HomeMy WebLinkAbout1997-04-01; City Council; 14106; Circulation Connection Hosp Way Brighton GardensI IJ
CITY OF CARLSBAD -AGENDA BILL
9B# !Y;!f& TITLE: APPEAL OF PLANNING COMMISSION’S
APPROVAL OF CONDITIONAL USE PERMIT 96-19,
MTG. 3125197 CONDITIONS TO PROVIDE A
CIRCULATION CONNECTION AT HOSP WAY DEPT. FNG C1TYMGR.a
RECOMMENDED ACTION:
Adopt Resolution No. q?- YI* denying the appeal and upholding Planning Commission approval
of Conditional Use Permit 96-19, Brighton Gardens.
ITEM EXPLANATION:
At their regularly scheduled meeting of February 5, 1997, the Planning Commission approved CUP
96-19, Brighton Gardens, which consists of an 84,000 square foot professional care facility that
provides assisted living, skilled nursing, and Alzheimer’s/dementia care services. The project site
is located on the east side of El Camino Real between Hosp Way and Carlsbad Village Drive,
immediately south of the Western Financial Plaza. The project was approved with conditions to
provide a circulation connection from the project site north to Hosp Way.
At the Planning Commission public hearing, Dr. Ray McClave and Ms. Teresa Illich, as
owners/operators of a dental office and daycare center just north of the project, respectively, spoke
in opposition of the connection to Hosp Way. The project applicant, Marriott Senior Living
Services, Inc., has agreed to comply with the Planning Commission condition for providing the
connection.
The appellant’s have expressed concerns about potential traffic conflicts between the project traffic
and operations of the day care center. Specific concerns are detailed in the attached Exhibit 6.
The site has a long history involving access for the development of the Brighton Garden’s property.
In 1982, the City Council approved Specific Plan (SP) 182. In SP 182, the need for and condition
of an access link from Carlsbad Village Drive (CVD) to Hosp Way was approved (see Exhibit 2).
In 1990, Site Development Plan (SDP) 89-14 for Western Financial Plaza, which includes the
dental office and day care owned and operated by the appellant’s, was approved by the Planning
Commission. As a condition of that SDP, and its concurrent subdivision, a condition was placed on
the project to provide access from Hosp Way to the property to the south, SP 182, to complete the
link from CVD to Hosp Way.
In compliance with those conditions, on March 12, 1992 an “Easement Agreement and Covenant
Affecting Real Property” was recorded allowing “the common use and maintenance” of the 40 foot,
32 foot and 30 foot wide access way leading from Hosp Way to the project site. This easement
was included in the CC&R’s for the site on which the dental office and day care were subsequently
built. The easement and its reference to the CC&R’s was further documented in the 1992,
recorded Parcel Map for Western Financial Plaza.
The appellants have indicated that they were aware of the conditions to provide the roadway
connection at the time of development of their property.
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Page 2 of Agenda Bill No. I q ; ! R b
El Camino Real fronting the proposed project and specific plan property is one of the more heavily
traveled roadways within the City. Left-turn access into and out of the site is restricted by the
median island in El Camino Real. Southbound traffic entering or leaving the site will be required to
make U-turns at CVD or Hosp Way. These U-turns will adversely impact traffic on El Camino
Real. Traffic leaving the site that wishes to proceed southbound will be required to cross three
lanes of traffic to enter the left-turn pocket at Hosp Way. These movements will impact the safety
and efficiency of El Camino Real.
The proposed access conditioned by the project will allow two alternative access points to
distribute traffic providing better controlled access for turning movements.
It is important to point out that the proposed project will generate approximately 480 vehicle trips
per day. This is a significant reduction from the 1,720 trips approved with SP 182 for the same
,site. Many of these trips will be by employees serving the site which will be under the supervision
of the care facility.
The appellant’s have expressed concerns about the proximity of the road to play areas at the day
care center and potential for non-project traffic utilizing the access road as a shortcut from
Carlsbad Village Drive to the shopping centers south of Hosp Way.
As was previously pointed out, the access road condition was known at time of development of the
day care center. The playground is fenced and carefully monitored by the staff in conformance
with State law.
The potential for cut-through traffic can be seriously discouraged through utilization of speed
bumps and other traffic control measures. These measures can be incorporated into the final
design of the project and in the subsequent design of Parcels 2 and 3.
RECOMMENDATION
It is staffs recommendation that the Council uphold the Planning Commission and deny the appeal
retaining the alternative access road to enhance the safety and efficiency of traffic on El Camino
Real.
FISCAL IMPACT:
Neither an approval nor a denial of the appeal will have a fiscal impact on the City.
EXHIBITS:
1. Location Map.
2. Site plan showing access points to Brighton Gardens project site.
3. Planning Commission Resolution No. 4034, dated February 5, 1997.
4. Planning Commission staff report dated February 5, 1997.
5. Excerpts from Planning Commission minutes dated February 5, 1997.
6. Appeal, dated February 18,1997.
7. Resolution No. 93 - YI % denying the appeal and upholding Planning Commission
approval of Conditional Use Permit 96-19, Brighton Gardens.
LOCATION MAP
PLAZA CAM/IV0
REAL
PROJECT NAME PROJECT EXHIBIT BRIGHTON GARDENS NUMBER
CUP96-19 I
cm--. ll..lC nlnlrn.” ?-I ---- 3L”I I t”AN3. LArczmA” clvwvLcKwlr “Cl-,. 3
SITE PLAN
CONNECTION TO HOSP WAY
PER PLANNlNG COMMISSION
RESOLUTION NO. 4034
PROJECT NAME PROJECT EXHIBIT BRIGHTON GARDENS NUMBER
CUP96- 19 2
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PLANNING COMMISS~ON~RESOLUTION NO. 4034
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR AN 84,000 SQUARE FOOT
PROFESSIONAL CARE FACILITY ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF EL
CAMINO REAL AND NORTH OF CARLSBAD VILLAGE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 2.
CASE NAME: BRIGHTON GARDENS
CASE NO.: CUP 96-19
WHEREAS, Marriott Senior Living Services, Inc., “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by HSP El Camino
North, Inc., “Owner”, described as
Parcels 2 and 4 of Parcel Map No. 13206, in the City of
Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, March 14,
1984 as File/Page No. 84-092419 of Offkial Records; and
Parcel 3 of Parcel Map No. 13206, filed in the offke of the
County Recorder of San Diego County, California, together
with a portion of lot 5 in Section 32, Township 11 South, Range
4 West, San Bernardino Meridian, according to the Offkial
Plat thereof, all being in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A’‘-“C?’ and “H”-“S” dated February 5, 1997, on tile in the
Carlsbad Planning Department, Conditional Use Permit CUP 96-19, as provided by Chapter
21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of February 1997,
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 ail testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CUP 96-19.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES Conditional Use Permit, CUP 96-19, based on the following
findings and subject to the following conditions:
FindinPs:
1.
2.
The Planning Commission finds that the project, as conditioned herein for Conditional
Use Permit CUP 96-19, is in conformance with the Elements of the City’s General
Plan, based on the following:
a.
b.
C.
Land Use - The use is permitted in the Residential Medium/Office
designation with the approval of a Site Development Plan. In addition the
facility will provide needed senior facilities in an area, North County, that
has an increasing senior population. Provision of this type of facility is
desirable as just one of several types of housing facilities necessary to
accommodate a diverse population.
Circulation - The project is consistent with the City’s General Plan since the
anticipated ADT of 480 will not adversely affect El Camino Real with the
inclusion of a deceleration lane for southbound traffic which will provide
reasonable transition onto the site. In addition, the project has been
designed to comply with the El Camino Real Corridor Development
Standards which protects El Camino Real as a scenic corridor.
Housing Element - The project will contribute to the diversification of
housing opportunities in the City of Carlsbad with the provision of assisted
living units for seniors.
The project has been conditioned to ensure that building permits will not be issued for
the project unless the District Engineer determines that sewer service is available, and
building cannot occur within the project unless sewer service remains available, and the
District Engineer is satisfied that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to sewer service for this project.
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3. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a. All necessary public improvements have been provided or are required as
conditions of approval.
b. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
4. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability
of public facilities and will mitigate any cumulative impacts created by the project.
5. 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.
6. 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 facility will provide needed senior facilities in an
area, North County, that has an increasing senior population. Provision of this type
of facility is desirable as just one of several types of housing facilities necessary to
accommodate a diverse population.
7. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all buildings, circulation and parking requirements have been provided onsite
within the required setbacks and height restrictions.
8. 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 project has an 80 foot front yard setback, a 23.5
foot sideyard setback, a 42 foot rear yard setback and landscaped courtyards and
open space areas.
9. That with the inclusion of a deceleration lane the street system is adequate to properly
handle all traffic generated by the proposed use, in that the project is projected to
generate 480 ADT which can be accommodated by El Camino Real which is a Prime
Arterial.
PC PESO NO. 4034 -3- ?
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10.
11.
The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration, the environmental impacts therein identified for
this project and any comments thereon prior to approving the project. Based on the
EJA Part-II and comments thereon, the Planning Commission finds that there is no
substantial evidence the project will have a significant effect on the environment and
thereby approves the Negative Declaration.
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 cause 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:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit for the
project entitled Brighton Gardens (Exhibits “A “-‘%I” and “H’‘-“S” dated February 5,
1997, on file in the Planning Department and incorporated by this reference, subject to
the conditions herein set forth. Staff is authorized and directed to make, or require
Developer to make, all corrections and modifications to the Conditional Use Permit
document(s), as necessary, to make them internally consistent and in conformity with
final action on the project. Development sh&l occur substantially as shown in the
approved Exhibits. Any proposed development substantially different from this approval,
shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state and local
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect
the conditions of approval by the City. The Plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced, legible version of the approving resolutions on a 24” x 36” blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal
Development Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on July
28, 1987 (amended July 2, 1991) and as amended from time to time, and any
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development fees established by the City Council pursuant to Chapter 21.90 of the
Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s
agreement to pay the public facilities fee dated September 6, 1996, a copy of which is
on file with the City Clerk and is incorporated by this reference. If the fees are not
paid, this application will not be consistent with the General Plan and approval for this
project will be void.
7. This project shall comply with all general and special conditions and mitigation
measures which are required as part of the Zone 2 Local Facilities Management Plan
and any amendments made to that Plan prior to the issuance of building permits. All
applicable conditions will be met through the payment of fees.
8. 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
residential housing 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.
9. This Conditional Use Permit is granted for a period of 10 years. 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 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. 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.
10. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the conditional use permit application.
11. Prior to the issuance of the Conditional Use 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
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interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution
No. 4034 on the real property owned by the developer. 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.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. 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.
All visitor parking spaces shall be striped a different color than the assigned resident
parking spaces and shall be clearly marked as may be approved by the Planning
Director.
An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
No outdoor storage of material shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The developer shall prepare a detailed landscape and irrigation plan in conformance
with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
plans shall be submitted to and approval obtained from the Planning Director prior to
the approval of the final map, grading permit, or building permit, whichever occurs
first. The Developer shall construct and install all landscaping as shown on the
approved plans, and maintain all landscaping in a healthy and thriving condition, free
from weeds, trash and debris.
Building identification and/or addresses 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.
The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities shall include a bus shelter, a bench free from
advertising, a trash receptacle, a boarding pad, and a pole for the bus stop sign. The
shelter and pole shall be designed to enhance or be consistent with the basic
architectural theme of the project. All facilities shall meet ADA regulations and
NCTD standards. NCTD recommends the use of perforated metal screening
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instead of glazing for improved durability.
19. Prior to the issuance of building permits, the Developer shall prepare and record a
Notice that this property may be subject to noise impacts from the existing
Transportation Corridor, in a form meeting the approval of the Planning Director and
City Attorney (see Noise Form #l on file in the Planning Department).
20. Approval of CUP 96-19 is subject to the approval of SDP 96-10, SUP 96-06 and HDP
96-09.
Engineering
21. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project appears to be required. The developer must
submit and receive approval for grading plans in accordance with City codes and
standards prior to issuance of a building permit for this project.
22. No grading for private improvements shall occur outside the lirnits of the project unless
a grading or slope easement or agreement is obtained from the owners of the affected
properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer
must either amend the site plan or modify the plans so grading will not occur outside
the project site in a manner which substantially conforms to the approved site plan as
determined by the City Engineer and Planning Director.
23. Right-of-way shall be dedicated by the owner along the project frontage on El
Camino Real to accommodate a twelve foot wide deceleration lane.
24. The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide 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 approved by 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
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Prior to issuance of building permit, the developer shall file and receive approval
of a boundary adjustment application with the City to adjust the lot lines as shown
on the site plan. This boundary adjustment application shah include the
preparation and recordation of covenants of easement, as required, for parking,
ingress and egress.
Prior to issuance of building permit, the applicant shah obtain, or provide
documentation to the satisfaction of the City Engineer, of a reciprocal access
easement between the project site and the adjacent parcel to the north, including
provisions for maintenance and liability.
Prior to issuance of building permit, the access road located along the rear of
Parcels 1, 2 and3, as shown on the site plan, shah be irrevocably offered as a 30’
wide public access easement. This offer shall be made by separate instrument and
be rejected by the City. Rejections of this irrevocable offer does not eliminate nor
remove the obligation of the applicant to provide improvements for this access
road, which are to be constructed as part of this project and completed to the
satisfaction of the City Engineer prior to building occupancy.
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PC PESO NO. 4034
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards,
the developer shall install, or agree to install and secure with appropriate security as
provided by law, improvements shown on the site plan and the following
improvements:
Street improvements to El Camino Real relative to installation of a
deceleration lane including paving, curb, gutter, sidewalk, alley-type
driveway aprons, and street lights.
Removal and replacement of meandering sidewalk with standard sidewalk
improvements on El Camino Real.
Wheelchair ramps, in conformance with City of Carlsbad standards, at the
driveways to the project fronting El Camino Real.
Improvements listed above shall be constructed within 18 months of approval of the
secured improvement agreement or such other time as provided in said agreement.
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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.
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The structural section for the. access aisles must be designed with -a traffic index of 5 .O
in accordance with City Standards due to truck access through the parking area and/or
aisles with an ADT greater than 500. The structural pavement design of the aisle ways
shall be submitted together with required R-value soil test information and approved by
the City Engineer as part of the building site plan review.
Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
The applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the project.
The applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service vehicles shall
be provided and maintained during construction. When in the opinion of the Fire
Chief, the access road has become unserviceable due to inclement weather or other
reasons, he may, in the interest of public safety, require that construction operation
cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
Prior to building occupancy, private roads and driveways which serve as required
access for emergency service vehicles shall be posted as fire lanes in accordance with
the requirements of section 17.04.020 of the Carlsbad Municipal Code.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other tire protection systems shall be submitted to the Fire
Department for approval prior to construction.
All buildings having an aggregate floor area in excess of 10,000 square feet must be
protected by automatic fire sprinkler systems. Plans and specifications must be
approved by the fire department, and a permit obtained prior to installation.
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Water .
40. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can be
met.
41. The developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
42. Sequentially the developer’s engineer shall do the following:
l Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain G.P.M. demand for domestic and irrigational needs from the
appropriate parties.
l Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
0 Prior to the preparation of sewer, water and reclaimed water improvement
plans, a meeting must be scheduled with the District Engineer for review,
comment and approval of the preliminary system layouts and usages (i.e.-GPM -
EDU)
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This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available at
the time of application for such water service and sewer permits will continue to be
available until time of occupancy.
Some improvements shown on the site plan and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
If any of the foregoing 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.
PC RESO NO. 4034 -lO-
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All roof appurtenances, including air conditionerti, : 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 Planning and Building.
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.
Approval of this request shah 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.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions
and requirements the City Engineer may impose with regards to the hauling operation.
Prior to issuance of a building permit for any buildable lot within the subdivision, the
property owner shall pay a one-time special development tax in accordance with City
Council Resolution No. 91-39.
The developer shall pay all current fees and deposits required.
The 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 the Carlsbad Municipal Code and the City Engineer.
PC RESO NO. 4034 -ll-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of February 1997 by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heineman,
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HwZMtiLER
Planning Director
. - .-
, The City of CABLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION -
ItemNo. 5 0
Application complete date: November 27. 1996
P.C. AGENDA OF: February 5,1997 Project Planner: C. Westman
Project Engineer: K. Quon
SUBJECT: CUP 9th19/SDP 9thlO/SUP 96.06/HDP 96-09 - BRIGHTON GARDENS -
Request for approval of an 84,000 sq.ft., one and three story, professional care
facility consisting of 140 rooms with 160 beds and including both a skilled
nursing facility and an Alzheirner’s/dementia facility on 4.83 acres in Local
Facilities Management Zone 2.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4055
. APPROVING the Negative Declaration and ADOPT Planning Commission Resolutions No.
4034, 4036, 4037 and 4035 APPROVING Conditional Use Permit Cup 96-19; Site
Development Plan SDP 96-10; Special Use Permit SUP 96-06; and Hillside Development Permit
HDP 96-09 based on the findings and subject to the conditions found therein.
II. INTRODUCTION
This application is a request for approval of an 84,000 sq.fi. professional care facility on a vacant
4.83 acre site located on the east side of El Camino Real and north of Carlsbad Village Drive.
The building will have three different types of living areas. The largest area, the three-story
element, provides assisted living for seniors that are relatively independent. None of the units
will have kitchens. All meals will be provided in a common dining facility. The northerly,
single-story element is the skilled nursing facility for residents in need of medical care. The
southerly single-story element is the Alzheimer’s/dementia facility.
The proposed use is allowed within the zone with a Conditional Use Permit and the project
complies with all applicable plans, standards, ordinances, and policies.
III. PROJECT DESCRIPTION AND BACKGROUND
The site is zoned as Residential Professional, has a General Plan designation of Residential
Medium/Office, is vacant and has been graded into large development pads. There are no trees
or other significant vegetation present. To the north of the site is the Western Financial Plaza
which was approved for three buildings but is currently built with a dentist building and a day
care facility. A future addition will be an ofice building. The Western Financial Plaza’s
elevation is approximately 20 feet below the pad of the project site. To the south of the site is an
existing bank/office building. The bank building was approved as part of a larger development
which included the project site. However, since that time those development approvals have
G G-%HffgT 4 19
. CUP 96- 1 g/SDP 96- 1 O/SUP 96-06/HDP 96-09 BRIGHTON GARDENS
FEBRUARY 5,1997
PAGE 2
expired. The primary user of the existing bank building is Wells Fargo Bank. To the east of the
site and at the top of a gently sloping and eucalyptus tree landscaped embankment is the
Tanglewood condominiums. This condominium development is approximately 50 feet above the
project site. To the west, on the other side of El Camino Real are the Rising Glen apartments.
The pad elevation of that development is approximately 40 feet above the project site.
The project itself is proposed as a three story building with north and south single story wings.
The three story element is located central to the site. Primary access to the property will be from
a right-in/right-out driveway on El Camino Real. Access to the site can also be made through a
secondary drive aisle which will run the entire length of the site along the eastern edge of the
property at the toe of the easterly embankment. The secondary drive aisle will connect to
Carlsbad Village Drive to the south and Hosp Way at the north, adjacent to the existing daycare
facility. All necessary parking will be provided onsite. Parking is provided near the building
entry and along the rear. See reduced Exhibit “A”.
The proposed project is designed in an Early California/Spanish style of architecture consistent
with the El Camino Real Corridor Standards. There are two large interior courtyards with
covered walks and gardens. All windows arc multi-paned. Some windows are arched and/or
have the additional treatment of a sill or balcony. The roof is a barrel tile and the walls are
stucco. See reduced Exhibits “B” and “c”.
The application is subject to:
l Residential Professional (RP) Zone: C.M.C. Section 21 .18.040 (4)
l Conditional Uses: C.M.C. Chapter 21.42
l Qualified Development Overlay (Q) Zone: C.M.C. Chapter 21.06
l Hillside Development Regulations: C.M.C. Chapter 21.95
l The El Camino Real Corridor Development Standards
l The Growth Management Ordinance
IV. ANALYSIS
Staff is recommending approval of the proposed project. The following analysis presents the
project’s compliance with the applicable policies and regulations listed above.
GENERAL PLAN/R-P ZONE
The proposed project is consistent with the General Plan Land Use designation of Residential
Medium/Office @M/O), the Circulation Element and the General Plan Housing Element.
-. _-
CUP 96-1 g/SDP 96lo/SUP 96-06/HDP 96-09 BRIGHTON GARDENS
FEBRUARY 5,1997
Because the site has a split General Plan designation and is less than 25 acres. the General Plan
Land Use Element stipulates that a Site Development Plan is required. A Site Development Plan
is being processed. In addition, the project is consistent with the Land Use Element because RM
is character&d as an urban multiple residential area. The project will provide housing for
seniors who require assistance in an apartment like setting. The project is consistent with the
Circulation Element in that it has been designed in accordance with the El Camino Real Corridor
Development Standards which encourage the preservation of El Camino Real as a scenic
corridor. The project is consistent with the General Plan Housing Element because the project
provides senior housing as noted in Objective 3.4 (Senior/Elderly).
The proposed project is consistent with the Zoning designation of Residential Professional (R-P).
Professional Care Facilities are allowed by a Conditional Use Permit and the project has been
designed to satisfy all of the development standards of the R-P Zone.
CONDITIONAL USE PERMIT/SITE DEVELOPMENT PLAN
The proposed project is subject to the approval of a Conditional Use Permit and a Site
Development Plan. Although they are separate applications, the findings required to approve
either are similar. Therefore the following discussion can be applied to both permits.
Uses subject to a Conditional Use Permit (CUP) are declared to possess characteristics of such
unique and special form as to make impracticable their being included automatically in any land
use class. In granting a CUP, certain safeguards to protect the health, safety and general welfare
of the public may be required as conditions of approval. In addition, CUPS may only be granted
when the appropriate findings of fact can be made. Those findings can be made for the proposed
project.
The requested use is necessary and desirable for the development of the community, is
essentially in harmony with 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. The facility will provide a professional care facilities in an area, North County, that has
an increasing senior population. Provision of this type of facility is desirable as just one of
several types of housing facilities necessary to accommodate a diverse population.
The site for the intended use is adequate in size and shape to accommodate the use, in that all
buildings, circulation and parking requirements have been provided onsite within the required
setbacks and height restrictions. The following TABLE I illustrates the project’s compliance
with applicable development standards.
- -
CUP 96-19/SDP 96-l O/SUY 96-06/HDP 96-09 BRIGHTON GARDENS
FEBRUARY 5,1997
PAGE 4
c
.-. ,. .e+.:...: -, __.L A..,
Standard
Front yard setback
Side yard setback
Rear yard setback
Maximum height
Required
20 feet
10 feet
20 feet
35 feet
Provided
80 feet
23.5 feet
42 feet
35 feet
Parking @ .45spaces per bed 72
Development Standards -El CaminoReal Corridor
80
Front yard setback - Building
Front yard setback - Parking
Side vard setback
30 feet
25 feet
N/A
80 feet
30 feet
23.5 feet
Rear ;a.rd setback
Maximum height
N/A
35 feet
42 feet
35 feet
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 site plan is in compliance with all applicable development
standards.
The street system serving the project is adequate to properly handle all traffic generated by the
proposed use, in that the project is projected to generate 480 ADT. However, cars slowing to
enter the site may disrupt an efficient flow of trafftc. Therefore, a deceleration lane is required to
maintain the existing free flow of traffic at this location on El Camino Real.
EL CAMINO REAL CORRIDOR DEVELOPMENT STANDARDS
The intent and purpose of the EL Camino Real Corridor Development Standards is to maintain
and enhance the appearance of the El Camino Real roadway area. The document also is intended
to further the goals of the Land Use and Scenic Highways Elements of the General Plan in their
objective of preserving unique city resources as they relate to highways.
To meet these objectives, the corridor development standards include design guidelines as well
as specific standards. The project’s compliance with the specific standards have been illustrated
in TABLE I above. The design guidelines designate “Old California/Hispanic” as the design
theme appropriate for this segment of the El Camino Corridor. The project building has been
designed to comply with the stated theme. Architectural features include arched windows and
walkways, columns, barrel tile roofs, multi-paned windows, and balconies.
Per the design guidelines, no roof mounted equipment may be visible. The applicant has
proposed the location of two roof-mounted satellite antennas. The antennas are located on the
roof of the Alzheimer’s/dementia wing and are screened by a parapet. No equipment will be
visible from El Camino Real. The design of the parapet is consistent with the overall design of
~.;‘~?~,*X&*..~ 96-19/SDP 96lO/SUp 96-06/HDP 96-09 BRIGHTON GARDENS , -. _; ..>‘I’,< _. ,.~-~~.=~~~~~~,I,-~BRU~Y 5, 1997 ___j” ..&~,...;-T-:’ :.:.+ .pAGE 5
the building.
HILLSIDE DEVELOPMENT REGULATIONS
‘The site is subject to the Hillside Development Regulations because there are interior and
boundary slopes that are greater than 15%. However, the project will not include disturbance of
more than the isolated, interior slopes that were created as a result of previously-authorized
grading. Therefore, the project qualifies as an exclusion to the provisions of the Hillside
Development Regulations because 1) the site has been previously disturbed by authorized
grading; and, 2) disturbed areas are limited to areas of topographic change less than fifteen feet in
height and less than 4,000 square feet in area, which are not a part of the surrounding generalized
slope.
GROWTH MANAGEMENT
” All of the existing facilities near or adjacent to the site are adequate to accommodate the
proposed project except for a deceleration lane required to provide a reasonable transition from
El Camino Real onto the site. The deceleration lane has been included as a .condition of
approval. The project has further been conditioned to pay fees and abide by the requirements of
Growth Management and the LFMP for Zone 2 to ensure continued availability of public
facilities and to mitigate the cumulative grow&h impacts caused by the development.
V. ENVIRONMENTAL REVIEW
There were no significant impacts identified in association with the construction of the proposed
facilities due in great part to the fact that the site is infill, surrounded by development, and has
been previously graded into large development pads. A Negative Declaration was issued by the
Planning Director on November 15, 1996, and notice published for review. No comments were
received.
ATTACHMENTS:
1. Planning Commission Resolution No. 4055
2. Planning Commission Resolution No. 4034
3. Planning Commission Resolution No. 4036
4. Planning Commission Resolution No. 4037
5. Planning Commission Resolution No. 4035
6. Location Map
7. Local Facilities Impact Assessment
8. Background Data Sheet
9. Disclosure Statement
10. Reduced Exhibits “A’‘-“C”
11. Exhibits “A”- “S” dated February 5, 1997.
CW.bk
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PLANNING COMMISSION February 5, 1997 Page 8
ABSTAIN: None
5. CUP 96-19/SDP 96-IO/SUP 96-06/HDP 96-09 - BRIGHTON GARDENS - Request for approval of
an 84,000 sq. ft., one and three story, professional care facility consisting of 140 rooms with 160
beds and including both a skilled nursing facility and an Alzheimer’s/dementia facility on 4.83
acres in Local Facilities Management Zone 2.
Chairperson Nielsen announced to the applicant, Commissioners and the public that the Commission’s
action on this item is final and will not be forwarded to the City Council unless it is appealed within ten (10)
calendar days.
Project Planner Christer Westman described this project as an 84,000 sq. ft., skilled nursing and assisted
living facility in an area zoned for Residential Professional. The property is located between Hosp Way on
the north, Carlsbad Village Drive on the south, and faces El Camino Real. Primary access to the property
will be from a right-in/right-out driveway on El Camino Real with an additional access through a secondary
aisle which runs along the eastern edge of the property. There will be surface parking of eighty (80)
spaces seventy-two (72) of which are required by the Parking Ordinance. Mr. Westman explained that the
project qualifies as an exclusion to the provisions of the Hillside Development Ordinance because 1) the
site has been previously disturbed by authorized grading; and, 2) because disturbed areas are limited to
areas of topographic change less than fifteen feet in height and less than 4,000 square feet in area, which
are not a part of the surrounding generalized slope. Mr. Westman described the architecture to be Early
California/Spanish style consistent with the El Camino Real Corridor Standards. He pointed out that the
Tanglewood Condominiums are located at the top of the slope to the east. Mr. Westman stated that a
Negative Declaration was issued on the project because no significant impacts were found to be created
by the project, that the project has been reviewed for compliance with all applicable codes and policies and
Staff is recommending that the Planning Commission approve the project through the adoption of the
Resolutions as presented.
Commissioner Welshons, referring to Page 11, Paragraph 2, under Circulation, of the Negative
Declaration, asked Mr. Westman to clarify lines 2 and 3.
Assistant Planning Director, Gary Wayne explained that where it reads: These include measures to
ensure the provision of circulation facilities concurrent with need; 2) provisions... it should read: These
include, 1) measures to ensure... etc.
Commissioner Welshons, referring to Resolution No. 4034, Condition # 25, on Page 8, asked about the
Covenants of Easement and the Reciprocal Access Easement, and #27 where it talks about an irrevocably
offered thirty (30) foot wide public access easement that will be rejected by the City.
Mr. Westman deferred to Principal Civil Engineer, Bob Wojcik, who explained that when the project to the
north was approved, the City set up the possibility of access for both the site where the day care center is
and the bank building as well as this project site, in order to gain access to both Carlsbad Village Drive and
Hosp Way. He pointed out that the easement was there prior to any building and is a matter of record.
Commissioner Welshons asked Mr. Rudolf to address the same question regarding the irrevocably offered
thirty foot wide public access easement that will be rejected by the City.
Mr. Rudolf responded by explaining that a street or alley does not become a part of the public system until;
1) it is offered for dedication; and, 2) it is accepted by the City. If the City Council does not take action to
accept it, it is deemed rejected and it stays open, for an indefinite time. There are some kinds of
dedications that carry a twenty-five (25) year limit. Generally, it is open forever and capable of being
accepted at anytime it becomes necessary for pubic use. In the meantime it is owned by the private
MINUTES
PLANNING COMMISSION February 5,1997 Page 9
property owner and must be maintained. He went on to say that in this case, the City has added some
additional requirements for the maintenance of it, even though it is privately owned.
Commissioner Welshons questioned whether or not the owner could erect some type of barrier to
effectively reduce or eliminate the use of the easement.
Mr. Rudolf stated that since it is private property, it could be closed or restricted.
Commissioner Welshons then asked if that would defeat the circulation of this project.
Mr. Rudolf responded that it could and asked Mr. Wojcik if it was conditioned in some other way.
Mr. Wojcik stated that there is a Condition regarding the Reciprocal Access Agreement and Mr. Rudolf
stated that with that Condition, the private agreement would take care of the access.
Commissioner Compas asked if the bus stop is going to be in the main road or the deceleration lane and if
the City has any influence on NCTD.
Mr. Wojcik stated that since there is no deceleration lane the bus stops on the far side of the intersection
on the north side. He added that since that is where they will be starting the deceleration lane, NCTD has
the option of moving the bus stop to the deceleration lane or to continue operating in its present position.
He also stated that the City does not have any particular influence on NCTD.
Chairperson Nielsen invited the applicant to step fonrvard.
Wayne Sant, representing the Marriott Senior Living Services, Inc., 3130 South Harbor Blvd., Suite 430,
Santa Ana, CA, spoke of the fact that this project was actually begun back in the late 1980’s until “times
got tough” and they were forced to put it aside for six (6) years. He stated that when Marriott Senior Living
Services, Inc. decided to start up the project again, they were very happy to see that the property was still
available and entered into a contract with the owners and designed a project they think will be a great
asset to the community. Mr. Sant noted that Marriott Senior Living Services, Inc. is the largest provided of
senior living communities, in the quality tier, operating over seventy (70) communities and serving over
14,000 residents in twenty (20) states. He went on to say that they operate two (2) full service retirement
communities in Southern California, Villa Valencia in Laguna Hills near Leisure World and the Remington
Club in Ranch0 Bernardo. Mr. Sant pointed out that with seventy (70) years of hospitality experience,
Marriott Senior Services has designed unique products and services to provide for the housing needs of
the elderly and one of their concepts is the proposed Brighton Gardens. This project, he added, meets the
growing demand for specialized, yet affordable, housing for those seniors eighty (80) years of age and
older who are in need of some assistance in daily living. Mr. Sant listed all that would be included in the
rents and pointed out a number of other amenities. He spoke of the various in-house care facilities and
the proximity of the project location to freeways, hospitals, shopping, etc. In conclusion, Mr. Sant stated
that Marriott Senior Living Services, Inc. are in agreement with most of the conditions that Staff is
recommending.
Commissioner Welshons, concerned about the possibility of noise pollution in the Tanglewood
Condominium complex, asked Mr. Sant when their outdoor maintenance, i.e., parking lot sweeping, will
take place.
Mr. Sant stated that since this will be a residential community, with normal residential hours, all of the
maintenance, deliveries, etc., will be done during normal daylight hours.
Commissioner Welshons also inquired about the angle of the lights in the outdoor areas.
MINUTES 2$
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PLANNING COMMISSION February 51997 Page 10
Mr. Sant stated that all the lights have been designed to avoid the light reflecting up to the condominiums
above.
Commissioner Compas asked how many people they are expecting to employ at Brighton Gardens.
Mr. Sant stated that they will have quite a few part time employees and there will probably be about fifty
(50) full time employees.
Commissioner Compas then asked about how much revenue they expected to gain each year.
Mr. Sant was unsure of the projected amount of revenue and approximated it to be around $4,000,000 to
$5,000,000.
Commissioner Welshons asked how many of the occupants of the one hundred and sixty (160) beds, do
they expect to be bringing cars.
Mr. Sant stated that they had done a study of ten (10) existing properties (1400 individual units) and the
number of resident owned cars was forty (40) over all.
Commissioner Welshons pointed out that by using those figures, they could expect fifty-four (54) of the
eighty (80) parking spaces to be occupied by fifty (50) employees and four (4) residents.
Commissioner Heineman asked if he had understood correctly, that this facility will be restricted to those
eighty (80) years of age and older.
Mr. Sant stated that the facility will not be restricted but that it is primarily designed for those who require
assisted living.
Commissioner Heineman stated that it appears that all of the traffic that will be generated will be visitors
and employees rather than residents and asked Mr. Sant if they had considered the effect this may have
on Hosp Way.
Mr. Sant stated that the organization does not feel that they generate very much traffic, even with 480
vehicles per day.
Commissioner Heineman pointed out that any increase in traffic on Hosp Way could, indeed, be a
problem.
Mr. Sant queried whether or not they were talking about the same location.
Commissioner Heineman stated that he lives on Hosp Way.
Chairperson Nielsen pointed out that Mr. Sant is talking about the other side of El Camino Real.
Commissioner Heineman stated that he is assuming that some of the people coming out of the back
entrance to the facility will surely driie directly across El Camino and straight up Hosp Way as a means of
a short cut to their destinations. He also stated that people are already doing this and sees the affect that
the increased traffic has had.
Chairperson Nielsen opened Public Testimony.
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PLANNING COMMISSION February 5,1997 Page 11
Dr. Ray McClave, DDS, 2630 El Camino Real, Carlsbad, presented each Commissioner with a small
packet containing a letter and other information relating to the Brighton Gardens project. Dr. McClave
read excerpts from the letter in which he addressed his concern regarding the traffic easement to be used
in the development of this project. He stated that his concern is with the driveway that will act as an
extension of Hosp Way. That driveway, he pointed out, will exit into an already congested parking lot of
the neighboring day care center. He stated that it is his opinion that this would create a hazard for the
children, a possible liability for the property owner and the City. Dr. McClave stated that he feels that the
project is a viable one for the community, but it is his hope that the traffic flow can be redesigned.
Dr. McClave then produced a group of photos (numbered 1 to 12 for identification), which were also
included in the packet, pointed out the several areas of his concern and concluded by saying that he felt
that the regular use of that easement would be a danger to both the community and the properties.
David Dunn, 1782 Terry Lynn Lane, Santa Ana, CA, representing the property owner, stated that the City
had imposed the Access Condition to Hosp Way, when they approved Specific Plan #182A, approximately
ten (10) or twelve (12) years ago, and that condition has been public record long before the Western
Financial property was developed. At that time the developer petitioned the City for relief on that condition
and was refused. Since that time, the developer has spent approximately $250,000 gaining that access,
mainly because they knew the City could ask for it. His client never has felt that the access was needed,
he added, and they don’t feel it is necessary now. Mr. Dunn also pointed out that there is nothing that
could be put on that property that would be so benign, in terms of traffic, as the proposed project. He
recalled that two other very large projects had, in the past, been approved for that site and that the ABC
Children’s Center had been supportive with regard to the traffic light and other things.
Commissioner Heineman pointed out that both Mr. Dunn and Mr. Sant had stated that most of the traffic
will be on El Camino but that it appears to him that most of the traffic will exit onto Hosp Way to get to El
Camino.
Mr. Dunn stated that the employees would probably be the ones to use the exit onto Hosp as they are
most likely to know about that exit while visitors would be using the entrance off El Camino.
Commissioner Savary raised the question of how many employees would be on-site at any given time.
Mr. Sant stated that they will have fifty (50) full time equivalents, meaning there are approximately one
hundred twenty (120) employees, total, with the largest shift of fifty (50) working during the middle of the
day and tapering off to eight (8) or nine (9) through the evening and night.
Teresa Illich, 26024 Sky Dr., Escondido, CA., owner and operator of the ABC Children’s Center,
expressed her concern for the safety of the children with the easement alongside the property. She stated
that when the center was built, they were told that there was an easement, but that if that property were
ever built upon, the easement would be used as an emergency exit and not a highly used road. Ms. lllich
also stated that the playground fence is almost close enough to the road to be able to reach through the
fence and touch the road, and the closeness of that fence to the road is her main concern.
Commissioner Savary asked what type of fencing is used to surround the playground.
Ms. lllich showed a photo of a five (5) foot high, wrought iron fence, and again expressed her discomfort
with the road being in such close proximity to the fence.
Chairperson Nielsen asked the applicant if they wished to respond to the foregoing testimony.
MINUTES Irr
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PLANNING COMMISSION February 5, 1997 Page 12
Mr. Sant , referring to Mr. Dunn’s statement, responded by pointing out that they have tried to work with
Staff and their requirement that that driveway be there, they will absorbed the cost to construct it and will
maintained it, even though they don’t feel it is necessary to have that driveway.
Mr. Sant, in reference to Condition #9, Page 5 of Resolution No. 4034, requested that the Conditional Use
Permit be granted for a period of twenty (20) years as opposed to ten (10) years. The reason for this
request is to satisfy the requirements of the lender who would like to be assured that Marriott Senior Living
Services, Inc., Inc. and Brighton Gardens will be around to satisfy their debt.
Commissioner Monroy asked if they would be willing to accept a condition requiring the developer to build
or erect a wall or fence, or other alternative, to protect the safety of the children.
Mr. Sant answered that they would be willing to accept such a condition, within reasonable limits.
Commissioner Heineman asked if, aside from the City requirement, anything that makes it necessary for
the developer to have that easement open all the way to Hosp Way.
Mr. Sant answered “no”, and added that from an operational standpoint, they don’t feel the need for the
open easement but are willing to comply with Staffs requirement.
Commissioner Heineman asked if Mr. Sant knows if there is an “emergency” requirement for the
easement.
Mr. Sant stated that he was not aware of the emergency services requirements.
Maryann Monk, 2813 Via Tapacio, Carisbad, a member of the Tiberon Carlsbad Homeowners Association,
expressed their concurrence with the proposed Brighton Gardens, as they currently understand it. She
stated that, over the years, traffic problems related to earlier proposed projects for that site have been a
concern. However, she continued, they do not have a problem with the proposed Brighton Gardens.
John Cortes, 2999 Via la Paz, Carlsbad, a resident of “Tanglewood”, stated that in his opinion this project
is in the best interest of all members of the Tanglewood Homeowners Association. He also stated that, in
his experience, this project will produce the very least amount of traffic and that any impact on Hosp Way
can be overcome.
Seeing no one else wishing to give testimony, Chairperson Nielsen closed Public Testimony.
Mr. Wojcik explained the history of this property and pointed out that the City has always required that the
easement be open, particularly because there is more property to be developed at the south end of the
site. He indicated, on the site map, exactly where and how the property will be accessed. Mr. Wojcik also
stated that if the current occupants of the adjoining properties have been incorrectly advised that the
easement would only be used for emergency purposes, the Engineering Department would have had no
control over that. Mr. Wojcik also indicated that, at it’s closest point, the road is twenty (20) feet from the
day care center building and the play area and the distance increases as it proceeds to the south.
Mr. Wayne indicated that when the Site Development Plan for the bank building and child care center
came before the Commission, there was wncem regarding this easement and the Commission was
assured that the operation of the child care facility was such that there would not be unattended children
walking into the area and by law, the operators of the facility were required to go out and physically escort
the children into the center or the children had to be escorted by their parents. He added that those
concerns were allayed by the legal requirements for the facility. Mr. Wayne also pointed out that this
easement existed at that time.
MINUTES
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PLANNING COMMISSION February 5,1997 Page 13
Commissioner Heineman asked Mr. Wayne if, in fact, the easement was in existence prior to the
establishment of the child care center.
Mr. Wayne responded by stating that he is uncertain as to whether it was a recorded easement, at that
time, but that the City plans for this property have always included some way to get in and out of that site
for an easy access left turn. He added that this has always been a problem on this site.
Mr. Wojcik stated that the easements were of record when the property to the north was subdivided and
that those easements are shown on the parcel map. He also stated that the Offers of Dedication to the
City, as well as the Reciprocal Access Agreements show on the record map. Mr. Wojcik declared that the
last traffic count on the west side of El Camino at Hosp, totaled approximately 2946 ADT (in both
directions) and the typical forty (40) ft. wide city street can typically handle up to 5,000 ADT. He added
that at the entry to the shopping center there is approximately 2700 to 2800 ADT and since the project is
not yet there, the assumption would be that 2700 ADT is either accessing the shopping center or the
dentist office/day care area. Mr. Wojcik pointed out that the traffic would lessen, substantially, beyond the
first intersection on Hosp Way.
Commissioner Compas, for clarification, asked if the primary access to the facility for southbound traffic
will be Hosp Way and was answered in the affirmative. He also asked what the distance from the day
care fence is to the road. Staffs response was that, at it’s closest point, the road is about seven (7) feet
from the fence and increases to approximately one hundred twenty (120) as it continues south.
Commissioner Compas asked Mr. Westman to state the Planning Department’s position regarding a
request for a twenty (20) year CUP.
Mr. Westman responded that the CUP years have been increased from five (5) to ten (lo), based on a
substantial initial investment of well over $l,OOO,OOO. He went on to state that there has never been any
Staff discussion regarding a twenty (20) year CUP, so he could not state a position.
Mr. Wayne stated that Staffs position is to follow Council Policy of a ten (10) year CUP, based on a
substantial capital outlay of over $1 ,OOO,OOO.
Commissioner Welshons, for clarification, asked Mr. Wojcik to outline exactly where the site is and state
how much of the property will still be available for development.
Mr. Wojcik pointed out the proposed Marriott site as well as the undeveloped area.
Commissioner Welshons asked if the easements in question are critical to the now undeveloped property.
Mr. Wojcik answered aftlrmatively.
Commissioner Monroy explained his concern, despite the fact that this is the lowest traffic type of project
possible, for the possible future over use (as a short-cut) of the easements at the back of the properties
and asked Mr. Wojcik to comment.
Mr. Wojcik stated that there is always the potential for increased traffic, no matter what kind of design you
have for a street or for how much ADT there will be, but, the Engineering Department does not feel that the
potential is any greater at that location as it would be for any other place in that commercial center.
Commissioner Monroy stated his wncem over the fact that there is no condition to wver this issue and if
a problem develops, the City will have to solve the problem of liability and cost.
MINUTES
2’7
PLANNING COMMISSION February 5,1997 Page 14
Commissioner Compas asked for an estimate of the number of residents to the east of the project site and
presented the hypothetical question; if those residents are headed to the Von’s shopping center, what
percent of those people would be likely to use these easements as a short-cut to the centet?
Mr. Wojcik stated that he has tried to use the easements to avoid traffic and has wound up further back
than if he had stayed on El Camino and does not feel that very many would be inclined to use that “short-
cut.”
Commissioner Welshons, with reference to future development, asked if Staff could control the placement
of buildings, i.e., stagger the buildings, so that a motorist would have to make several turns around the
buildings in order to negotiate his way to or from Hosp Way.
Mr. Wojcik agreed this type of circulation could be included in a Site Development Plan.
Commissioner Welshons also questioned whether or not sufficient controls could be placed on either area,
via the Conditional Use Permit process.
Mr. Wojcik stated that this was somewhat the main reason why they asked for an Offer of Dedication that
would not be accepted at this time, so that if there is a problem (one way or another), if the property owner
put up some sort of barrier, the City could accept the easement and thereby take down the barrier;
likewise, if a serious problem developed and the property owners are unwilling to do anything, again the
City could accept those easements and with the rights that go with those easements, the City could erect
whatever measures necessary with Condition #27.
Commissioner Compas inquired about putting in speed bumps.
Mr. Wojcik stated that the construction of speed bumps would be completely up to the developers and his
assumption is that they are going to do just that, since it is private. He added that the City, if it were to
acquire the easements, has a policy of not allowing speed bumps.
Commissioner Compas, referencing the yet undeveloped parcel, asked if a road could be built between
the two parcels at the time that the second area is developed.
Mr. Wojcik responded that it might be possible but that it would be limited to right-in/right-out only.
Commissioner Monroy, for clarification, asked if the occupants of the bank building and/or the day care
center will be allowed to appear before the Council, at some future date, should a traffic problem become a
reality and was answered affirmatively.
Commissioner Heineman asked to be shown where the south entrance to the shopping center is located,
as it relates to Hosp Way.
There being no further questions of Staff by the Commissioners, Chairperson Nielsen opened Commission
discussion.
Commissioner Noble stated his support for the construction of this facility and finds no problem with either
parking or traffic. He also pointed out that the length of a CUP is really not important because if or when a
problem arises, the owner is not going to jeopardize a multi-million dollar project by ignoring his
responsibilities which would result in his CUP being canceled. He stated, however, that he was also
under the impression that the easement would probablv only be used for emergency purposes.
MINUTES 163
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PLANNING COMMISSION February 5,1997 Page 15
Commissioner Compas stated his support of the project, that he considers it the best use of that land over
all other projects that have been suggested for it. He added that he does not agree with extending the
CUP to twenty (20) years.
. . u Commissioner
Heineman stated he supports the project, that it’s an excellent use of the site, certainly preferable
to the supermarket which was proposed for that same area, however he does have considerable
misgivings about what’s going to happen there by the playground. He further stated that he is
glad it is a conditional use permit because he thinks we may have to open it up if there’s a
problem there, and he anticipates a problem at this point.
project that came before the Commission and the number of trips that were proposed with that
project, this is a definite improvement and a very good use of that site and it does look like a good
project. She too is concerned about the Hosp Way entrance as well as the widths of the
easements. If anything it seems like perhaps the shopping center wasn’t properly designed to
allow the street to flow through the project, and to the easements, with the islands in the parking
lot. Maybe those need to be amended. At some point, the shopping center may need some
alteration some day, some way to make it flow. But she does think that the easement is necessary
for the circulation of the project and the other land uses along there. She would support Council’s
Policy regarding 1 O-year CUPS.
ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning
Commission Resolution No. 4055, approving the Negative Declaration and adopt
Planning Commission Resolutions No. 4034, 4036, 4037, and 4035, approving
Conditional Use Permit CUP 96-19; Site Development Plan SDP 96-10; Special
Use Permit SUP 96-06; and Hillside Development Permit HDP 96-09, based on
the findings and subject to the conditions found therein.
Chairperson Nielsen commented that he considers that this is a better project for that site than has ever
been suggested and that if a problem regarding the easements arises, he feels that a solution can be
achieved.
VOTE:
AYES:
NOES:
ABSTAIN:
7-o
Nielsen, Noble, Heineman, Monroy, Savary, Welshons and Compas.
None
None
6. ZCA 91-65fA)RCA 91-66(A)RCA 92-62(A)tZCA 92-644AUZCA 9305fA)l LCPA 9342(AVLCPA
95-61(A) - COASTAL COMMISSION MODIFICATIONS TO CARLSBAD AFFORDABLE
HOUSING ZONING PROVISIONS AND LOCAL COASTAL PROGRAM LAND USE PLAN
AFFORDABLE HOUSING POLICIES - A request for approval of amendments to affordable
housing provisions of the zoning code and affordable housing policies of the local coastal program
land use plans to accept modifications made by the California Coastal Commission.
Chairperson Nielsen announced to the applicant, Commissioners and the public that if the Commission
recommends approval of this item, it will be forwarded to the City Council for its consideration.
MINUTES
APPEAL FORM
I (We) appeal the decision of the %wr-/f/vc- ~~H-~~/J~~@A’
to the Carlsbad City Council.
Date of Decision you are appealing: z/&G 7
Subiect of Ameal:
BE SPECIFIC Examples: if the action is a City Engineer’s Decision, please say so. If a project has
multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please
list them all. If you only want to appeal a part of the whole action, please state that here.
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Reason(s) for Ameal: l Please Note l Failure to specify a reason may result in denial of
the appeal, and you will be limited to the grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local
laws, plans, or policy?
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NAME (please print) ADDRESS: Street Name & Number
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Zip Code
1200 Carlsbad Village Drive - Carlsbad. California 92008-l 989 - (619) 434-2808
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- PPZA FAM!LY DENTAL
RAY N. MKLAVE, D.D.S. & ASSOCIATES
February 5, 1997
Dear Planning Commission Members:
This letter is to voice my concern about the traffic easement to be used in the development
of Brighton Gardens (Case file CUP 96-19/SDP 96-lo/SUP 96-06/HDP 96-09).
My concern is with the driveway which will act as an extension of Hosp Way. The
driveway of the new project will exit into the already congested parking lot of ABC
Children’s School. This parking area is busy all day with children coming and going.
This driveway would be to the back entrance of the proposed care facility.The traffic
would be routed off Hosp Way up the hill right next to the children’s classroom and play
area. All of this added together would equal an inadequate road way, small children and
large delivery trucks. This would create a hazard for the children and a possible liability to
the property owners and the city.
I feel that the planned Care facility is a viable project for the community. But I would hope
the traffic problems could be redesigned so it does not encroach an already overburdened
traffic area.
Sincerely,
Ray N. McClave, D.D.S.
enc.
2630 El Camino Real l Carlsbad, CA 92008 l (6 19) 434- 176 1
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I m CHILDREN’S CENTER
427- 1 College Boulevard, Oceanside CA 92057 (619) 724-5153
2634 El Camino Real. Carlsbad. CA 92008 (619) 434-7143
February 10, 1997
City of Carlsbad
Planning Department
2075 Las Palmas Dr.
Carlsbad, CA 92009
Dear Christer Westman:
This letter is to voice my concern about the road planned to be built with the Brighten Gardens’
Development. (CUP 96-l S/SDP 96-l O/SUP 96-06/HDP 96-09)
I attended the public hearing, and heard two misconceptions that I want to bring to your
attention:
1. The fenced area on the side of our building is part of our playqround space required
by state licensing, and children do play there.
I am very concerned about the closeness of the road to our side playqround. The turn seems
sharp, and danqerouslv close to our fence. Traffic noise, and fumes also concern me.
2. The parking in front of our building is heavilv used by our parents when bringing and
picking up their children. We have approximately 125 cars coming and going each day that back
out directly into Hosp Way. Morning and evenings the front parking is full, as well as the
parking across Hosp by the bird feeder store.
Currently our families have no problem with backing out into Hosp, but I am concerned that
they will have a problem backing out of ABC Children’s Center when the road is built going
through to Carlsbad Village. Having easy in and out access to our school is a must for parents
that are in a hurry to get to and from work every day. I’m concerned that Brighten Garden
employees and traffic from Carlsbad Village will use the road to bypass traffic on El Camino that
is backed up in the evening, and that big trucks will frequent the road to save from making a U-
turn on El Camino.
Please look carefully at the closeness of the road to our playground. When I physically walked
off the distance of the road from our side playground, I was very uncomfortable with the
closeness. Is this road really necessary? Can it be relocated elsewhere? ABC Children’s
Center, Dr. McClave owner of the Adjacent lot, and Briqhten Gardens would prefer it not to be
built L
Sincerely,
-_- \ .’ t--t. L < .) i- ._ ,’ ,Jpp? ’ i’
Teresa Illich,
Owner
“Hecomnended h.y kids everywhere”
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Exhibit 7
RESOLUTION NO. 97-412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING APPELLANTS APPEAL
AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL
OF CONDITIONAL USE PERMIT 96-19 WITH CONDITIONS TO
PROVIDE A CIRCULATION CONNFCTION AT HOSP WAY.
WHEREAS, a verified application for a Conditional Use Permit for certain property to wit:
Parcels 2 and 4 of Parcel Map No. 13206, in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, March 14, 1984 as File/Page No. 84-092419 of Official
Records; and
Parcel 3 of Parcel Map No. 13206
of California.
the County Recorder of
of lot 5 in Section 32,
eridian, according to the
unty of San Diego, State
has been filed with the Ci ning Commission; and
day of February, 1997 hold a duly
consider said application for Conditional Use
Resolutions No. 4034
WHEREAS the
City Council; and
WHEREAS, on March
d on the 5” day of February, 1997, after hearing
and testimony of all people desiring to be heard adopted
application for Conditional Use Permit 96-19; and
pealed the decision of the Planning Commission to the
97, the City Council of the City of Carlsbad held a duly
noticed public hearing as prescribed by law to consider said appeal at which time the Council
considered all arguments and evidence concerning the appeal; and
l/l
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WHEREAS, at said public hearing after consideration of all the evidence, testimony,
argument of those persons present and desiring to be heard, the City Council upheld the
Planning Commission’s approval which would deny the appeal.
NOW, THEREFORE, BE IT il of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of Planning mission in Resolution No. 4034
on file in the City Clerk’s office and made a part hereof, co te the findings and decision of the
City Council.
3. That the Planning Commission’s appr of Conditional Use Permit 96-19 is
hereby confirmed and the appeal of that decision is ied based upon the facts set out in the
Planning Department Staff Report 1997, the evidence before the Planning
Commission, the evidence as set forth in City ncil Agenda Bill No. , and the
testimony before the City Council all of which ar corporated herein by reference. Specifically:
Approval of the Conditional Use Per and implementation of the site plan
which requires the addition of a dr sle between Hosp Way and Carlsbad
Village Drive which would improve ss to the site and, in staffs opinion,
would further enhance the safety of flow on El Camino Real.
4. This action is final the da his resolution is adopted by the City Council. The
provision of Chapter 1 .I6 of the Carls Municipal Code, “Time Limits for Judicial Review” shall
apply:
Ill
Ill
Ill
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Ill
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I “NOTICE TO APPELLANT’
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The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in
the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or
other paper seeking judicial review must be filed in the a iate court not later
than the ninetieth day following the date on which this ron becomes final;
however, if within ten days after the decision becomes a request for the
record of the proceedings accompanied by the require osit in an amount
sufficient to cover the estimated cost of preparatio ch record, the time
within which such petition may be filed in court is ex to not later than the
thirtieth day following the date rsonally delivered
or mailed to the party, or his attorney of record, i s one. A written request
for the preparation of the record of the proce shall be filed with the
City Clerk, City of Carlsbad, 1200 Carlsbad Vill rive, Carlsbad, California
92008.”
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PASSED, APPROVED AND ADOPTED at a lar meeting of the Carlsbad City Council
held on the day of by the following vote, to wit:
AYES:
NOES:
ABSENT:
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Al-l-EST:
CLAUDE A. LEWIS, Mayor
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(SEAL)
. ” i.. - --J -. i-+qewW.+. U,Qw- I L
* \ 1 -
PLAZA FAMILY DENTAL
tAY N. MKLWZ, D.D.S. & ASSOCIATES
MEMO
To:
From:
Date:
Subj:
-<-. , .
\TF * crJY ,?/iAN4SER 1
Honorable Bud Lewis and City Councilmembers
Ray N. McCIave, D.D.S.
March 24, 1997
Continuance of AppeaI, Hasp Way easement
Dear Sir(s):
I her&y, respectfUlly, ask for a continuance on my abovenzferenced appeal from this
Tuesday to the next avaiiabie agenda where it can be heard by a full counsel.
Thank you.
Sincerely,
qF%z&c-
Ray N. McClave, D.D.S.
cc: Ran Pachett, Ciiy’Manager
Christer Westman, City Planning Dept.
2630 El Camino Real l darlsbad, CA 92008 l (619) 434-1761
Zd W::ST L66T W ‘-“W CXLtCP6T9 : ‘ON w ItJlN3a AlIbJtM ‘SW-Id : wotlzl
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To: *City Manager
From: Christer Westman
Subject: Brighton Gardens appeal: tonight’s City Council
Date: 3/25/97 Time: 7:53AM
I have spoken with Marriott and they are OK with a continuance of the Brighton Gardens appeal
for one week. They do not plan to attend the meeting tonight under the assumption that McClave
will also not be there and the Council will grant the request for a continuance. Should I direa
them otherwise?
CHRISTER CWEST EX:4448