall be void.
4) Approval of this request shall not excuse compliance wi
sections of the Zoning Ordinance and all other applicab
ordinances in effect at time of building permit issuanc
5) Water shall be provided to this project pursuant to the
Service agreement between the City of Carlsbad and the
Real Water District, dated May 25, 1983.
6) The applicant shall prepare a reproducible mylar of the
site plan incorporating the conditions contained herein
site plan shall be Submitted to and approved by the Lanl Planning Manaqer prior to the issuance of building perm
7) The applicant shall prepare a detailed landscape and ir
plan which shall be submitted to and approved by the La
Planning Manager prior to the issuance of building perm
8) All parking lot trees shall be a minimum of 15 gallons
~ 9) All landscaped areas shall be maintained in a healthy a
I thriving condition, free from weeds, trash, and debris.
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PC RES0 NO. 2398 -3-
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installation of such signs. 3
conformance with the City's Sign Ordinance and shall re' 10) Any signs proposed for this development shall be design
review and approval of the Land Use Planning Manager pr
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11) Trash receptacle areas shall be enclosed by a six-foot 1
masonry wall with gates pursuant to City standards. Loc
of said receptacles shall be approved by the Land Use P:
Manager.
12) All roof appurtenances, including air conditioners, sha.
architecturally integrated and concealed from view and
sound buffered from adjacent properties and streets, pu~
to Building Department Policy No. 80-6, to the satisfacl
the Land Use Planning Manager and Building and Planning
Director.
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15)
Prior to issuance of a building permit, the Building D~I
shall review the architectural plans to ensure complianc
the State of California interior noise standard of 45 Q
that time, any additional measures (thicker glazing, so1
absorption material, or shielding of vents) to further
attenuate the noise to acceptable level shall be require
This conditional use permit shall be reviewed by the Lar
Planning Manager on a yearly basis to determine if all
conditions of this permit have been met and that the use
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the
Use Planning Manager determines that the use has such significant adverse impacts or there is not substantial
compliance, the manager shall recommend that the Plannin
Commission, after providing the permittee the opportunit
heard, add additional conditions to mitigate the signifi
adverse impacts. This permit may be revoked after a puk
hearing, if it is found that the use has a significant
detrimental affect on surrounding land uses and the pub1
health and welfare, or the conditions imposed herein hat;
been met.
This conditional use permit granted by the City shall be
utilized within 18 months after the effective date there
Failure to utilize this conditional use permit within an
month period will automatically void the same.
24 16) The developer shall construct a solid masonry wall along
project. The precise location and design of said walls 25 westerly and easterly property lines prior to occupancy
be approved by the Land Use Planning Manager prior to is 26 of building permits.
27 17) A precise recreation plan and sidewalk plan shall be app
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permits.
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Prior to the issuance of any building permits the applic
the City shall enter into an agreement for operation of
project as a professional care facility. Said agreemen.
include provisions for the possible conversion to apart;
and installation of additional parking in accord with E.
"A", dated January 9, 1985. Said agreement shall be
transferable with the property should it be sold.
The applicant shall submit an annual report to the Land
Planning Manager. Said report shall address ages of
occupants, number of persons within the project, and
professional services provided.
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20) All on site parking spaces shall be available to the tel of the project at no fee.
21) This conditional use permit shall be recorded in the of 10 the County Recorder.
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22) If this project is converted to a residential use the
applicant shall be required to obtain a letter from the
Carlsbad School District indicating that the appropriate
school fees have been paid.
23) Should this project be converted to a residential use tl developer shall be responsible for any other applicable effect at that time which have not been previously paid4
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~ Engineering Conditions: I
24) The developer shall obtain a grading permit prior to tht 17 commencement of any clearing or grading of the site.
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25) The grading for this project is defined as "controlled 5
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a cj engineer whose responsibility it shall be to coordinate
inspection and testing to insure compliance of the work
the approved grading plan, submit required reports to tk
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
26) No grading shall occur outside the limits of the project a letter of permission is obtained from the owners of tl. affected properties.
27) A separate grading plan shall be submitted and approved
separate grading permit issued for the borrow or disposa
if located within the city limits.
28) All slopes within this project shall be no steeper than
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29) Prior to hauling dirt or construction materials to any ; construction site within this project the developer sha: submit to and receive approval from the City Engineer fc proposed haul route. The developer shall comply with a
conditions and requirements the City Engineer may impos'
regards to the hauling operation.
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31)
The developer shall exercise special care during the
construction phase of this project to prevent any off-s
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detel
basins of type, size and location as approved by the Cil
Engineer. The basins and erosion control measures shal:
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer pr:
the start of any other grading operations. Prior to thc
removal of any basins or facilities so constructed the I
served shall be protected by additional drainage facili.
slope erosion control measures and other methods requirc approved by the City Engineer. The developer shall mail
the temporary basins and erosion control measures for a
of time satisfactory to the City Engineer and shall gua:
their maintenance and satisfactory performance through I
deposit and bonding in amounts and types suitable to thc Engineer.
Additional drainage easements and drainage structures sl provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City I
neer.
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32) The developer shall make an offer of dedication to the (
all public streets and easements required by these cond: or shown on the Site Development Plan. The offer shall
prior to issuance of a building permit. All land so ofj
shall be granted to the City free and clear of all lienr
encumbrances and without cost to the City. Streets thal
already public are not required to be rededicated.
33) Improvements listed in this section shall be installed (
agreed to be installed by secured agreement by the deve:
before the issuance of any building permit. The develol
shall obtain approval of the plans from the City Enginet pay all associated fees and performance guarantees prior issuance of any building permit. The developer shall ir
said improvements to the satisfaction of the City Engine
prior to issuance of a Certificate of Occupancy or OCCUE
any portion of the project for any purpose. The improve are:
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a) Laguna Drive from Davis Avenue to its terminus at
Interstate 5 constructed to collector street standa~
it5 northerly side plus an adjoining 12 foot wide 1;
immediately south of its centerline. Except for po:
of the street fronting this project, no additional ~ right-of-way dedication will be required from this project .
b) Knowles Avenue from its easterly intersection with I
Avenue to its terminus at Interstate 5 constructed 1
street standards on its southerly side plus an adjoj
foot wide lane immediately north of its centerline t
that sidewalks and street lights may be deleted fron
portions of the street not fronting this project. I
for portions of the street fronting this project, nc
additional street right-of-way dedication will be rc
from this project. c) Standard cul-de-sacs at the termini of Knowles Avenl Laguna Drive. The cul-de-sacs shall be constructed
Standards to the maximum dimensions that the availal right-of-way allow
d) Storm drain and drain inlets intercepting the storm
flow from the existing 24 inch diameter storm drain
at the easterly terminus of Laguna Drive and carryir!
storm water to the existing curb inlet at the north\
corner of Davis Avenue and Laguna Drive. Storm drai
from this property shall enter the public storm drai
curb inlet structure. Site grading shall be such as
maximize the site area served by th.is storm drain.
If all of the following requirements are met this su may be omitted: i) Flooding or street overflow during the 100-year
will not cause serious damage.
ii) The travelled lanes of the street will not be
inundated in the 10-year storm.
iii) When using six-inch curb, the water level is no within two inches of the top of the curb for th
year storm.
iv) When using six-inch curb, the water level is no
higher than the top of the curb for the 50-year
storm.
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v) The water velocity is not to exceed 11 feet per second. vi) The overland travel of storm water from the mos
remote source to the southwesterly corner of th
project does not exceed 1000 feet. vii) The Developer provides a satisfactory method of
introducing storm water from the existing 24-int
diameter storm drain pipes at the easterly term
Laguna Street onto Laguna Street.
e) Street lights on the public street frontage of the
project.
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34)
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Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of ' project plan.
The developer shall comply with all the rules, regulatil
design requirements of the respective sewer and water a1
regarding services to the project. The developer shall
construct a water main across the subject property, bet
Laguna Drive and Knowles Avenue. These improvements sh
installed or agreed to be installed by secured agreemen
the developer before the issuance of any building permil
developer shall obtain approval of the plans from the C:
Engineer and pay all associated fees and performance
guarantees prior to issuance of any building permit. TI
developer shall install said improvements to the satisfi
of the water district and City Engineer prior to issuanc
Certificate of Occupancy or occupancy of any portion of
project for any purpose.
11 36) The applicant shall install sidewalks to city standards
north side of Laguna between the westerly project bound;
12 the east side of Davis Street.
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A signal light or other device shall be installed by thc
developer prior to occupancy at the intersection of Jef: Street and Laguna Drive if recommended by the Traffic Circulation Committee. This item shall be reviewed by .I Traffic Safety Committee prior to the issuance of build]
permits.
All private driveways shall be kept clear of parked vehi
a11 times, and shall have posted "NO Parking/Fire Lane 1
Zone" pursuant to Section 17.04.040, Carlsbad Municipal
All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet be signed and sealed, except that bound documents may bt
and sealed on their first page. Additionally the first
of each set of plans shall have the following certificai
22 I1 "DECLARATION OF RESPONSIBLE CKARGE"
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I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over t design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a only and does not relieve me, as Engineer of Work, of ml
responsibilities for project design.
(Name, Address and Telephone of Engineering firm) PC RES0 NO. 2398 -8-
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Firm:
Address :
City, St.:
Telephone:
BY
6 (Name of Engineer)
Date :
711 R.C.E. NO. #
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The developer shall provide the City with a reproduciblc
copy of the site plan as approved by the Planning Commi: The site plan shall reflect the conditions of approval 1
City. The plan copy shall be submitted to the City Engj
prior to improvement plan submittal.
In the event of a future utilization of the buildings fc
other than a senior housing complex, applicant shall bez full cost of installing a traffic signal at the intersec
of Jefferson and Laguna or at Jefferson and Las Flores,
Laguna and State as directed by the City Engineer.
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43) Additional public and/or on site fire hydrants shall be 1'7
Department. 16
42) Prior to the issuance of building permits, complete buil 15
Fire Conditions :
plans shall be submitted to and approved by the Fire
provided if deemed necessary by the Fire Marshal.
44) All required fire hydrants, water mains and appurtenance 19 be operational prior to combustible building materials 1 I located on the project site. 20 ~
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45) Proposed security gate systems shall be provided with "P
key operated override switch, as specified by the Fire I:
partment.
46) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for a$ prior to construction.
47) Building exceeding 10,000 sq.ft. aggregate floor area s'r
sprinklered or have four-hour fire walls with no openins
therein which shall split the building into 10,000 sq.ft
less) areas.
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PASSED, APPROVED AND ADOPTED at a regular meeting 01
Planning Commission of the City of Carlsbad, California, helc
9th day of January, 1985, by the following vote, to wit:
AYES : Chairman Farrow, Commissioners Schlehuber,
Marcus, McFadden and Smith.
6 NOES : None.
7 ABSENT: Commissioners L'Heureux and Rombotis.
8 ABSTAIN: None.
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VERNO J. p RROW, JF/, a:
CARLS e+-+% D PL NING COMMIS J I(
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LKND USE PLANNING MANAGER
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