HomeMy WebLinkAbout2007-11-07; Planning Commission; Resolution 62711 PLANNING COMMISSION RESOLUTION NO. 6271
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NON-RESIDENTIAL PLANNED
4 DEVELOPMENT PERMIT TO CONSTRUCT A
5 PROFESSIONAL CARE FACILITY WITH 86 INDIVIDUAL
OWNERSHIP CONDOMINIUM UNITS, AN 11-ROOM
6 ASSISTED CARE UNIT, BASEMENT PARKING GARAGE,
AND COMMON DINING AND RECREATION ROOMS ON A
7 PREVIOUSLY GRADED 2.5-ACRE PROPERTY GENERALLY
LOCATED IN PLANNING AREA 15 OF THE BRESSI RANCH
8 MASTER PLAN NORTH OF PARADISE ROAD, SOUTH OF
9 TOWN GARDEN ROAD, EAST OF COTTAGE DRIVE, AND
WEST OF NYGAARD STREET IN LOCAL FACILITIES
10 MANAGEMENT ZONE 17.
CASE NAME: CONTINUING CARE FACILITY BRESSI
1l RANCH
12 CASE NO.: PUD 06-16
13 WHEREAS, Health Care Group Inc., "Developer," has filed a verified
14 application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a
California Limited Liability Company, "Owner," described as
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Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad,
17 County of San Diego, State of California, according to map
thereof No. 14800 on file in the Office of the County Recorder
18 of San Diego County, May 21,2004
19 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned
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22 Development Permit as shown on Exhibits "A" - "T" dated November 7, 2007, on file in the
23 Planning Department, CONTINUING CARE FACILITY BRESSI RANCH PUD 06-16, as
24 provided by Chapter 21.47 of the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on the 7th day of November, 2007,
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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
2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Planned Development Permit.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 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
9 RECOMMENDS APPROVAL of PUD 06-16 - CONTINUING CARE
FACILITY BRESSI RANCH, based on the following findings and subject to
10 the following conditions:
11 Findings;
12 1. That the granting of this permit will not adversely affect and will be consistent with the
13 Municipal Code, the General Plan, applicable master plan, and all adopted plans of the
City and other governmental agencies, in that the Municipal Code allows for the
14 subdivision of commercial buildings for the purpose of multiple ownerships and the
Bressi Ranch Master Plan specified that up to two-hundred professional care units
may be constructed onsite.
2. That the proposed use at the particular location is necessary and desirable to provide a
17 service or facility which will contribute to the general long-term well-being of the
neighborhood and community, in that the Bressi Ranch Master Plan describes
18 Planning Area 15 as a mixed use neighborhood that will include professional care
units, multi-family units, retail, and the Village Square and that the combination of
uses will contribute to the successful social dynamics of the Bressi Ranch.
20 3. That such project will not be detrimental to the health, safety, or general welfare of
21 persons residing or working in the vicinity, or injurious to property or improvements in
the vicinity, in that the project is a professional care facility for seniors and as such
22 will not involve hazardous materials or operations that will have an affect on
neighboring properties.
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4. That the proposed project complies with all applicable development standards included
within this chapter, in that the proposed project is consistent with all standards of the
25 Bressi Ranch Master Plan and Chapters 21.31 and 21.47 of the Carlsbad Municipal
Code
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5. That the proposed project's site design, and architecture are compatible with surrounding
27 development, in that the project design includes living spaces that face toward the
„„ street, it is consistent with the intent of the mixed use Planning Area 15 of the Bressi
Ranch Master Plan, and it is compatible with the existing surrounding residential
PCRESONO. 6271 -2-
developments which are two-story single family and multi-family residential
2 condominiums with similar architectural features as the proposed project
3 6. The Planning Director has determined that:
4 a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project
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); [15168(c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan EIR 98-04 was certified by the City Council on
July 9,2002 in connection with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant
10 in the prior EIR; and
11 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
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f. The Planning Commission finds that all feasible mitigation measures or project
13 alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are
appropriate to this Subsequent Project, have been completed, incorporated into
the project design or are required as conditions of approval for this Subsequent
, 5 Project.
16 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
jg provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
19 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.
8. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
22 created by this project and in compliance with adopted City standards, in that the project
is being proposed and will be implemented consistent with the requirements of the
23 Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan.
24 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
~s 10. 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
27 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:
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
3 a grading permit or building permit whichever occurs first.
^ 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
6 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
7 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Non-Residential Planned
Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-Residential Planned Development Permit documents, as
12 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.
13 Any proposed development, different from this approval, shall require an amendment to
this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
17 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
in unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
21 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,
23 directly or indirectly, from (a) City's approval and issuance of this Non-Residential
Planned Development Permit, (b) City's approval or issuance of any permit or action,
24 whether discretionary or nondiscretionary, 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
26 the facility of electromagnetic fields or other energy waves or emissions.
27 6. 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.
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PCRESONO. 6271 -4-
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Planning Director from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
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8. This approval is granted subject to the approval of the Tentative Tract Map CT 06-19
and Conditional Use Permit CUP 06-17 and is subject to all conditions contained in
Planning Commission Resolutions No. 6270 and 6272 for those other approvals
incorporated herein by reference.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
0 that Plan prior to the issuance of building permits.o
9 10. 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
10 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.
NOTICE
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,. 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
15 "fees/exactions."
16 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
19 annul their imposition.
20 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
22 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
23 expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 7th day of November, 2007, by the
following vote, to wit:
Douglas, Montgomery, and Whitton
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NOES:
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ABSENT:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
ABSTAIN:
Ou.
JULIE BAKER, Chairperson
CARLSRAD EtANNING COMMISSION
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ATTEST:
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16 DONNEU
Planning Director
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