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HomeMy WebLinkAbout2007-11-07; Planning Commission; Resolution 62721 PLANNING COMMISSION RESOLUTION NO. 6272 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A PROFESSIONAL CARE FACILITY WITH 86 5 INDIVIDUAL OWNERSHIP CONDOMINIUM UNITS, AN 11- ROOM ASSISTED CARE UNIT, BASEMENT PARKING 6 GARAGE, AND COMMON DINING AND RECREATION ROOMS ON A PREVIOUSLY GRADED 2.5-ACRE PROPERTY 7 GENERALLY LOCATED IN PLANNING AREA 15 OF THE BRESSI RANCH MASTER PLAN NORTH OF PARADISE 8 ROAD, SOUTH OF TOWN GARDEN ROAD, EAST OF 9 COTTAGE DRIVE, AND WEST OF NYGAARD STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. 10 CASE NAME: CONTINUING CARE FACILITY BRESSI RANCH 11 CASE NO.: CUP 06-17 12 WHEREAS, Health Care Group Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a 14 1 California Limited Liability Company, "Owner," described as 16 Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad, County of San Diego, State of California, according to map 17 thereof No. 14800 on file in the Office of the County Recorder of San Diego County, May 21,200418 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Conditional Use 21 Permit as shown on Exhibits "A" - "T" dated November 7, 2007, on file in the Planning 22 Department, CONTINUING CARE FACILITY BRESSI RANCH - CUP 06-17, as provided 23 by Chapter 21.42 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 7th day of November, 2007, £j 26 hold a duly noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 2° and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 <- B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP 06-17 - CONTINUING CARE 6 FACILITY BRESSI RANCH, based on the following findings and subject to the following conditions: 0 Findings;o 9 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan including 10 the Bressi Ranch Master Plan, in that the project will provide professional care facilities for seniors and that will contribute to the goal of creating a socially integrated community. 12 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 13 in the zone in which the proposed use is to be located, in that the project is a professional care facility for seniors and as such will not involve hazardous 14 materials or operations that will have an affect on neighboring properties. 3. That the site for the proposed conditional use is adequate in size and shape to 16 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required in order 17 to integrate the use with other uses in the neighborhood, in that all of the required development standards of the underlying zone, Non-Residential Planned Development Permit development standards, and the Bressi Ranch Master Plan 19 have been accommodated including onsite parking, height limits and setbacks and no special development considerations were needed to adjust the project for 20 compatibility with the neighborhood. 21 4. That the street system serving the proposed use is adequate to properly handle all traffic 22 generated by the proposed use, in that the Bressi Ranch Master Plan assumed the development of a professional care facility with 200 units which is a greater impact 23 than the proposed project. The environmental impact report prepared for the Bressi Ranch Master Plan analyzed the impacts of the larger project and no 24 significant adverse impacts to traffic were identified. 25 5. The Planning Director has determined that: 26 a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project 27 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 PC RESO NO. 6272 -2- b. this project is consistent with the Master Plan cited above; and 2 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 4 in the prior EIR; and 5 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 6 f. The Planning Commission finds that all feasible mitigation measures or project 7 alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into 8 the project design or are required as conditions of approval for this Subsequent Q Project. 10 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local ,1 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 12 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 13 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. 15 7. 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 16 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 17 Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. 18 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 19 Code Section 14.28.020 and Landscape Manual Section I B). 20 9. 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 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 2<r grading permit or building permit, whichever occurs first. 26 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 27 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; record a notice of violation on the PC RESO NO. 6272 -3- property title; institute and prosecute litigation to compel their compliance with said 2 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. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 4 and modifications to the Conditional Use Permit documents, as necessary to make them c- 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, 6 different from this approval, shall require an amendment to this approval. 7 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. 5 9 4. 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 10 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 j 2 all requirements of law. 13 5. 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 14 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, 16 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 17 (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 jg survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 1 the Site Plan reflecting the conditions approved by the final decision-making body. 22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 8. 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 26 that Plan prior to the issuance of building permits. 27 28 PC RESO NO. 6272 -4- 9. Building permits will not be issued for this project unless the local agency providing 2 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 3 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.4 c 10. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have 6 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 7 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. 9 11. This Conditional Use Permit is granted in perpetuity. This permit may be revoked at 10 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. 12 12. This approval is granted subject to the approval of CT 06-19 and PUD 06-16 and is 13 subject to all conditions contained in Planning Commission Resolutions No. 6270 and 6271 for those other approvals incorporated herein by reference. 14 ., 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 16 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 17 condition, free from weeds, trash, and debris. 18 14. Developer shall provide bus stops to service this development at locations and with 19 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a 20 minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 21 22 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 23 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 24 16. 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 26 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 27 satisfaction of the Planning Director. 28 PC RESO NO. 6272 -5- 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 2 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 3 approved plan. 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan c including surface parking areas, pathway lighting, security lighting, and decorative lighting. All lighting shall be designed to reflect downward and avoid any impacts on 6 adjacent homes or property. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 9 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 12 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. 15 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, 16 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. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6272 -6- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 7th day of November 2007 by the 3 following vote, to wit:4 <- AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 6 NOES: 7 ABSENT: o 9 ABSTAIN: 10 11 JULIE BfAKfeR, Chairperson CARLSBAD PLANNING COMMISSION 131' 14 ATTEST: 15 16 DON NEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6272 -7-