HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 55921
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PLANNING COMMISSION RESOLUTION NO. 5592
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TO CONSTRUCT 311 INDEPENDENT LIVING UNITS, 23
AmACHED VILLAS, 29 GARDEN VILLAS, A COMMONS
BUILDING AND A RECREATION BUILDING ON PROPERTY
GENERALLY LOCATED NORTH OF LEVANTE STREET
AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 23.
CONDITIONAL USE PERMIT AMENDMENT CUP 98-01(A)
CASE NAME:
CASE NO.: CUP 98-01(A)
LA COSTA GLEN - NORTH SITE
WHEREAS, Continuing Life Communities LLC, a California Limited
Liability Company, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
All that portion of Lots 1, 7, 8, and 9 and Levante Street and
Rush Rose Street of City of Carlsbad Tract No. 92-08, Green
Valley, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 13997, filed in the
Office of the County Recorder of San Diego County, July 10,
2000
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “Z,” “Al” - “A59,” and “Ll” - “L11” dated
April 7,2004, on file in the Planning Department, LA COSTA GLEN - NORTH SITE - CUP
98-01(A), as provided by the conditions of approval of CUP 98-01 and Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 2004 and on
the 21st day of April 2004 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment; and
WHEREAS, on January 6, 1999, the Planning Commission approved CUP 98-
01, as described and conditioned in Planning Commission Resolution No. 4449.
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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA GLEN - NORTH SITE - CUP 98-01(A) based on
the following findings and subject to the following conditions:
Findinps:
1. 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 a continuing care retirement community is considered
an alternative for the long-term residential, social, and health care needs of
California’s elderly residents, and a way to provide a continuum of care, to
minimize transfer trauma, and to allow for the provision of social and health care
services in an appropriately licensed setting. The project is consistent with all the
requirements of the Green Valley Master Plan and Final Program EIR 92-03. The
City Council approved the Master Plan in 1996 and made the finding that the Green
Valley Master Plan implements the General Plan and is consistent with the goals,
objectives, and policies of the General Plan. The first phase of the project, through
implementation of the Master Plan, provided for the following: (1) the provision of
the necessary circulation element roadways and improvements (Levante Street,
Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the
wetland and upland areas within open space lots; (3) the construction of a public
trail; (4) provisions for affordable housing; (5) implementation of the mitigation,
monitoring, and reporting program for Program EIR 92-03; and, (6) compliance
with the Local 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 the use, in
that the project meets or exceeds all City policies and the development standards of
the Green Valley Master Plan, including landscaping, pedestrian access, lot size and
coverage, setbacks, parking, building height, recreational open space, and
recreational vehicle storage space.
PC RES0 NO. 5592 -2-
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3. 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 (1) the buildings are setback more than 65 feet from
the nearest public street; (2) the site has perimeter fencing/walls including chain
link, masonry block, and wrought iron; (3) extensive ornamental landscaping and
native habitat restoration is provided; and, (4) large areas of open space,
topography, and the first phase of development separate and buffer the site from
surrounding residential, commercial, and transportation land uses.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed onsite private street system has
been designed to meet all of the City private street design standards including back
up distance, corner sight visibility, street widths, intersection spacing, and length of
cul-de-sacs. All off-site public street improvements have been completed by an
earlier phase of this project. No additional off-site public street improvements are
necessary.
5. The Planning Director has determined that:
a. the project is a subsequent activity of the Green Valley Master Plan for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA];
b. this project is consistent with the Master Plan cited above;
c. EIR 92-03 was certified in connection with the prior Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR,
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist;
f. all feasible mitigation measures or project alternatives identified in the EIR 92-03
which are appropriate to this Subsequent Project have been completed in phase
one, incorporated into this Subsequent Project, or are required as ongoing
conditions of approval for the overall project.
6. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
7. 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.
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Conditions:
PC RES0 NO. 5592
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or building permit issuance whichever occurs first.
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 further 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 Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the ConditionalXJse Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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.
Developer shall implement, or cause the implementation of, the Green Valley Master
Plan Mitigation Monitoring and Reporting Program.
Developer/Operator shall and does hereby agree to indemnifl, 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, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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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.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito High School Districts
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 23 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Development of the La Costa Glen -North Site (phase two) is subject to this
Planning Commission Resolution No. 5592 which supercedes Planning Commission
Resolution No. 4449.
This approval is granted subject to the approval of SDP 98-01(A) and CDP 98-04(A) and
is subject to all conditions contained in Planning Commission Resolutions No. 5590 and
5591 for those other approvals incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 24 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.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
If grading must be prohibited from March 1st to October 1st for Least Bells Vireo,
grading activities are allowed during a portion of the “rainy season.” ’All erosion control
and re-vegetation measures must be fully implemented prior to the grading prohibition
period. Any extensions must receive written approval of the City Engineer and the
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responsible wildlife agencies (California Department of Fish and Gamemnited States
Fish and Wildlife Service).
This Conditional Use Permit shall be reviewed by the Planning Director periodically to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a Conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.
Prior to issuance of a building permit, the Developer shall take the following actions to
the satisfaction of the Planning Director in relation to the open space lot(s):
a. Select a conservation entity, subject to approval by the City, that possesses the
necessary qualifications to hold title to the open space lot(s) and manage it for
conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
Based on the results of the PAR, provide a non-wasting endowment to the
selected conservation entity in an amount sufficient for management and
monitoring of the open space lot(s) in perpetuity.
Concurrent with recordation of the final map, transfer fee title to the open space
lot(s) to the selected conservation entity.
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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. 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.
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 #1 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 23, pursuant to Chapter 21.90. All such
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taxedfees 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.
22. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered fi-om 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.
23. Prior to the issuance of the first building permit, Developer shall submit to the City a
Notice of Restriction to be filed 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 Conditional Use Permit by Resolution No.
5592 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and 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.
24. 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.
25. 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.
Code Reminders:
26. 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.
27. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
29. 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
Direcfor prior to installation of such signs.
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NOTICE
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
“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 feedexactions 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 21st day of April 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOYZd R
Planning Director
PC RES0 NO. 5592 -8-