HomeMy WebLinkAbout2000-10-18; Planning Commission; Resolution 48471
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PLANNING COMMISSION RESOLUTION NO. 4847
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A 71 UNIT ASSISTED LIVING FACILITY FOR THE ELDERLY
ON 2.20 ACRES GENERALLY LOCATED SOUTH OF
CARLSBAD VILLAGE DRIVE AND WEST OF HIGHLAND
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: AEGIS OF CARLSBAD
CASE NO.: CUP 00-05
WHEREAS, Aegis Assisted Living LLC., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Hoyt S. Pardee, “Owner”,
described as:
That portion of Tract 119 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 1661, filed in the office of the County
Recorder of San Diego County, March 1,1915.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “K” dated October 18, 2000, on file in the Carlsbad
Planning Department, AEGIS OF CARLSBAD - CUP 00-05, as provided by Chapter 21.42
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of October 2000,
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
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES AEGIS OF CARLSBAD - CUP 00-05, based on the following
findings and subject to the following conditions:
Findinas:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the assisted living facility will provide necessary
housing for elderly residents requiring assistance with daily living needs in an
existing residential neighborhood with community services in close proximity to the
site for the convenience of residents. The facility is small in scale and designed to be
compatible with surrounding single family residential development.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed buildings will meet all setback requirements; building coverage is 31
percent of the lot whereas the zone provides for up to a maximum of 60 percent; 34
percent of the site will be landscaped and include passive outdoor recreational
amenities.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed small scale development and building
design is compatible with surrounding development. The project provides typical
setbacks, driveway access and parking, as well as landscaping and passive
recreational amenities. The southern setback will provide a buffer for adjacent single-
family residences and includes a passive landscaped pedestrian walk.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that required road improvements in accordance with
the Zone 1 Local Facilities Management Plan to Carlsbad Village Drive along the
project’s frontages ensure that the roadway will operate at acceptable levels through
build-out. Two points of ingress/egress to the site from Carlsbad Village Drive will
reduce potential traffic conflicts on the street.
The Planning Commission finds that the project, as conditioned herein for (CUP OO-
05) is in conformance with the Elements of the City’s General Plan, based on the
following:
A. Land Use - The project is consistent with the Office (0) General Plan
designation in that it is a related commercial use providing residence for
seniors requiring assistance with daily living needs, and although the
project consists of 71 commercial living units, these units are not subject
to General Plan or Growth Management density restrictions.
B. Circulation - The project is surrounded by existing roadways operating at
acceptable levels, however, the project is conditioned to construct
additional roadway improvements including curb, gutter and sidewalk on
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Carlsbad Village Drive. These improvements are required by the Zone 1
LFMP to ensure adequate access on Carlsbad Village Drive.
C. Noise - The project is conditioned to require a noise analysis with mitigation
measures to be incorporated into the project that ensure that interior noise
levels do not exceed the City’s 45 dBA CNEL noise standard. Although
exterior noise levels within the gardens facing Cat&bad Village Drive
may reach levels which exceed the City’s 65 dBA CNEL standard utilized
for residential projects, the interior courtyard noise levels are expected to
be less than 65 dBA CNEL. There is no exterior noise standard for this
type of project, however, the project can reasonably comply with the
residential standard.
D. Public Safety - The project is conditioned to construct all required public
improvements in accordance with City standards and to incorporate the
recommendations of the geotechnical analysis prepared for the site into the
grading design.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
Local Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need. Specifically, the project includes the requirement to construct street
improvements on Carlsbad Village Drive and the Public Facility fee is required
to be paid by Council Policy No. 17 and will be collected prior to the issuance of
building permit
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or f?nther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Developmenl
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, and
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format
Developer shall provide proof to the Director from the School District that this project
has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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12. The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
13. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
14. This approval is granted subject to the approval of SDP 00-14 and is subject to all
conditions contained in 4846 for those other approvals.
15. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
16. This Conditional Use Permit is granted for a period of 10 years. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed 10 years upon written application of the permittee
made no less than 90 days prior to the expiration date. The Planning Commission may
not grant such extension, unless it finds that there are no substantial negative effects on
surrounding land uses or the public’s health and welfare. If a substantial negative effect
on surrounding land uses or the public’s health and welfare is found, the extension shall
be denied or granted with conditions which will eliminate or substantially reduce such
effects. There is no limit to the number of extensions the Planning Commission may
grant.
17. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
18. Prior to the issuance of the certificate of occupancy, Developer shall submit to the City a
Notice of Restriction to be tiled in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolutions
No. 4847 on the real property owned by the Developer. Said Notice of Restriction shall
note the property description, location of the tile containing complete project details and
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all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 43 parking spaces, as shown on
Exhibit A.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Enpineerinp:
25. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
26. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
27. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
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Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the Site Plan and the following improvements including, but not
limited to utility services, water mains, valves, thrust blocks, fire hydrants, street lights all
constructed to City Standards to the satisfaction of the City Engineer.
a. Public water main system, including appurtenances.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective 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 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.
The Developer shall place potable water and recycled water services and meters at a
location approved by the Deputy City Engineer - Utilities and show said services on
public improvement plans.
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The Developer shall design and construct public water facilities substantially as shown on
the Site Plan to the satisfaction of the Deputy City Engineer - Utilities and show said
public water facilities on public improvement plans.
The Developer shall place sewer laterals and cleanouts at a location approved by the
Deputy City Engineer - Utilities and show the sewer laterals on public improvement
plans.
The Developer shall design and construct public sewer facilities substantially as shown
on the Site Plan to the satisfaction of the Deputy City Engineer - Utilities and show said
public sewer facilities on public improvement plans.
The Developer shall provide design and construct public facilities within the public right-
of-way or within minimum 20’ wide easements granted to the Carlsbad Municipal Water
District. At the discretion of the Deputy City Engineer - Utilities, wider easements may
be deemed necessary for adequate maintenance, access and/or joint utility purposes.
Code Reminders:
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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1 NOTICE
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3 Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
4 “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of October 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, L’Heureux, Nielsen,
Segall, and Trigas
NOES:
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ABSENT: Commissioner Heineman
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
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