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HomeMy WebLinkAbout1992-03-04; Planning Commission; Resolution 3361r I/ 0 0 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNrmG COMMISSION RESOLUTION NO. 3361 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE CONSTRUCTION OF A SKILLED NURSING FACILITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF INTERSTATE 5 BETWEEN LAGUNA DRIVE AND KNOWLES AVENUE. CASE NAME: LAS VILLAS DE CARLSBAD CASE NO: CUP 255(A) WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 4th day of March, 1992, hold a duly noticed public hearing to consider said application on property described as: All of the West Half of the' Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, according to the Official Plat thereof, lying westerly and southwesterly of the southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File No. 101 788 of Official Records. 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 CUP 255(A). 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. ll /I e e B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 255(A), based on the following findings and subject to the following conditions: 1 2 3 FiIldiIlgS: 4 5 6 7 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located since it pmvida assisted living care for elderly residents of carlsbad and the facility will be located within the existing development; 8 2. That the site for the intended use is adequate in size and shape to accommodate the use because all proposed improvements fit onsite without removal of ~TIJ 9 existing amenities; 10 3. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the within the confines of the existing, adjusted development and all applicable development standards are being met; 11 neighborhood will be provided and maintained as the proposed development is 12 13 4. That the street system serving the proposed use is adequate to properly handle all 14 traffic generated by the proposed use since Laguna Drive and Knowles Avenue can 15 /I adequately accommodate the 102 additional ddy trips- 16 1. Approval is granted for CUP 255(A), as shown on Exhibits "A" - "E", dated 17 Conditions: March 4, 1992, incorporated by reference and on file in the Planning Department. 18 19 Development shall occur substantially as shown unless otherwise noted in these the City Engineer prior to the beginning of construction. the site plan as approved by the Planning Commission. The site plan shall reflect 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of 20 conditions. 21 the conditions of approval by the City. The site plan copy shall be submitted to 22 23 3. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer 24 determines that sewer facilities are available at the time of application for such sewer pennits and will continue to be available until time of occupancy. 25 26 4. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987, and as 27 amended from time to time prior to construction, and any development fees 28 PC RES0 NO. 3361 -2- ll a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider‘s agreement to pay the public facilities fee dated April 2, 1991, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. 5. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 6. This conditional use permit is granted for a period of ten (10) years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public’s health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. may be revoked at any time after a public hearing, if it is found that the use has 7. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate: pursuant to City standards. Location of said receptacles shall be approved by thc Planning Director, Enclosure shall be of similar colors and/or materials to tht project to the satisfaction of the Planning Director. 8. All roof appurtenances, including air conditioners, shall be architectural11 integrated and concealed from view and the sound buffered from adjacen properties and streets, in substance as provided in Building Department Polic! No. 80-6, to the satisfaction of the Directors of Planning and Building. 9. An exterior lighting plan including parking areas shall be submitted for Planninl Director approval. All lighting shall be designed to reflect downward and avoic any impacts on adjacent homes or property. PC RES0 NO. 3361 -3- I/ 0 0 10. The applicant shall prepare a detailed landscape and irrigation plan whkh shdl E submitted to and approved by the Planning Director prior to the besinning t construction. 1 2 4 12. All landscaped areas shall be maintained in a healthy and thriving condition, frc 3 11. All parking lot trees shall be a minimum of 15 gallons in size. from weeds, trash, and debris. 5 13. All landscape plans shall be prepared to conform with the Landscape Manual an submitted per the landscape plan check procedures on file in the Plannin 6 14. Landscape plans shall be designed to minimize water use. Lawn and other zon 7 Department. 8 1 plants (see Landscape Manual) shall be limited to areas of special visui importance or high use. Mulches shall be used and ;rrlgat;on equipment an 9 design shall promote water conservation. 10 11 15. The developer shall avoid trees that have invasive root systems, produce excessiv 12 l5 17. All herbicides shall be applied by applicators licensed by the State of California. 14 installed as shown on the approved landscape plans. 13 18. The applicant shall pay a landscape plan check and inspection fee as required b: 16 Section 20.08.050 of the Carlsbad Municipal Code. litter and/or are too large relative to the lot size. 16. Prior to final occupancy, a letter from a California licensed landscape architec shall be submitted to the Planning Director certifying that all landscaping has bee: 17 19, The first set of landscape and irrigation plans submitted shall include buildin! plans, improvement plans and grading plans. 18 19 I 20. All landscape and irrigation plans shall show existing and proposed contours an( shall match the grading plans in terms of scale and location of improvements. 20 21. Mounding shall be used in parking lot landscaping or preliminary plans shal 21 explain why mounding is not possible to the satisfaction of the Planning Director 22 22. All parking lot trees shall be canopy trees. 23 24 parking stalls. 25 24. The applicant shall install screening trees and planting along the eastern boundaq 23. Trees shall be dispersed throughout the parking lot at a ratio of 1 tree per thret 26 of the project, adjacent to Interstate 5, as needed to saan build,& views from tbc freeway. This tree planting shall be reneCted on the detailed landscape anc 27 irrigation plans and is subject to approval by the Planning Director. 28 PC RES0 NO. 3361 -4- I/ 0 0 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 25. 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 Planning Director prior to installation of such signs. 26. The applicant is required to comply with the State of California interior noise standard of 45 CNEL. If it is found that this standard is not met, additional measures (thicker glazing, sound absorption materials, or shielding of vents) required to further attenuate the noise to an acceptable level must be installed to the satisfaction of the Planning Director. 27. The applicant shall submit an annual report to the Planning Director- Said report shall address ages of occupants, number of persons within the project, and professional and recreational services provided. 28. AU onsite parking shall be available to the tenants of the project at no fee. 29. This conditional use permit amendment shall be recorded in the Office of the County Recorder. Ennineering: - 30. Unless a standards variance has been issued, no variance form City Standards is authorized by virtue of approval of this site plan. 31. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project, 32. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 33. Prior to hauling construction materials to or from the proposed construction site the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 34. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06. 35. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the beginning of construction as may be required by the City Engineer. 36. The structural section for the new portion of the driveway must be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking lot and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together witk PC RES0 NO. 3361 -5- /I e 0 1 2 3 4 required R-value soil test information and approved prior to the beginning of construction. Fire Conditions: 37. Additional onsite public hydrants are required. All required fire hydrants, wata mains and appurtenances shall be operational prior to combustible builh materials being located on the project site. 5 6 38. Applicant shall submit a site plan to the Fire Department for approval, whick depicts location of required, proposed and existing hydrants. 39. All private driveways shall be kept clear of parked vehicles at all times, and shal: 7 have posted "No Parking/Fire Lane" pursuant to Section 17.04.020, Carlsbac 8 g 40. Buildings having an aggregate floor area exceeding 10,000 square feet shall bt Municipal Code. protected by an automatic sprinkler system. 10 11 41. An all-weather access road shall serve the project during construction. 12 42. Monument sign shall be installed at the entrance to driveway/private strep indicating addresses of buildings on the site. 13 (( carlsbad Municipal Water District Conditions: 14 15 16 44. The developer's engineer shall schedule a meeting first with the City Fire Marsha 17 non-potable, and fire flow demands are met. and then with the District Engineer to review the preliminary water system layou 18 prior to preparation of the water system improvement plans. 19 43. The entire potable and non-potable water systems for subject project shall bt evaluated in detail to ensure that adequate capacity and pressure for domestic 45. The developer will be responsible for all fees and deposits plus the major facilit 20 improvement plans. The developer shall pay a San Diego County Water Authorit charge which will be collected prior to signature of the approved water systen capacity charge which will be collected at issuance of application for mete 21 22 I/ installation. 23 46. This project is approved upon the express condition that building permits will no be issued for development of the subject property unless the water district servin; 24 the development determines that adequate water and service is available at th time of application for water service and will continue to be available until tim 25 of occupancy. 26 27 28 PC RES0 NO. 3361 -6- II 1s ' II e e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. The proposed location of the 34 bed facility is on top of the district's existing water system lmp. The develaper shall he required to pracess plam and right-of- way documents and relocate as necessary. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of March, 1992, by the following vote, to wit: AYES: Chairman Erwin, Commissioners: Schlehuber, Schranun, Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. %Tzu; ATTEST: TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION % MICHAEL J. H~LZMIL%R PLANNING DIRECTOR PC RES0 NO. 3361 -7-