HomeMy WebLinkAbout1997-12-17; Planning Commission; Resolution 4212(I e 0
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PLANNING COMMISSION RESOLUTION NO. 4212
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW AN ASSISTED
LIVING PROFESSIONAL CARE FACILITY ON PROPERTY
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
EL CAMINO REAL AND AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 6
CASE NAME: SUNRISE LA COSTA
CASE NO.: CUP 97-04
WHEREAS, Sunrise Development, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Don Ayres, ‘‘
described as
Lot 1 of Carlsbad Tract 72-34 (Rancho La Cuesta) Unit No. 1
in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 8350, as recorded in
the Office of the County Recorder of San Diego County dated
July 28,1976.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditic
Permit as shown on Exhibit(s) “A” - “Y” dated December 17, 1997, on file in the (
Planning Department, CUP 97-04 - Sunrise La Costa, as provided by Chapter 21.4:
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of Decembt
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to CUP 97-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the F
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES Conditional Use Permit CUP 97-04, based on the f
findings and subject to the following conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General 1
is not detrimental to existing uses specifically permitted in the zone in w
proposed use is located, in that the professional care facility will provide n
housing for elderly residents requiring assistance with daily living neec
existing residential neighborhood with a commercial center in proximity ta
for the convenience of residents. The facility is small in scale and design
compatible with surrounding single and multi-family residential developme1
2, That the site for the intended use is adequate in size and shape to accommodate th
that the proposed buildings will exceed all setback requirements; building COA
10 percent of the lot whereas the zone provides for up to a maximum of 60 pt
substantial portion of the site (sixty-five percent) will be landscaped and
passive outdoor recreational amenities.
3. That all the yards, setbacks, walls, fences, landscaping, and other features nece
adjust the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the proposed small scale development and
design which enables setbacks in excess of 200 feet from the southern prope
100 feet from the western and northern property lines, and 80 - 90 feet f
eastern property line is compatible with surrounding development. These I
will include driveway access and parking as well as containing ample landscap
passive recreational amenities. The southern setback will provide a bu
adjacent single family residences and includes a passive landscaped pedestrir
and connection to the project from the surrounding neighborhood. Adequate
has been provided as the project includes 54 parking spaces in accordance 7
Parking Ordinance requirement of .45 spaceshed for professional care facilitir
4. That the street system serving the proposed use is adequate to properly handle a
generated by the proposed use, in that required road improvements in accordal
the Zone 6 Local Facilities Management Plan to El Camino Real and Aviara E
along the project's frontages ensure that these roadways and intersections will
at acceptable levels through build-out. A single point of ingresdegress to the s'
Manzanita Street approximately 140 feet from the Aviara Parkway intersecl
reduce potential traffic conflicts on the local street.
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5. The Planning Commission finds that the project, as conditioned herein for (CU
04) is in conformance with the Elements of the City’s General Plan, based o
following:
a. Land Use - The project is consistent with the RM General Plan designatj
that it is a commercial residence for seniors requiring assistance
daily living needs, and although the project consists of 86 commc
living units, these units are not subject to General Plan or Gr
Management density restrictions.
b. Circulation - The project is surrounded by existing roadways operati
acceptable levels, however, the project is conditioned to cons
additional roadway improvements including a median and additiona
turn lane on El Camino Real and a right turn only lane on A.
Parkway along its frontages. These improvements are required b
Zone 6 LFMP to ensure that the Aviara Parkway and ECR will op
at acceptable levels through buildout.
C. Noise - The project is conditioned to require a noise analysis with mitig
measures to be incorporated into the project that ensure that interior 1
levels do not exceed the City’s 45 dBA CNEL noise standard. Althc
exterior noise levels within the proposed gardens located along El C~I
Real will be a maximum of 67 dBA CNEL which exceeds the City
dBA CNEL standard utilized for residential projects, no exterior 1
standard exists for this type of project. Noise levels in the remaj
outdoor areas to the south, west, and north of the structure will
exceed 65 dBA CNEL.
d. Open Space - The project will preserve the SDG&E easement desigc
by the General Plan as open space.
e. Public safety - The project is conditioned to construct all required pi
improvements in accordance with City standards and to incorporate
recommendations of the geotechnical analysis prepared for the site intc
grading design.
6. The Planning Commission finds that:
a. The project is a type of project described in CEQA Guidelines 15 168((
15183 in that the project is consistent with the General Plan and ME1
previously approved Mitigated Negative Declaration in which mi
measures were required for a larger professional care facility; mi
measures required by the previous environmental document are COI
of approval of the proposed project; and no new significant enviro~
effects were identified or new mitigation measures imposed with re
this project as compared to the previously approved larger professiol
facility project.
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b. The project is consistent with the previously approved Ayres Seniol
professional care facility which consisted of almost three times grea
area and building coverage and double the number of living unil
proposed project.
c. There was a Mitigated Negative Declaration approved in connection
the prior project, Ayres Senior Center, CUP 88-21(A).
d. None of the circumstances requiring Subsequent or Supplemental EIR 1
CEQA Guidelines Section 15 162 or 15 163 exist.
7. 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. The project has been conditioned to ensure the building permits will nc
issued for the project unless the District Engineer determines that s
service is available, and building cannot occur within the project unless s
service remains available, and the District Engineer is satisfied tha;
requirements of the Public Facilities Element of the General Plan have
met insofar as they apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school faci
in the Carlsbad Unified School District.
c. All necessary public improvements have been provided or are require
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an approp
condition to pay a public facilities fee. Performance of that contract
payment of the fee will enable this body to find that public facilities wi
available concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any additi
requirements established by a Local Facilities Management Plan prepared pursm
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure contir
availability of public facilities and will mitigate any cumulative impacts createc
the project.
8. This project has been conditioned to comply with any requirement approved as pa
the Local Facilities Management Plan for Zone 6.
9. That the project is consistent with the City’s Landscape Manual, adopted by
Council Resolution No. 90-384.
10. The Planning Commission has reviewed each of the exactions imposed on
Developer contained in this resolution, and hereby finds, in this case, that
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exactions are imposed to mitigate impacts caused by or reasonably related t
project, and the extent and the degree of the exaction is in rough proportionality 1
impact caused by the project.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Perm,
project entitled CUP 97-04 - Sunrise La Costa, (Exhibit(s) “A” - “Y” dated DI
17, 1997, on file in the Planning Department and incorporated by this reference
to the conditions herein set forth.) Staff is authorized and directed to make, o
Developer to make, all corrections and modifications to the Conditional Us
document(s), as necessary, to make them internally consistent and in conforn
final action on the project. Development shall occur substantially as show
approved Exhibits. Any proposed development substantially different from this i
shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
3. This Conditional Use Permit is granted for a period of ten (10) years. This COI
Use Permit shall be reviewed by the Planning Director on a yearly basis to dett
all conditions of this permit have been met and that the use does not have a su
negative effect on surrounding properties or the public health and welfare.
Planning Director determines that the use has such Substantial negative effi
Planning Director shall recommend that the Planning Commission, after provi
permittee the opportunity to be heard, add additional conditions to reduce or elim
Substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a Substantial detrimental effect on surrounc
uses and the public’s health and welfare, or the conditions imposed herein have 1
met. This permit may be extended for a reasonable period of time not to exceed
years upon written application of the permitted made no less than 90 days pric
expiration date. The Planning Commission may not grant such extension, unles:
that there are no Substantial negative effects on surrounding land uses or the
health and welfare. If a Substantial negative effect on surrounding land use,
public’s health and welfare is found, the extension shall be denied or grani
conditions which will eliminate or substantially reduce such effects. There is no
the number of extensions the Planning Commission may grant.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, dei
hold harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, from and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Conditional Use Per
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emission I PC RES0 NO. 4212 -5-
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facility of electromagnetic fields or other energy waves or emissions.
NOTE: Unless specifically stated in the condition, all of the following conditions
approval of this conditional use permit, must be met prior to issuance of any building p
5. The Developer shall provide the City with a reproducible 24" x 36", mylar COI
Site Plan as approved by the final decision making body. The Site Plan shall rc
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, or improvement plan s'
whichever occurs first.
6. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24" x 36" blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devc
Permit and signed approved site plan.
7. Building permits will not be issued for development of the subject property w
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy.
8. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any dew
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad N-
Code or other ordinance adopted to implement a growth management system or E
and Improvement Plan and to fulfill the subdivider's agreement to pay tht
facilities fee dated March 31,1997, a copy of which is on file with the City CleI
incorporated by this reference. If the fees are not paid, this application will
consistent with the General Plan and approval for this project will be void.
9. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building pennit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin;
application.
10. This project shall comply with all conditions and mitigation measures which are 1
as part of the Zone 6 Local Facilities Management Plan and any amendments 1
that Plan prior to the issuance of building permits.
11. Approval of CUP 97-04 is granted subject to the approval of SUP 97-01, HDI
and CDP 97-08. CUP 97-04 is subject to all conditions contained in the I
Commission Resolution for SUP 97-01 (4213), HDP 97-06 (4214), and CD:
(4215).
12. Prior to the issuance of the Building Permit, Developer shall submit to the City 2
of Restriction to be filed in the office of the County Recorder, subject to the sati
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Conditional Use Permit by Resolutions No. 421;
PC RES0 NO. 4212 -6-
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real property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all con(
approval as well as any conditions or restrictions specified for inclusion in the 1
Restriction. The Planning Director has the authority to execute and record an an
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
13. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approve(
Planning Director prior to building permit issuance. Enclosure shall be show
building plans to be of similar colors andor materials to the project to the satisf
the Planning Director prior to building permit issuance.
14. An exterior lighting plan including parking areas shall be submitted for Planning
approval. All lighting shall be designed to reflect downward and avoid any ia
adjacent property. The maximum height of all light fixtures shall not exceed 2
15. No outdoor storage of materials shall occur onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
16. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 7
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved pl
maintain all landscaping in a healthy and thriving condition, fiee fiom weeds, tr
debris.
17. The first submittal of detailed landscape and irrigation plans shall be accompanie
project’s building, improvement, and grading plans.
18, Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible fiom the street or access road; color of identificatio~
addresses shall contrast to their background color.
19. The Developer is aware that the City is preparing a non-residential housing im
(linkage fee) consistent with Program 4.1 of the Housing Element. The app
further aware that the City may determine that certain non-residential projects IT
to pay a linkage fee, in order to be found consistent with the Housing Elemer
General Plan. If a linkage fee is established by City Council ordinance and/or re
and this project becomes subject to a linkage fee pursuant to said ordinancc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developmer
existing development, in which case, the fee shall be paid on approval of the fir
parcel map or certificate of compliance, required to process the non-residenti:
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whichever pertains. If linkage fees are required for this project, and they are not.
project will not be consistent with the General Plan and approval for this prc
become null and void.
20. The developer shall mitigate the interior noise levels of the structure to
CNEL, in accordance with the policies of the Noise Element of the General 1
the recommendation of the project's noise study prepared by Dudek & AL
on file in the Planning Department. If openings to the exterior of the struc
required to be closed to meet the interior noise standard then mechanical vel
shall be provided. The applicant shall submit, to the Planning Director,
from the acoustical engineer verifying that all noise mitigation measures hr
incorporated into the building plan prior to building permit issuance.
21. The facility shall be limited to a maximum of 86 commercial living units
residents unless an amendment to the approved conditional use permit is a
by the Planning Commission.
22. All roof appurtenances, including air conditioners, shall be architecturally integl
concealed fiom view and the sound buffered fiom adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning. All necessary roof eql
shall be located toward the center of the flat roof so that minimal additio
screens are necessary beyond the roof parapets currently included
architectural design, and in no case shall roof screens exceeding 3' in hi
permitted. Minimal roof screens and no roof equipment shall be visible
Camino Real, to the satisfaction of the Planning Director.
Engineering -
23. The developer shall comply with the requirements of the City's anti-graffiti proi
wall treatments if and when such a program is formerly established by the City.
24. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from .
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
25. The developer shall provide for sight distance corridors at all street intersec
accordance with Engineering Standards and shall include the following note in
plan of the building plan set:
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches a1
street level may be placed or permitted to encroach within the area identified a:
distance corridor in accordance with City Standard Public Street-Design Criteria,
8.B.3. The underlying property owner shall maintain this condition."
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The property owner shall pay a one-time special development tax in accordance I
Council Resolution No. 9 1-3 9.
The developer shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, the owner SI
written consent to the annexation of the area shown within the boundarie;
subdivision plan into the existing City of Carlsbad Street Lighting and Lan~
District No. 1 on a form provided by the City.
Based upon a review of the proposed grading and the grading quantities shown 01
plan, a grading permit for this project is required. The developer must submit anc
approval for grading plans in accordance with city codes and standards prior to
of a building permit for the project.
Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to t
Water Resources Control Board.
No grading for private improvements shall occur outside the limits of the project
grading or slope easement or agreement is obtained from the owners of the
properties and recorded. If the developer is unable to obtain the grading 1
easement, or agreement, no grading permit will be issued. In that case the develo
either amend the site plan or modify the plans so grading will not occur OUI
project site in a manner which substantially conforms to the site plan as detern
the City Engineer and Planning Director.
The owner shall make an offer of dedication to the City, by separate legal docun
all public streets and easements required by these conditions or shown on the s
The offer shall be made prior to issuance of the grading permit or building
whichever occurs first. All land so offered shall be granted to the City fiee and
all liens and encumbrances and without cost to the City. Streets that are alread:
are not required to be rededicated.
The property line corner radius for all right-of-way dedications shall be 25 feet.
The drainage system shall be designed to ensure that runoff resulting from
frequency storms of 6 hours and 24 hours duration under developed conditions, a
to or less than the runoff from a storm of the same frequency and duration under
developed conditions. Both 6 hour and 24 hour storm durations shall be anal
determine the detention basin capacities necessary to accomplish the desired resut
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35. The developer shall comply with the City's requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall pro1
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City En
36. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand
developer shall install, or agree to install and secure with appropriate security as 1
by law, improvements shown on the site plan and the following improvements:
A. Full width landscaped median on El Camino Real from Aviara Par
the south end of the project frontage including dual left turn lanes a1
Parkway. The design shall take into consideration any super-e
conflicts.
B. Half width improvements to Aviara Parkway adjacent to the project :
to provide for an additional lane for eastbound to southbound righ
The transition from the existing width to the new lane shall be design6
C. Repair of existing improvements on Manzanita Street along the
frontage. The repair shall include measures to prevent further ti
damage.
D. All signal modifications for the Aviara Parkway/El Camino Real and
ParkwayManzanita Street intersections necessary to construct thl
noted improvements. The modifications shall include the installatia
interconnect between the signals.
Improvements listed above shall be constructed within 18 mol
approval of this conditional use permit, the secured improvement agrl
or whichever occurs first, or such other time as provided in said agree
37. The developer shall install street lights along all public and private street fron
conformance with City of Carlsbad Standards.
38. The developer shall install sidewalks along all public streets abutting the pr
conformance with City of Carlsbad Standards prior to occupancy of any buildings
39. Prior to occupancy of any buildings, the developer shall install wheelchair ramF
public street corners abutting the project site in conformance with City of C
Standards .
40. The structural section for the access aisles must be designed with a traffic index (
accordance with City Standards due to truck access through the parking area andh
with an ADT greater than 500. The structural pavement design of the aisle ways
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submitted together with required R-value soil test information and approved by
as part of the building site plan review.
Fire:
41. Prior to the issuance of building permits, complete building plans shall be app
the Fire Department.
42. Additional on-site public water mains and fire hydrants are required.
43. Applicant shall submit a site plan to the Fire Department for approval whicl
location of required, proposed and existing public water mains and fire hydra
plan should include off-site fire hydrants within 200 feet of the project.
44. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
45. An all weather, unobstructed access road suitable for emergency service vehicles
provided and maintained during construction. When in the opinion of the Fire C:
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations shall cease
condition is corrected.
46. All required water mains, fire hydrants and appurtenances shall be operationa
combustible building materials are located on the construction site.
47. All security gate systems controlling vehicular access shall be equipped with a
key-operated emergency entry device. Applicant shall contact the Fire Preventior
for specifications and approvals prior to installation.
48. Private roads and driveways which serve as required access for emergency
vehicles shall be posted as fire lanes in accordance with the requirements of
17.04.020 of the Carlsbad Municipal Code.
49. Plans andor specifications for fire alarm systems, fire hydrants, automatic I
systems and other fire protection systems shall be submitted to the Fire Depart1
approval prior to construction.
50. An approved automatic fire sprinkler system shall be installed in buildings k
aggregate floor area exceeding 10,000 square feet.
Water :
51. A public onsite water system shall be designated to provide domestic water sen
flow capabilities.
1 52. A meeting shall be held with the District Engineer to verify pipe size and locatic
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pipeline shall be sized to meet both domestic water demands and fire flows. Fi
shall be determined by the Fire Marshal and submitted to the District for revit
pipeline shall be designed to loop within the property and connect to the existi
pipelines in Manzanita Street and Aviara Parkway.
53, The domestic water demands shall be calculated by the Developer and submitt
District for water meter sizing.
54. Detector checks are required for any building sprinkler systems.
55. The water system shall be designed and constructed in accordance with
Standards.
56. A pipeline easement plat and description shall be prepared by the Developer
easements required for the public water system.
57. A pipeline easement plat and description shall be prepared by the Developer
easements required for the public water system.
58. Sewer The sewer pipeline from the building shall be designed to connect to the
sewer pipeline within Manzanita Street. An estimate of the sewage generation
submitted by the Developer to the District for verification of pipeline size. The c
the sewer system shall conform to District standards.
59. Recycled Water (Reclaimed) The onsite irrigation system for landscaping
designed to utilize reclaimed water. The reclaimed water shall be obtained by co
to the existing pipeline in Aviara Parkway.
60. The pipeline and irrigation system shall conform to District standards, and I
submitted to the District for review and approval and also to the San Diego
Department.
CODE REMINDERS:
6 1. Any signs proposed for this development shall at a minimum be designed in confc
with the City’s Sign Ordinance and shall require review and approval of the I
Director prior to installation of such signs.
62. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the P
Department.
63. Approval of this request shall not excuse compliance with all applicable section
Zoning Ordinance and all other applicable City ordinances in effect at time of 1
permit issuance, except as otherwise specifically provided herein.
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64. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
64. Compact parking spaces shall be located in large groups, and in locations clear11
to the satisfaction of the Planning Director.
65. Prior to occupancy of the first dwelling unit the Developer shall provide all
passive and active recreational areas per the approved plans, including landscal
recreational facilities.
66. The project is subject to all applicable provisions of local ordinances, including
limited to the following:
67. The developer shall exercise special care during the construction phase of this F
prevent offsite siltation. Planting and erosion control shall be provided in act
with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 17th day of December 199'
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner's Compas, Heineman,
Monroy, Noble, Savary and Welshons
NOES:
ABSENT:
ABSTAIN:
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
I
~ ATTE:: ,
MICHAEL J. J~~ILZ~~LLER
Planning Director
PC RES0 NO. 4212 -13-