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HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 40341,:: ?_ I 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 a 0 PLANNING COMMISSION RESOLUTION NO. 4034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN 84,000 SQUARE FOOT PROFESSIONAL CARE FACILITY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL AND NORTH OF CARLSBAD VILLAGE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 2. CASE NAME: BRIGHTON GARDENS CASE NO.: CUP 96-1 9 WHEREAS, Marriott Senior Living Services, Inc., “Developer”, has fi verified application with the City of Carlsbad regarding property owned by HSP El Ca North, Inc., “Owner”, described as Parcels 2 and 4 of Parcel Map No. 13206, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 14, 1984 as FileRage No. 84-092419 of Official Records; and Parcel 3 of Parcel Map No. 13206, filed in the office of the County Recorder of San Diego County, California, together with a portion of lot 5 in Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof, all being in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitute:s a request for a Conditiona Permit as shown on Exhibits “A”-“C” and “H”-“S” dated February 5, 1997, on file i~ Carlsbad Planning Department, Conditional Use Permit CUP 96-19, as provided by Ch 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of February : hold a duly noticed public hearing as prescribed by law to consider said request; and ... ... F 0 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 WHEREAS, at said public hearing, upon hearing and considering all tes-ti and arguments, if any, of all persons desiring to be heard, said Commission considered all fi relating to CUP 96-19. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commi APPROVES Conditional Use Permit, CUP 96-19, based on the folk findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein for Condil Use Permit CUP 96-19, is in conformance with the Elements of the City's Ge Plan, based on the following: a. Land Use - The use is permitted in the Residential MediumK designation with the approval of a Site Development Plan. In additio facility will provide needed senior facilities i:n an area, North County, has an increasing senior population. Provision of this type of facili desirable as just one of several types of housing facilities necessal accommodate a diverse population. b. Circulation - The project is consistent with thle City's General Plan sinc anticipated ADT of 480 will not adversely affect El Camino Real wit1 inclusion of a deceleration lane for southbound traffic which will prc reasonable transition onto the site. In addition, the project has designed to comply with the El Camino Real Corridor Develop Standards which protects El Camino Real as ;a scenic corridor. c. Housing Element - The project will contribute to the diversificatio housing opportunities in the City of Carlsbad with the provision of ass living units for seniors. 2. The project has been conditioned to ensure that building permits will not be issue the project unless the District Engineer determines that sewer service is available building cannot occur within the project unless sewer service remains available, an District Engineer is satisfied that the requirements of the Public Facilities Eleme the General Plan have been met insofar as they apply to sewer service for this projt PC RES0 NO. 4034 -2- 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 j 28 0 0 3. The project is consistent with the City-Wide Facilities and Improvements Plar applicable local facilities management plan, and all City public facility policie ordinances since: a. All necessary public improvements have been provided or are requirc conditions of approval. b. The developer has agreed and is required by the inclusion of an appro condition to pay a public facilities fee. Performance of that contrac payment of the fee will enable this body to find that public facilities w available concurrent with need as required by the General Plan. 4. The project has been conditioned to pay any increase in public facility fee, 01 construction tax, or development fees, and has agreed to abide by any addi requirements established by a Local Facilities Management Plan prepared pursu; Chapter 21.90 of the Carlsbad Municipal Code. This .will ensure continued avail; of public facilities and will mitigate any cumulative impacts created by the project. 5. The Planning Commission has reviewed each of the exactions imposed 01 Developer contained in this resolution, and hereby findis, in this case, that the exac are imposed to mitigate impacts caused by or reasonably related to the project, a1 extent and the degree of the exaction is in rough propolrtionality to the impact caus the project. 6. That the requested use is necessary or desirable for the dlevelopment of the commun essentially in harmony with the various elements and ohjectives of the General Plar is not detrimental to existing uses specifically permitted in the zone in whicl proposed use is located, in that the facility will provide needed senior facilities area, North County, that has an increasing senior population. Provision of this of facility is desirable as just one of several types of housing facilities necessa accommodate a diverse population. 7. That the site for the intended use is adequate in size and shape to accommodate the u that all buildings, circulation and parking requiremeents have been provided c within the required setbacks and height restrictions. 8. That all the yards, setbacks, walls, fences, landscaping, and other features necess: adjust the requested use to existing or permitted future uses in the neighborhood u provided and maintained, in that the project has an 80 foot front yard setback, a foot sideyard setback, a 42 foot rear yard setback alnd landscaped courtyard! open space areas. ~ 9. That with the inclusion of a deceleration lane the street system is adequate to prc Arterial. generate 480 ADT which can be accommodated by El Camino Real which is a E i handle all traffic generated by the proposed use, in that the project is project PC RES0 NO. 4034 -3- L e 0 10. The Planning Commission of the City of Carlsbad has reviewed, analyze( considered the Negative Declaration, the environmental impacts therein identifit this project and any comments thereon prior to approving the project. Based ( EIA Part-I1 and comments thereon, the Planning Commission finds that there substantial evidence the project will have a significant effect on the environmer thereby approves the Negative Declaration. 11. The Planning Commission has reviewed each of the exactions imposed o Developer contained in this resolution, and hereby fmcls, in this case, that the exa are imposed to mitigate impacts cause by or reasonably related to the project, a1 extent and the degree of the exaction is in rough proportionality to the impact caus the project. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Permit fc project entitled Brighton Gardens (Exhibits “A”-“C” and “H”-“S” dated Febrw 1997, on file in the Planning Department and incorporated by this reference, subjl the conditions herein set forth. Staff is authorized and directed to make, or re Developer to make, all corrections and modifications to the Conditional Use P document(s), as necessary, to make them internally consistent and in conformity final action on the project. Development shall occuu: substantially as shown i approved Exhibits. Any proposed development substantially different fiom this app: shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state and ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy Site Plan as approved by the final decision making blody . The Site Plan shall I the conditions of approval by the City. The Plan copy shall be submitted to tht Engineer and approved prior to building, grading, final map, or improvement submittal, whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any permit plan cb reduced, legible version of the approving resolutions Ion a 24” x 36” blueline dra Said blueline drawing@) shall also include a copy of any applicable Cc Development Permit and signed approved site plan. 5. Building permits will not be issued for development of the subject property unle: District Engineer determines that sewer facilities are available at the time of applic for such sewer permits and will continue to be available until time of occupancy. 6. The Developer shall pay the public facilities fee adopted by the City Council 01 ~ 28, 1987 (amended July 2, 1991) and as amended from time to time, an( PC RES0 NO. 4034 -4- e 0 development fees established by the City Council pursuant to Chapter 21.90 ( Carlsbad Municipal Code or other ordinance adopted to implement a g management system or Facilities and Improvement Pl.an and to fulfill the subdiv agreement to pay the public facilities fee dated September 6, 1996, a copy of wl. on file with the City Clerk and is incorporated by this reference. If the fees a paid, this application will not be consistent with the General Plan and approval fc project will be void. 7. This project shall comply with all general and special conditions and miti measures which are required as part of the Zone 2 Local Facilities Managemen and any amendments made to that Plan prior to the issuance of building permits applicable conditions will be met through the payment of fees. 8. If any condition for construction of any public improvements or facilities, c payment of any fees in lieu thereof, imposed by this approval or imposed by law c residential housing project are challenged this approval1 shall be suspended as prc in Government Code Section 66020. If any such conldition is determined to be ij this approval shall be invalid unless the City Council dletermines that the project w the condition complies with all requirements of law. 9. This Conditional Use Permit is granted for a period of 10 years. This Condition2 Permit shall be reviewed by the Planning Director on a yearly basis to determine conditions of this permit have been met and that the use does not have a subs. negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative effect Planning Director shall recommend that the Planning Commission, after providil permittee the opportunity to be heard, add additional conditions to reduce or elk the substantial negative effects. This permit may be revoked at any time after a hearing, if it is found that the use has a substantial cletrimental effect on surroL land uses and the public's health and welfare, or the conditions imposed herein ha been met. This permit may be extended for a reasonable period of time not to c 10 years upon written application of the permittee made no less than 90 days pr the expiration date. The Planning Commission may n.ot grant such extension, un finds that there are no substantial negative effects on surrounding land uses ( public's health and welfare. If a substantial negative effect on surrounding land u the public's health and welfare is found, the extension shall be denied or grantec conditions which will eliminate or substantially reduce such effects. There is nc to the number of extensions the Planning Commission may grant. 10. The Developer shall report, in writing, to the Planning Director within 30 day! address change from that which is shown on the conditional use permit application 11. Prior to the issuance of the Conditional Use Permit, Developer shall submit to th, a Notice of Restriction to be filed in the office of the County Recorder, subject satisfaction of the Planning Director, notifying all interested parties and success PC RES0 NO. 4034 -5- 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 0 e interest that the City of Carlsbad has issued a Conditional Use Permit by Reso No. 4034 on the real property owned by the developer. Said Notice of Restrictior note the property description, location of the file comntaining complete project c and all conditions of approval as well as any conditions or restrictions specifit inclusion in the Notice of Restriction. The Planning Director has the author execute and record an amendment to the notice which modifies or terminates said upon a showing of good cause by the developer or successor in interest. 12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with pursuant to City standards. Location of said receptacles shall be approved E: Planning Director. Enclosure shall be of similar colors and/or materials to the F to the satisfaction of the Planning Director. 13. All visitor parking spaces shall be striped a different color than the assigned re parking spaces and shall be clearly marked as ma!{ be approved by the Pla Director. 14. An exterior lighting plan including parking areas shall be submitted for Pla Director approval. All lighting shall be designed to reflect downward and avoi impacts on adjacent homes or property. 15. No outdoor storage of material shall occur onsite unless required by the Fire Chic such instance a storage plan will be submitted for approval by the Fire Chief a1 Planning Director. 16. The developer shall prepare a detailed landscape and irrigation plan in confon with the approved Preliminary Landscape Plan and the City's Landscape Manual. plans shall be submitted to and approval obtained fro:m the Planning Director pr the approval of the final map, grading permit, or building permit, whichever ( first. The Developer shall construct and install all landscaping as shown c approved plans, and maintain all landscaping in a healthy and thriving condition from weeds, trash and debris. 17. Building identification and/or addresses shall be placed on all new and er buildings so as to be plainly visible from the street or access road; col identification and/or addresses shall contrast to their background color. 18. The Developer shall provide bus stops to service this development at locations anc reasonable facilities to the satisfaction of the North County Transit District a1 Planning Director. Said facilities shall include a lbus shelter, a bench free advertising, a trash receptacle, a boarding pad, and a pole for the bus stop sign shelter and pole shall be designed to enhance or be consistent with the architectural theme of the project. All facilities shall meet ADA regulation NCTD standards. NCTD recommends the use of perforated metal scrc I PC RES0 NO. 4034 -6- 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 0 0 instead of glazing for improved durability. 19. Prior to the issuance of building permits, the Deveboper shall prepare and rec Notice that this property may be subject to noise impacts from the ex Transportation Corridor, in a form meeting the approval of the Planning Directc City Attorney (see Noise Form #1 on file in the Planning Department). 20. Approval of CUP 96-19 is subject to the approval of SDP 96-10, SUP 96-06 and 96-09. Enpineering 21. Based upon a review of the proposed grading and the grading quantities shown ( site plan, a grading permit for this project appears to be required. The develope] submit and receive approval for grading plans in a.ccordance with City code standards prior to issuance of a building permit for this, project. 22. No grading for private improvements shall occur outside the limits of the project 1 a grading or slope easement or agreement is obtained1 from the owners of the af properties and recorded. If the developer is unable to obtain the grading or easement, or agreement, no grading permit will be issued. In that case the devl must either amend the site plan or modify the plans so grading will not occur o the project site in a manner which substantially conforms to the approved site p determined by the City Engineer and Planning Director. 23. Right-of-way shall be dedicated by the owner along the project frontage 1 Camino Real to accommodate a twelve foot wide deceleration lane. 24. The developer shall comply with the City's requirements of the National Pol Discharge Elimination System (NPDES) permit. The developer shall providc management practices as referenced in the "California Storm Water Best Manag Practices Handbook" to reduce .surface pollutants to an acceptable level pr: discharge to sensitive areas. Plans for such improvements shall be approved 1 City Engineer. Said plans shall include but not be limited to notifying prosp owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other 1 PC RES0 NO. 4034 -7- 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 a e such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 25. Prior to issuance of building permit, the developer shall file and receive apI of a boundary adjustment application with the City to adjust the lot lines as : on the site plan. This boundary adjustment application shall includt preparation and recordation of covenants of easement, as required, for par ingress and egress. 26, Prior to issuance of building permit, the applicant shall obtain, or pr documentation to the satisfaction of the City Engineer, of a reciprocal i easement between the project site and the adjacent parcel to the north, incl provisions for maintenance and liability. 27. Prior to issuance of building permit, the access road located along the re Parcels 1, 2 and 3, as shown on the site plan, shall be irrevocably offered as wide public access easement. This offer shall be made by separate instrumen be rejected by the City. Rejections of this irrevocable offer does not eliminai remove the obligation of the applicant to provide improvements for this : road, which are to be constructed as part of this project and completed t satisfaction of the City Engineer prior to building occupancy. 28. Plans, specifications, and supporting documents for all public improvements sh prepared to the satisfaction of the City Engineer. In accordance with City Stan( the developer shall install, or agree to install and secure with appropriate secur provided by law, improvements shown on the site plan and the follc improvements : a. Street improvements to El Camino Real relative to installation deceleration lane including paving, curb, gutter, sidewalk, allej driveway aprons, and street lights. b. Removal and replacement of meandering sildewalk with standard sidt improvements on El Camino Real. c. Wheelchair ramps, in conformance with Cit:y of Carlsbad standards, 2 driveways to the project fronting El Camino Real. Improvements listed above shall be constructed within 18 months of approval ( secured improvement agreement or such other time as provided in said agreement. ... I 1 PC RES0 NO. 4034 -8- 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 a e 29. 30. 31. 32. - Fire 33. 34. 35. 36. 37. 38. I 39. The structural section for the access aisles must be designed with a traffic index ( in accordance with City Standards due to truck access through the parking area : aisles with an ADT greater than 500. The structural pavement design of the aisle shall be submitted together with required R-value soil test information and approv the City Engineer as part of the building site plan review. Prior to issuance of any building permit, the developer shall comply wit requirements of the City’s anti-graffiti program for wall treatments if and when I program is formerly established by the City. The project shall comply with the latest non-residential disabled access require] pursuant to Title 24 of the State Building Code. The owner of the subject property shall execute an agreement holding the City har regarding drainage across the adjacent property. The applicant shall submit a site plan to the Fire Department for approval, 1 depicts location of required, proposed and existing public water mains anc hydrants. The plan should include off-site fire hydrants within 200 feet of the proj The applicant shall submit a site plan depicting emergency access routes, drivewaJ traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles be provided and maintained during construction. When in the opinion of the Chief, the access road has become unserviceable due to inclement weather or reasons, he may, in the interest of public safety, require that construction ope] cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational t combustible building materials are located on the construction site. Prior to building occupancy, private roads and driveways which serve as rec access for emergency service vehicles shall be posted as fire lanes in accordance the requirements of section 17.04.020 of the Carlsbad IMunicipal Code. Plans and/or specifications for fire alarm systems, fire hydrants, automatic sprinkler systems and other fire protection systems shall be submitted to the Department for approval prior to construction. All buildings having an aggregate floor area in exces,s of 10,000 square feet mr protected by automatic fire sprinkler systems. Plans and specifications mu, approved by the fire department, and a permit obtained1 prior to installation. I ... PC RES0 NO. 4034 -9- 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 e I) Water 40. The entire potable water system, reclaimed water system and sewer system sh evaluated in detail to insure that adequate capacity, pressure and flow demands ( met. 41. The developer shall be responsible for all fees, deposits and charges which w collected before and/or at the time of issuance of the building permit. The San : County Water Authority capacity charge will be collected at issuance of applicatic meter installation. 42. Sequentially the developer's engineer shall do the following: e Meet with the City Fire Marshal and establish the fire protection requiren Also obtain G.P.M. demand for domestic and irrigational needs fron appropriate parties. Department for processing and approval. e Prepare a colored reclaimed water use area map and submit to the Pla e Prior to the preparation of sewer, water and reclaimed water improvt plans, a meeting must be scheduled with the District Engineer for re comment and approval of the preliminary system layouts and usages (i.e.-G EDU) 43. This project is approved upon the express condition that building permits will n issued for development of the subject property unless the water district sewin, development determines that adequate water service and sewer facilities are availal the time of application for such water service and sewer permits will continue available until time of occupancy. 44. Some improvements shown on the site plan and/or required by these condition located offsite on property which neither the City nor the owner has sufficient ti, interest to permit the improvements to be made without acquisition of title or intt The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code 45. If any of the foregoing conditions fail to occur; or if' they are, by their terms, implemented and maintained over time; if any of such conditions fail to k implemented and maintained according to their terms, the City shall have the rig revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of occul issued under the authority of approvals herein granted; institute and prosecute litig to compel their compliance with said conditions or seek damages for their viola No vested rights are 'gained by Developer or a successor in interest by the C ~ approval of this Conditional Use Permit. PC RES0 NO. 4034 -10- 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 a e Code Reminders 46. All roof appurtenances, including air conditioners, shall be architecturally intel and concealed from view and the sound buffered from adjacent properties and SI in substance as provided in Building Department Po1ic:y No. 80-6, to the satisfact the Directors of Planning and Building. 47. This approval shall become null and void if building permits are not issued fo project within 18 months from the date of project approval. 48. Approval of this request shall not excuse compliance with all applicable sections c Zoning Ordinance and all other applicable City ordinances in effect at time of bui permit issuance, except as otherwise specifically provided herein. 49. Prior to hauling dirt or construction materials to or from any proposed constructio within this project, the developer shall submit to and receive approval from the Engineer for the proposed haul route. The developer shall comply with all cond and requirements the City Engineer may impose with regards to the hauling operat 50. Prior to issuance of a building permit for any buildable lot within the subdivisiol property owner shall pay a one-time special development tax in accordance wit1 Council Resolution No. 91-39. 5 1. The developer shall pay all current fees and deposits required. 52. The developer shall exercise special care during the construction phase of this projc prevent offsite siltation. Planting and erosion control shall be provided in accorc with the Carlsbad Municipal Code and the City Engineer. ... ... ... ~ *** 1 ... ... ... ... ... PC RES0 NO. 4034 -1 1- 0 e s 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla 2 4 3 Commission of the City of Carlsbad, California, held on the 5th day of February 1997 1 following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinc 5 Monroy, Noble, Savary and Welslnons 6 7 NOES: None ABSENT: None 8 9 10 11 12 ROBERT NIELSEN, Chairperson 13 CAFUSBAD PLANNING COMMISSION 14 15 16 ATTEST: 17 ABSTAIN: None 18 MM 19 20 Planning Director 21 22 23 24 25 26 27 28 PC RES0 NO. 4034 -12-