HomeMy WebLinkAbout1999-01-06; Planning Commission; Resolution 4447.t. I e 0
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PLANNING COMMISSION RESOLUTION NO. 4447
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
FOR THE DEVELOPMENT OF A CONTINUING. CARE
RETIREMENT COMMUNITY ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF EL CAMINO REAL
BETWEEN LA COSTA AVENUE AND CALLE BARCELONA
IN LOCAL FACILITIES MANAGEMENT ZONE 23.
CASE NAME: LA COSTA GLEN
CASE NO. : SDP 98-01
WHEREAS, Continuing Life Communities LLC, “Developer”, ha
verified application with the City of Carlsbad regarding property owned by Contin1
Communities LLC, “Owner”, described as
APPROVAL OF A SITE DEVELOPMENT PLAN, SDP 98-01,
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South and 4 West, San
Bernardino Meridian in the City of Carlsbad, County of San
Diego, State of California, according to Official Plat thereof,
said property being more particularly described in Exhibit
“A” of Quitclaim Deed recorded March 28,1989 as File No. 89-
157040 of Official Records of said San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site De\
Plan as shown on Exhibit(s) “A” - “XXX” dated January 6, 1999, on file in the
Department LA COSTA GLEN, SDP 98-01 as provided by Chapter 21.06 of the
Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of Janua
ll hold a duly noticed public hearing as prescribed by law to consider said request; and 23
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relating to the Site Development Plan.
Commission of the City of Carlsbad as follows: 28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI:
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
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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 1
Commission RECOMMENDS APPROVAL OF LA COSTA GLEN, 1
01 based on the following findings and subject to the following condition
Findinm:
1. That the requested use is properly related to the site, surroundings and envir
settings, is consistent with the various elements and objectives of the General I
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou
traffic circulation, in that a continuing care retirement community is consil
alternative for the long-term residential, social, and health care needs of Cal
elderly residents, and a way to provide a continuum of care, to minimize
trauma, and to allow for the provision of social and health care sewic
appropriately licensed setting. The project is consistent with all the requirc
Green Valley Master and Final Program EIR 92-03. The City Council appl
master plan in 1996 and made the finding that the Green Valley Mas
implements the General Plan and is consistent with the goals, objecti
policies of the General Plan. The project, through implementation of th
plan, provides for the following: (1) the provision of the necessary ci
element roadways and improvements (Levante Street, Calle Barcelona,
Camino Real); (2) the protection and enhancement of the wetland and upla
within open space lots; (3) the construction of a future public trail; (4) the p
for affordable housing; (5) implementation of the mitigation, monitor
reporting program for Program EIR 92-03; and, (6) compliance with t
Facilities Management Plan Zone 23 for public facilities and services
2. That the site for the intended use is adequate in size and shape to accommodate t
that the project meets or exceeds all City policies and the development star
the Green Valley Master, including landscaping, pedestrian access, lot
coverage, setbacks, parking, building height, recreational open sp:
recreational vehicle storage space.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessarq
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained in that: (1) the buildings are set back 35 feet frl
Barcelona; (2) the site has perimeter fencing/walls including chain link,
block, and wrought iron; (3) extensive ornamental landscaping and nativ
restoration is provided; and, (4) large areas of open space, topography, a
Barcelona separate and buffer the site from surrounding residential, con
and transportation land uses.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that the proposed onsite private streets mec
policies and standards including, backup distance, corner sight visibili
width, intersection spacing, and cul-de-sac length. The portions of Levar
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and Calle Barcelona located within the site will be constructed, El Camino 1
be widened along the project's frontage, and a landscaped center mediar
constructed.
5. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility polj
ordinances since:
A. The project has been conditioned to ensure the building permits will not
for the project unless the District Engineer determines that sewer s
available, and building cannot occur within the project unless sewe
remains available, and the District Engineer is satisfied that the require
the Public Facilities Element of the General Plan have been met insofa
apply to sewer service for this project.
B. All necessary public improvements have been provided or are re(
conditions of approval.
C. The Developer has agreed and is required by the inclusion of an ay
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any :
requirements established by a Local Facilities Management Plan prepared p~
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avai'
public facilities and will mitigate any cumulative impacts created by the project.
7. This project has been conditioned to comply with any requirement approved as I
Local Facilities Management Plan for Zone 23.
8. The Planning Commission has reviewed each of the exactions imposed on the I
contained in this resolution, and hereby finds, in this case, that the exactions arc
to mitigate impacts caused by or reasonably related to the project, and the extel
degree of the exaction is in rough proportionality to the impact caused by the prc
9. The Planning Director has found that, based on the EIA Part 11, this Subseque
was described in the Program EIR 92-03 as within its scope; and there P
additional significant effect, not analyzed therein; and that no new or
mitigation measures or alternatives are required; and that, therefore, this S1
Project is within the scope of the prior EIR; and no new environmental doc1
Public Resources Code 2 108 1 findings are required.
10. The Planning Commission finds that all feasible mitigation measures c
alternatives identified in the Program EIR 92-03 which are appropriate to this S.
Project have been incorporated into this Subsequent Project, as noted above.
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Site Development Plan document(s) necessary to m;
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dev
different fiom this approval, shall require an amendment to this approval.
2. Approval of SDP 98-01 is granted subject to the approval of CUP 98-01 and
04. SDP 98-01 is subject to all conditions contained in Planning Cor
Resolutions No. 4449, and 4448 for CUP 98-01 and CDP 98-04.
3. The Developer shall implement, or cause the implementation of the applicable p~
the Program EIR 92-03 Mitigation Monitoring and Reporting Program.
4. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
5. The Developer shall provide the City with a reproducible 24” x 36”, mylar co
Site Plan as approved by the final decision making body. The Site Plan shall I
conditions of approval by the City. The Site Plan copy shall be submitted tc
Engineer and approved prior to building, grading, final map, or improven
submittal, whichever occurs first.
6. The Developer shall include, as part of the plans submitted for any permit plar
reduced legible version of the approving resolutions on a 24” x 36” blueline
Said blueline drawings shall also include a copy of any applicable Coastal De\
Permit and signed approved site plan.
7. Building permits will not be issued for development of the subject property I
District Engineer determines that sewer facilities are available at the time of a]
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 01
1987, (amended July 2, 1991) and as amended from time to time, and any de\
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad 1
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay tl
facilities fee dated January 13, 1998, a copy of which is on file with the City 1
is incorporated by this reference. If the fees are not paid, this application w
consistent with the General Plan and approval for this project will be void.
9. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 23 Local Facilities Management Plan and any amendment:
that Plan prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or thc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this I
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housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in.
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
11. Prior to the issuance of the building or grading permit, whichever occ
Developer shall submit to the City a Notice of Restriction to be filed in the off
County Recorder, subject to the satisfaction of the Planning Director, noti
interested parties and successors in interest that the City of Carlsbad has issu
Development Plan by Resolution No. 4447 on the real property owned by the D
Said Notice of Restriction shall note the property description, location of
containing complete project details and all conditions of approval as we1
conditions or restrictions specified for inclusion in the Notice of Restrictit
Planning Director has the authority to execute and record an amendment to t
which modifies or terminates said notice upon a showing of good cause by the I
or successor in interest.
12. 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. Enclosure shall be of similar colors and/or materials to the
the satisfaction of the Planning Director.
13. An exterior lighting plan including parking areas shall be submitted for Plannini
approval. All lighting shall be designed to reflect downward and avoid any ir
adjacent homes or property. The lighting plan shall comply with all the requ
of the Green Valley Master Plan.
14. No outdoor storage of materials shall occur onsite unless required by the Fire 1
such instance a storage plan will be submitted for approval by the Fire Chie
Planning Director.
15. The Developer shall prepare a detailed landscape and irrigation plan in conform
the approved Preliminary Landscape Plan and the City’s Landscape Manual. ’
shall be submitted to and approval obtained from the Planning Director pri
approval of the final map, grading permit, or building permit, whichever occurs
Developer shall construct and install all landscaping as shown on the approved 1
maintain all landscaping in a healthy and thriving condition, free from weeds,
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompan
project’s building, improvement, and grading plans.
17. Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible from the street or access road; color of identificati
addresses shall contrast to their background color.
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18. Prior to the issuance of building permits for any lots or units, the Developer shr
approval and enter into an Affordable Housing Agreement with the City to purcl
affordable housing credits in the Villa Loma affordable housing project and/or
30 existing dwelling units and restrict those units to rents affordable 1
income households and pay a fee for the fractional remainder, in accordance
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Cc
recorded Affordable Housing Agreement shall be binding on all future ow
successors in interest.
19. The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a be
from advertising, and a pole for the bus stop sign. The bench and pole shall be
to enhance or consistent with basic architectural theme of the project.
20. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
EnPineerinP:
NOTE: Unless specifically stated in the condition, all of the following engineering c
upon the approval of this proposed site development plan must be met
issuance of a building permit.
21. The developer shall comply with the requirements of the City's anti-graffiti prc
wall treatments if and when such a program is formerly established by the City.
22. All concrete terrace drains shall be maintained by the homeowner's associatil
commonly owned property) or the individual property owner (if on an inc
owned lot). An appropriately worded statement clearly identifying the respl
shall be placed in the CC&Rs (if maintained by the Association).
23. The developer shall provide for sight distance corridors at all street interse
accordance with Engineering Standards and shall record the following stateme
conforming mylar site development plan (and in the CC&Rs).
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches
the street level may be placed or permitted to encroach within the area ider
as a sight distance corridor in accordance with City Standard Public Street-I:
Criteria, Section 8.B.3. The underlying property owner shall maintail
condition."
24. The developer shall record the final map for CT 92-08 and submit for ar
approval of an Adjustment Plat from the City, to create the proposed lots
on the site plan and to the satisfaction of the City Engineer.
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FeedAmeements
25. The developer shall pay all current fees and deposits required.
26. The developer shall reimburse the City for full half street improvement!
Costa Avenue along the project frontage in the amount of $165,351.20,
recordation of a final map for CT 92-08.
27. The developer shall reimburse the developer who constructed the medial
east side of El Camino Real for one half of the cost of that portion of the
along the project frontage from Levante Street.
28. The developer shall reimburse the City's cost for that portion of a northb
lane (number 3 lane) to El Camino Real north of the El Camino ReaVOliver
Road/Leucadia Boulevard intersection in the amount of $69,784.00, pril
recordation of a final map for CT 92-08.
Grading
29. Based upon a review of the proposed grading and the grading quantities shown o
plan, a grading permit for this project is required. The developer must submit an
approval for grading plans in accordance with City Codes and Standards prior to
of a building permit for the project.
30. No grading for private improvements shall occur outside the limits of the projec
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
easement, or agreement, no grading permit will be issued. In that case the develc
either amend the site plan or modify the plans so grading will not occur OP
project site in a manner which substantially conforms to the approved site
determined by the City Engineer and Planning Director.
Dedications/Improvements
31. The two permanent detention basins shall be private and maintained in PI
by the property owner or property owner's association. Appropriate
regarding detention basin maintenance, as approved by the City Engineer,
included in the covenants, conditions and restriction (CC&Rs) for the projc
to recordation of a final map for CT 92-08.
1 32. The owner shall make an offer of dedication to the City for all public easement!
by the site plan. The offer shall be made prior to issuance of any building perm
project. All land so offered shall be granted to the City free and clear of all
encumbrances and without cost to the City. Streets that are already publi
required to be rededicated.
33. The design of all private streets and drainage systems shall be approved by
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Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee
paid prior to issuance of any building or grading permit for this project.
4 34. The project shall be constructed in the order shown on the site p
shall comply with the City's cul-de-sac standards to the satisfaction
5 City Engineer.
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35. The required improvements to El Camino Real, from La Costa Avenu
southerly boundary of the project, shall be completed by December 31, 195
satisfaction of the City Engineer.
36. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvements:
a. The existing vehicular actuated traffic signal at the Calle Barcelo
Camino Real intersection shall be modified, for the new extension of
Barcelona to the satisfaction of the City Engineer and Traffic Engj
Half the cost of the existing signal shall be reimbursed to the deve
that constructed that existing signal.
A note to this effect shall be placed on the conforming mylar site developm
Improvements listed above shall be constructed within 18 months of appro1
secured development agreement or such other time as provided in said agreemel
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17 A list of the above improvements shall be placed on the conforming rn
development plan. Improvements listed above shall be constructed within 18 r
18 approval of the secured development agreement or such other time as providc
agreement.
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37. Prior to issuance of building permits, the Fire Department shall evaluate build
Fire Codes.
for conformance with applicable fire and life safety requirements of the state
23 11 38. Public fire hydrants, shall be provided at intervals of 300 feet along public SI
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private dnveways for all multi-family development. Hydrants should be locater
intersections when possible, but should be positioned no closer than 100
terminus of a street of driveway.
26 39. Public fire hydrants, shall be provided at intervals of 500 feet along public stre
27 private driveways for all single-family and twinhome development. Hydrants
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located at street intersections when possible, but should be positioned no closer
feet from terminus of a street of driveway.
40. The applicant shall submit a site plan to the Fire Department for approval. The
shall depict the location of required, proposed and existing public water main:
hydrants. The plan should include off-site fire hydrants within 200 feet of the pr
41. The applicant shall submit a site plan depicting emergency access routes, drive
traffic circulation for Fire Department approval.
42. An all weather, unobstructed access road suitable for emergency service vehicle
provided and maintained during construction. When in the opinion of the Fire (
access road has become unserviceable due to inclement weather or other reasons
in the interest of public safety, require that construction operations cease
condition is corrected.
43. All required water mains, fire hydrants and appurtenances shall be operation
combustible building materials are located on the construction site.
44. Prior to final inspection, all security gate systems controlling vehicular accesh
equipped with a “Knox”, key-operated emergency entry device. Applicant sha
the Fire Prevention Bureau for specifications and approval prior to installation.
45. Prior to building occupancy, private roads and driveways which serve as requir
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of section 17.04.020 of the Carlsbad Municipal Code.
46. Prior to issuance of the building permit, the applicant shall obtain fire departmenl
of a wildland fuel management plan. The plan shall clearly indicate methods PI-
mitigate and manage fire risk associated with native vegetation growing within 1
structures. The plan shall reflect the standards presented in the fire suppressio:
of the city of Carlsbad Landscape Guidelines Manual.
47. Prior to occupancy, all wildland fuel mitigation activities must be complete
condition of all vegetation within 60 feet of structures found to be conformanc
approved wildland he1 management plan.
48. All buildings which have an aggregate floor area in excess of 10,000 square fee
protected by automatic fire sprinkler systems. Plans and specifications must be
by the fire department, and a permit obtained prior to installation.
49. Proposed multifamily residential buildings must be protected by fire alarm systej
and specifications must be approved, and a permit obtained prior to installation.
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50. The applicant shall provide a street map which conforms to the following requj
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1
existing intersections or streets. The map shall also clearly depict street cel
hydrant locations and street names.
51. A monument sign shall be installed at the entrance to the driveway or priv;
indicating the address of the buildings on site.
General Conditions:
52. If any of the foregoing conditions fail to occw; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issuar
hture building permits; deny, revoke or further condition all certificates of 01
issued under the authority of approvals herein granted; institute and prosecute litj
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s ap
this site plan.
Code Reminders:
53. The Developer shall pay a landscape plan check and inspection fee as required b:
20.08.050 of the Carlsbad Municipal Code.
54. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
55. All roof appurtenances, including air conditions, shall be architecturally integ
concealed fi-om view and the sound buffered from adjacent properties and s
substance as provided in Building Department Policy No. 80-6, to the satisfacti
Directors of Community Development and Planning.
56. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
57. Any signs proposed for this development shall at a minimum be designed in con
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
58. The developer shall exercise special care during the construction phase of this
prevent offsite siltation. Planting and erosion control shall be provided in a(
with the Carlsbad Municipal Code and the City Engineer.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exai
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition. You are hereby FURTHER NOTIFIED that your right to PI
specified fees/exactions DOES NOT APPLY to water and sewer connection fees and
charges, nor planning, zoning, grading or other similar application processing or servic
connection with this project; NOR DOES IT APPLY to any feedexactions of which
previously been given a NOTICE similar to this, or as to which the statute of limita
previously otherwise expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of January, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, H
L’Heureux, Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEYJVO
CARLSBd COMMISSION
ATTEST:
%
Planning Director
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