HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 40341,:: ?_
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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
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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
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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
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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(
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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
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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
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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-
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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.
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- Fire
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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.
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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.
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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.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
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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
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NOES: None
ABSENT: None
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12 ROBERT NIELSEN, Chairperson
13 CAFUSBAD PLANNING COMMISSION
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16 ATTEST:
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ABSTAIN: None
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Planning Director
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