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HomeMy WebLinkAbout2004-06-08; City Council; 17658; La Costa Glen - north siten w [I= Q o> a a .. z 0 F 0 4 J G z 3 0 0 /’ AB# 17,658 PII TITLE: / LA COSTA GLEN - NORTH SITE SDP 98-01 (A)/CDP 98-04(A) MTG. 6-8-04 DEPT. PLN & DEPT.HD. b@$ * CITY ATTY. CITY MGR RECOMMENDED ACTION: Project application(s) That the City Council ADOPT Resolution No. , DETERMINING that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA, and APPROVING Site Development Plan Amendment SDP 98-01 (A) and Coastal Development Permit Amendment CDP 98-04(A) as recommended for approval by the Planning Commission. 2004-181 Administrative Reviewed by and To be Reviewed - Approvals Final at Planning Final at Council SDP 98-01 (A) CDP 98-04(A) CUP 98-01 (A) Commission X X X On April 21, 2004, the Planning Commission conducted a public hearing for the proposed amendment to the La Costa Glen site plan and residential unit mix. As required by the Green Valley Master Plan, both the Site Development Plan and Coastal Development Permit were previously approved by the City Council, and, therefore, amendments to these permits must also be acted on by the City Council. Because the project is within 100 feet of a wetland, the Coastal Development Permit is appealable to the Coastal Commission. The request is to amend the site plan and residential unit mix of the remaining un-built “north site” to accommodate 31 1 independent living units, 52 villa units (23 attached and 29 garden villas), a commons building, recreation building, and a maintenance building on 27.76 acres. If approved, the amended site plan and uses will replace the current approval, which consists of 1 17 villa units and no common use buildings. Current La Costa Glen residents attended the Planning Commission hearing and those who spoke were in favor of the future expansion of the La Costa Glen community. The Planning Commission discussed the merits of the proposed amendments, and voted 7-0 to approve an amendment to the Conditional Use Permit and to recommend approval of an amendment to both the Site Development Plan and Coastal Development Permit to the City Council. A full disclosure of the Planning Commission’s discussion is included in the attached minutes. A complete description and staff analysis of the proposed amendments is included in the attached report to the Planning Commission. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that since the proposed changes to the project are confined to the same footprint of development as the original approval; that the anticipated Average Daily Traffic (ADT) will be less than assessed in the Green Valley Master Plan Final Program Environmental Impact Report (EIR 92-03); and that the project will implement the same mitigation measures adopted for the Master Plan for secondary impacts such as shielding lighting adjacent to the riparian corridor, that no potentially significant impacts would result PAGE 1 OF AGENDA BILL NO. 17,658 Facilities Zone Local Facilities Management Plan Growth Control Point Net Density Special Facility Fee with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for EIR 92-03, dated February 1996. EIR 92-03 evaluated the potential environmental effects of the development and operation of the “Green Valley Master Plan’’ including analysis of traffic circulation, water quality, biological resources, land use and landform alteration and associated actions inclusive of development of the Master Plan Planning Area 3. 23 Adopted N/A NIA N/A The City Council certified EIR 92-03 in February 1996. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 92-03 that are applicable to the proposed project have been completed in phase one of the development plan, incorporated into the project design or are required as ongoing conditions of approval for the overall project. The EIR 92-03 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Green Valley Master Plan Final Program EIR. The proposed project will not have effects beyond those analyzed in the program EIR since the proposed changes to the project are confined to the same footprint of development as the program analyzed earlier; that the proposed onsite landscape and recreation improvements are similar is size and scope as the program analyzed earlier; and that the anticipated Average Daily Traffic (ADT) will be less than that projected in the program analyzed earlier. This project is within the scope of Final Program EIR 92-03 and no further CEQA compliance is required. EIR 92-03 and the respective initial studies for each application are available in the Planning Department. FISCAL IMPACT: No fiscal impacts to the City have been identified. All improvements and operations will be funded by the applicant. GROWTH MANAGEMENT STATUS: EXHIBITS: 1. City Council Resolution No. 2004-181 2. Location Map 3. 4. 5. Planning Commission Resolutions No. 5590 and 5591 Planning Commission Staff Report, Dated April 7, 2004 Draft Excerpt of Planning Commission Minutes, Dated April 21 , 2004. DEPARTMENT CONTACT: C hrister Westman, (760) 602-46 1 4, cwestaci. carls bad. ca. us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOP- MENT PLAN AMENDMENT (SDP 98-01A) AND COASTAL DEVELOPMENT PERMIT AMENDMENT (CDP 98-04A) TO ALLOW THE CONSTRUCTION OF 31 1 INDEPENDENT LIVING UNITS, 23 ATTACHED VILLAS, 29 GARDEN VILLAS, A COMMONS BUILDING, RECREATION BUILDING AND A MAINTENANCE BUILDING ON PROPERTY GENERALLY LOCATED NORTH OF LEVANTE STREET AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: CASE NO.: LA COSTA GLEN - NORTH SITE SDP 98-01 (A)/CDP 98-04(A) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 21, 2004, hold a duly noticed public hearing as prescribed by law to consider a Site Development Plan Amendment (SDP 98-01 A) and Coastal Development Permit Amendment (CDP 98-04A); and WHEREAS, the City Council of the City of Carlsbad, on the 8th day of June , 2004, held a duly noticed public hearing to consider the Site Development Plan Amendment (SDP 98-01 A) and Coastal Development Permit Amendment (CDP 98-04A), and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to SDP 98-01 (A) and CDP 98-04(A); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the Site Development Plan Amendment (SDP 98-01A) and Coastal Development Permit Amendment (CDP 98-04A) are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5590 and 5592, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.1 6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 3. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “NOTICE TO APPLICANT” 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 review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 8th day of June , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard A NOES: None ATTEST: (SEAL) Resolution No. 2004-181 Page Two -2- 4 EXHIBIT 2 SITE \ -uJ LA COSTA GLEN NORTH SITE SDP 98-01 (A)/CDP 98=04(A) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5590 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT UNITS, 23 ATTACHED VILLAS, 29 GARDEN VILLAS, A COMMONS BUILDING AND A RECREATION BUILDING ON PROPERTY GENERALLY LOCATED NORTH OF LEVANTE STREET AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. SDP 98-01(A) TO CONSTRUCT 311 INDEPENDENT LIVING CASE NAME: CASE NO.: SDP 98-01(A) LA COSTA GLEN - NORTH SITE WHEREAS, Continuing Life Communities LLC, a California Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as All that portion of Lots 1, 7, 8, and 9 and Levante Street and Rush Rose Street of City of Carlsbad Tract No. 92-08, Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13997, filed in the Office of the County Recorder of San Diego County, July 10, 2000 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Developme t Plan Amendment as shown on Exhibits “A” - “Z,” “Al” - “A59,” and “L1” - “L11” dated April 7,2004, on file in the Planning Department, LA COSTA GLEN - NORTH SITE - SDP 98-01(A) - as provided by the conditions of approval of SDP 98-01 and as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April 2004 and on the 21st day of April 2004 hold a duly noticed public hearing as prescribed by law to consider said request; and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment; and WHEREAS, on April 6, 1999, the City Council approved, SDP 98-01, as described and conditioned in Planning Commission Resolution No. 4447. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of LA COSTA GLEN - NORTH SITE - SDP 98-01(A) based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that a continuing care retirement community is considered an alternative for the long-term residential, social, and health care needs of California’s elderly residents, and a way to provide a continuum of care, to minimize transfer trauma, and to allow for the provision of social and health care services in an appropriately licensed setting. The project is consistent with all the requirements of the Green Valley Master Plan and Final Program EIR 92-03. The City Council approved the Master Plan in 1996 and made the finding that the Green Valley Master Plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The first phase of the project, through implementation of the Master Plan, provided for the following: (1) the provision of the necessary circulation element roadways and improvements (Levante Street, Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the wetland and upland areas within open space lots; (3) the construction of a public trail; (4) provisions for affordable housing; (5) implementation of the mitigation, monitoring, and reporting program for Program EIR 92-03; and, (6) compliance with the Local Facilities Management Plan Zone 23 for public facilities and services. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project meets or exceeds all City policies and the development standards of the Green Valley Master Plan, including landscaping, pedestrian access, lot size and PC RES0 NO. 5590 -2- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. coverage, building setbacks, parking, building height, recreational open space, and recreational vehicle storage. That all 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 buildings are isolated from surrounding development and no special adjustments are necessary to make the project compatible. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed onsite private street system has been designed to meet all of the City private street design standards including back up distance, corner sight visibility, street widths, intersection spacing, and length of cul-de-sacs. All off-site public street improvements have been completed by an earlier phase of this project. No additional off-site public street improvements are necessary. The Planning Director has determined that: a. the project is a subsequent activity of the Green Valley Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA]; b. this project is consistent with the Master Plan cited above; c. EIR 92-03 was certified in connection with the prior Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; f. all feasible mitigation measures or project alternatives identified in the EIR 92-03 which are appropriate to this Subsequent Project have been completed in phase one, incorporated into this Subsequent Project, or are required as ongoing conditions of approval for the overall project. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Green Valley Master Plan based on the facts set forth in the staff report dated March 3,2004 including, but not limited to the following: a. Land Use - Residential Medium-High (RMH) is characterized as urban multiple residential areas with two story condominium or apartment developments. -3 - 8 PC RES0 NO. 5590 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Housing - Continuing care developments provide housing and assistance to a growing segment of the population. c. Open Space and Conservation - The project is within the scope of the Green Valley Master Plan that designated significant Open Space for conservation. d. Recreation - Onsite recreation in the form of swimming pool, walking trail, and pitch and put golf is provided. 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 23 and all City public facility policies and ordinances. The project has been conditioned to provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or 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 Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 9 PC RES0 NO. 5590 -4- 1 2 3 4 5 6 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union and San Dieguito High School Districts that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures that are required as part of the Zone 23 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Development of the La Costa Glen -North Site (phase two) is subject to this Planning Commission Resolution No. 5590 which supercedes Planning Commission Resolution No. 4447. PC RES0 NO. 5590 -5- 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. This approval is granted subject to the approval of CUP 98-01(A) and CDP 98-04(A) and is subject to all conditions contained in Planning Commission Resolutions No. 5591 and 5592 for those other approvals incorporated herein by reference. This approval shall become null and void if building perniits are not issued for this project within 24 months from the date of final project approval. Developer shall implement, or cause the implementation of, the Green Valley Master Plan Mitigation Monitoring and Reporting Program. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved as part of the original Site Development Plan. If grading must be prohibited from March 1st to October 1st for Least Bells Vireo, grading activities are allowed during a portion of the “rainy season”. All erosion control and re-vegetation measures must be fully implemented prior to the grading prohibition period. Any extensions must receive written approval of the City Engineer and the responsible wildlife agencies (California Department of Fish and GameNnited States Fish and Wildlife Service). The Developer shall purchase 6.36 affordable housing credits consistent with the executed La Costa Glen Affordable Housing Agreement on file with the Housing and Redevelopment Department. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. PC RES0 NO. 5590 -6- N 1 L L C t I I! s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. 24. 25. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. Developer shall 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, if required, shall be free from advertising and shall include at a 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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 23, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy, 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, notifLing all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 5590 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RES0 NO. 5590 -7- /a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. Developer shall construct, install and stripe not less than 1,002 parking spaces, as shown on Exhibit D. Enpineering: General 27. 28. 29. 30. 31. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Developer shall petition the City to vacate the irrevocable offer of dedication on Levante Street, and provide to the City Engineer an acceptable means, CC&Rs and/or other recorded document, for maintaining the private street, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Prior to issuance of a building permit, developer shall submit an application for and obtain approval for a Lot Line Adjustment to adjust the existing lot line to a location satisfactory to the City Engineer. FeedAgreements 32. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 33. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. PC RES0 NO. 5590 -8- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. 35. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a ‘contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36’’ mylar or similar drafting film format suitable for a permanent record. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. Dedications/Improvements 36. 37. 38. 39. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Prior to issuance of a grading permit, developer shall dedicate, by separate document, a public utility and access easement over all private drives and fire hydrants. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. Include all content as established by the California Regional Water Quality Control Board requirements; Include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; Recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and PC RES0 NO. 5590 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 44. 45. d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. Identify existing and post-development on-site pollutants-of-concern; Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; Ensure long-term maintenance of all post construct BMPs in perpetuity; Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable; and Provide calculations to verify numeric sizing criteria. d. e. f. g. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. The Developer shall meet with and obtain approval from Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. Prior to issuance of building permits, Developer shall submit evidence of sewer connection fee payment to the satisfaction of Leucadia Wastewater District. Code Reminders: 46. PC RES0 NO. 5590 -10- The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic /5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. 48. 49. 50. 51. impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feedexac tions .” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this. project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... PC RES0 NO. 5590 -1 1- /6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 21st day of April 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOMMILfER Planning Director PC RES0 NO. 5590 -12- l7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5591 A RESOLUTION OF THE PLANNING COMMISSION OF T€ E CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT LOCATED NORTH OF LEVANTE STREET AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. AMENDMENT CDP 98-04(A) ON PROPERTY GENERALLY CASE NAME: CASE NO.: CDP 98-04(A) LA COSTA GLEN - NORTH SITE WHEREAS, Continuing Life Communities LLC, a California Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as All that portion of Lots 1, 7, 8, and 9 and Levante Street and Rush Rose Street of City of Carlsbad Tract No. 92-08, Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13997, filed in the Office of the County Recorder of San Diego County, July 10, 2000 (“the Property”); and WHEREAS, said verified application constitutes a request for Development Permit Amendment as shown on Exhibits “A” - “Z,” “Al” - “A59,” a Coastal nd “Ll” - L11” dated April 7, 2004, on file in the Planning Department, LA COSTA GLEN - NORTH SITE - CDP 98-04(A) as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April 2004 and on the 21st day of April 2004 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP Amendment; and 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on April 6, 1999, the City Council approved, CDP 98-04, as described and conditioned in Planning Commission Resolution No. 4448. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Planning Commission RECOMMENDS APPROVAL of LA COSTA GLEN - NORTH SITE - CDP 98-04(A) based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed development is in conformance with the East Batiquitos Lagoon/Hunt segment of the Certified Local Coastal Program and all applicable policies in that the project is consistent with all the requirements of the Green Valley Master Plan, which is the adopted implementing ordinance for the portion of the Local Coastal Program covering the Green Valley property. The project meets or exceeds all Local Coastal Program policies and the development standards of the Green Valley Master Plan, including stormwater management, landscaping, wetlands preservation, pedestrian access, trail head parking, and maximum building height of 35 feet. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that a public trail was constructed with an earlier phase of the La Costa Glen development providing the .appropriate level of access for the public through the La Costa Glen property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep slopes or native vegetation are located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The Planning Director has determined that: a. the project is a subsequent activity of the Green Valley Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA]. this project is consistent with the Master Plan cited above; b. -2- lP PC RES0 NO. 5591 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. d. EIR 92-03 was certified in connection with the prior Master Plan; the project has no new significant environmental effect not analyzed as significant in the prior EIR; none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15 163 exist; all feasible mitigation measures or project alternatives identified in the ELR 92-03 which are appropriate to this Subsequent Project have been completed in phase one, incorporated into this Subsequent Project, or are required as ongoing conditions of approval for the overall project. e. f. 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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. 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 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. dO PC RES0 NO. 5591 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 7. 28 5. 6. 7. 8. 9. 10. 11. 12. 13. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 5591 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Development of the La Costa Glen -North Site (phase two) is subject to this Planning Commission Resolution No. 5591 which supercedes Planning Commission Resolution No. 4448. This approval is granted subject to the approval of SDP 98-01(A) and CUP 98-01(A) and is subject to all conditions contained in Resolutions No. 5590 and 5592 for those other approvals incorporated herein by reference. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 2 1.201.2 10 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. Developer shall implement, or cause the implementation of, the Green Valley Master Plan Mitigation Monitoring and Reporting Program. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be a PC RES0 NO. 5591 -4- 1 ” L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. ... ... planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. If grading must be prohibited from March 1st to October 1st for Least Bells Vireo, grading activities are allowed during a portion of the “rainy season”. All erosion control and re-vegetation measures must be fully implemented prior to the grading prohibition period. Any extensions must receive written approval of the City Engineer and the responsible wildlife agencies (California Department of Fish and GameAJnited States Fish and Wildlife Service). Applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City’s adopted Habitat Management Plan. Prior to issuance of a building permit, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s): a. b. C. d. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to hold title to the open space lot(s) and manage it for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. Based on the results of the PAR, provide a non-wasting endowment to the selected conservation entity in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. Concurrent with recordation of the final map, transfer fee title to the open space lot(s) to the selected conservation entity. PC RES0 NO. 5591 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of April 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MEtfSSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: < \.\ MICHAEL J. HO&ILL~R Planning Director -6- J3 PC RES0 NO. 5591 The City of Carlsbad Planning Department ' A REPORT TO THE PLANNING COMMISSION ~~ Item No. @ P.C. AGENDA OF: April 21,2004 Application coniplete date: September 9, 2003 Project Planner: Christer Westman Project Engineer: Bob Wojcik SUBJECT: SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH - SITE - A determination that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan Amendment SDP 98-01(A), a Coastal Development Permit Amendment CDP 98-04(A), and a Conditional Use Permit Amendment CUP 98-01 (A) to construct a continuing care retirement community comprised of 31 1 independent living units, 23 attached villas, 29 garden villas, a commons building, and a recreation building on property generally located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5590, and 5591 RECOMMENDING APPROVAL of Site Development Plan Amendment SDP 98-01 (A) and Coastal Development Plan Amendment CDP 98-04(A), and ADOPT Planning Commission Resolution No. 5592 APPROVING Conditional Use Permit Amendment CUP 98-01(A) based on the findings and subject to the conditions contained therein. 11. BACKGROUND This item was continued from the April 7,2004 meeting. ATTACHMENTS: 1. 2. 3. 4. Planning Commission Resolution No. 5590 (SDP) Planning Commission Resolution No. 5591 (CDP) Planning Commission Resolution No. 5592 (CUP) Staff Reports dated April 7,2004 with attachments EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. @ P.C. AGENDA OF: April 7,2004 Application complete date: September 9, 2003 Project Planner: Christer Westman Project Engineer: Bob Wojcik SUBJECT: SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE - A determination that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan Amendment SDP 98-01(A), a Coastal Development Permit Amendment CDP 98-04(A), and a Conditional Use Permit Amendment CUP 98-01(A) to construct a continuing care retirement community comprised of 3 11 independent living units, 23 attached villas, 29 garden villas, a commons building, and a recreation building on property generally located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5590, and 5591 RECOMMENDING APPROVAL of Site Development Plan Amendment SDP 98-01(A) and Coastal Development Plan Amendment CDP 98-04(A), and ADOPT Planning Commission Resolution No. 5592 APPROVING Conditional Use Permit Amendment CUP 98-01(A) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION Consistent with the original discretionary actions, the Planning Commission will make a recommendation to the City Council for both the Site Development Plan and Coastal Development Permit amendments. The Planning Commission will have final discretion over the Conditional Use Permit Amendment. The Site Development Plan is a review of the site plan and architecture. The Coastal Development Permit is a review of the project’s compliance with applicable Local Coastal Program regulations. The Conditional Use Permit is a review of the operational aspects of the project as well as the site plan and architecture. 111. PROJECT DESCRIPTION AND BACKGROUND The project is an amendment to a 55-acre continuing care retirement community that was approved in April 1999. The 1999 approval was for a health center with 79 skilled nursing beds and 71 assisted living units, 229 independent living apartment units and 33 personal care suites, 171 duplex and detached villas, a commons building with dining room, a recreation building and outdoor recreation facilities. SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE April 7,2004 Page 2 All of the 229 independent living apartment units, personal care suites, health center, recreation building, swimming pool, other recreation facilities, and 54 of the duplex and detached villas have been constructed. The owner of the property, Continuing Life Communities, has proposed the change to the Site Development Plan because it has become apparent through the construction and leasing of the first phase of La Costa Glen, that there is a much greater demand for the independent care apartment units than there is for the villas. The owner has indicated that there is a desire to add more recreational facilities onsite for the existing and future residents. Finally, with the overall increase in the number of residents that this amendment would allow, an additional dining room is necessary and has been included in the new commons building. The proposed amendment replaces the remaining 117 duplex and detached villas with 31 1 independent living apartment units, 52 attached and detached villas, a commons building with dining room, a recreation building which houses an indoor swimming pool, and a six hole golf course. The project has been designed in the same Mediterranean style as the first phase and uses the same colors, exterior stucco materials, and barrel roof tile. The maximum building height is 35 feet. There are seven independent living unit floorplans ranging in size from approximately 647 square feet for a one-bedroom to approximately 1,419 square feet for a two-bedroom. Four of the seven floorplans are one-bedroom the remaining three are two-bedroom units. There are six different floorplans for the attached and detached units. They range in size from approximately 1,138 square feet to approximately 2,414 square feet. Most of the units are two-bedroom, however, two plans include a den and one is three-bedroom. The proposed amendments comply with all applicable City standards and all necessary findings can be made for the approvals being requested. IV. ANALYSIS The project is subject to the following plans, ordinances, standards and policies: A. General Plan; B. C. D. Conditional Uses (Chapter 21.42); E. Growth Management; and F. Green Valley Master Plan (Zoning); Inclusionary Housing (Chapter 21 35); East Batiquitos LagoodHunt segment of the Carlsbad Local Coastal Program. A. General Plan The General Plan land use designations for the Green Valley property is a combination district including Community Commercial (C), Office (0), Residential Medium High (RMH), and Open Space (OS). SDP 98-Ol(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE April 7,2004 Page 3 STANDARD Land Use The City Council approved the Master Plan in’ February 1996 and made the finding at that time that the Green .Valley Master Plan implements the combination district General Plan land uses and is consistent with the goals, objectives, and policies of the General Plan. The finding was based on the fact that the master plan provides for the following: (1) the provision of the necessary circulation element roadways and improvements (Levante Street, Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the wetland and upland areas within protected open space lots; (3) the construction of a public trail; (4) the provisions for affordable housing; and (5) compliance with the Local Facilities Management Plan Zone 23 for public facilities and services. REQUIRED/PERMITTED ResidentiaVprofessional Based on this implementation and consistency relationship between the Green Valley Master Plan and the General Plan, it can be determined that if the La Costa Glen project is consistent with the various sections of the Green Valley Master Plan, then it is also consistent with the General Plan. *combined proposed and existing Landscaping B. Green Valley Master Plan Approved plant lists and landscaping themes The project is located within Planning Area 3 of the Green Valley Master Plan. Development of Planning Area 3 as “senior housing” requires approval of a Site Development Plan (SDP) by the City Council and a Conditional Use Permit (CUP) by the Planning Commission. The project is consistent with the Green Valley Master Plan and meets or exceeds all applicable requirements of the master plan as demonstrated in Table A below: Table A: Green Vallev Master Plan -Plannin Parking*: Senior Residential (CMC 2 1.44.020(a)(9)) Professional Care * combined proposed and existing Buildine Heieht Building Coverage Recreational Vehicle Storage* * combined proposed and existing Private StreetsDriveways Lighting carelretirement housing community 1 space per two units/l guest space: 744 units = 744 spaces .45 spaces per bed: 72 beds = 33 spaces Total = 777 spaces required 35 feet Maximum 50% 20 sq.ft. per unit - 2,120 sq. ft. Minimum width 24 feet Lighting plan in conformance with master plan standards I Recreational Open Space I 200 sq. feet per unit - 21,200 sq. ft. Area 3 PROPOSED Professional carelretirement housine communitv I Open parking - 550 Carports - 284 Garages - 168 Total - 1002 spaces 23% 24 to 40 feet lighting plan subject to Planning Department approval 9.54 housing credits have been purchased for the 54 existing villas. Developer is conditioned to purchase an additional 6.36 housing credits in Villa Loma Affordable Housing Project or purchase existing units Project entryways and development area conform to plant lists and themes Over 5 acres a7 SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE April 7,2004 STANDARD Table A: Green Vallev Master Plan -Planning Area 3 REQUIRED/PERMITTED PROPOSED (0.48 acres) C. Inclusionary Housing For the purpose of determining the project’s compliance with the Master Plan, with regards to permitted land uses and the application of affordable housing requirements, the Planning Department considers the 106 attached and detached villas as the residential component and the apartment style independent living unit buildings (containing common dining and independent care services) and the health care center (containing skilled nursing and assisted care services) as the professional care component of the facility. The Planning Department consulted with the State Housing and Community Development Division (HCD) in 1999 about defining the different project unit types as “housing units” or “group quarters/commercial living units” to determine what income category they should be assigned to for reporting purposes. In a letter to the City, HCD stated that the project’s independent living units (apartment style units with kitchens) and villas are considered “housing units” per the census definition and they can be reported towards meeting the City’s regional share housing needs. Citing a need for further study and review by HCD, the question of what income category the independent living units would fit into (very low, low, moderate income etc.) was left unanswered by HCD. HCD’s response required the City to make a determination on how to apply Carlsbad’s inclusionary housing ordinance to this project. In April 1999, the City Council approved the apartment style independent living units, the skilled nursing and assisted care units as “professional care/commercial living units” and not subject to the Master Plan’s affordable housing requirements. However, the project’s 106 villas are considered “residential housing units” and are subject to the affordable housing requirements of the master plan. This results in a requirement of 15.9 dwelling units to be affordable to lower income residents. Given the project’s high entrance deposit fees and the complex service and housing fee structure for residents, staff previously determined that restricting units onsite as affordable to low income residents is not a workable or viable alternative. Therefore, the development was approved with the option of purchasing offsite affordable housing credits in the Villa Loma affordable housing project andor buying existing offsite housing units and restricting the rents. The developer chose to purchase 9.54 credits in Villa Loma for the existing 54 villa units in the southern part (Phase One) of the project. In order to satisfy the total requirement of 15.9 housing credits, the developer is conditioned to purchase an additional 6.36 housing credits in the Villa Loma affordable housing project and/or buy existing offsite housing units and restrict the rents consistent with the Inclusionary Housing Ordinance. D. Conditional Uses (Chapter 21.42) The Green Valley Master Plan requires a Conditional Use Permit (CUP) in Planning Area 3 for professional care facilities and refers to Chapter 21.42 of Carlsbad Municipal Code for the processing requirements. Given the large monetary investment in. onsite improvements, the fact a!? a City Administration Library SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE April 7,2004 368.53 sf Yes 196.55 sf Yes that the land use is completely separated from any surrounding residential or commercial development, and the project is a permitted land use in the Green Valley Master Plan, staff is not recommending that the CUP have an expiration date. The facility includes an alternative for the long-term residential, social, and health care needs of elderly residents, a way to provide a continuum of care, to minimize transferhelocation trauma, and allows for the provision of social and health care services in an appropriately State-licensed setting. It is consistent with the Green Valley Master Plan and, therefore, consistent with the General Plan. The project is buffered from the commercial planning area (PA 2) by phase one and Calle Barcelona and is surrounded on the west, north, and east by large areas of open space. The project meets or exceeds the development standards of the Green Valley Master Plan, including landscaping, pedestrian access, lot size and coverage, building setbacks, parking, building height, recreational open space, and recreational vehicle storage. The buildings are isolated from surrounding development and no special adjustments are necessary to make the project compatible. The public and private street system serving the proposed project is adequate to properly handle all traffic generated by the proposed use. The proposed onsite private street system has been designed to meet all of the City’s private street design standards including comer sight visibility, street widths, and street lengths. All off site public street improvements required by adoption of the Green Valley Master Plan have been completed by the earlier phase of this project. No additional off site public street improvements are necessary. The combined phase one and phase two buildout of the project would generate approximately 2,225 average daily vehicle trips (ADT) which is 1,775 ADT less than the 4,000 ADT analyzed and approved in the Green Valley Master Plan (400 dwelling units at 10 ADT per dwelling unit equals 4,000 ADT) and analyzed in the Green Valley Master Plan Program EIR. However, the proposal is approximately 605 ADT greater than what was approved as SDP 98-01 in 1999. The Linscott, Law and Greenspan traffic report dated June 12, 2003 and on file with the Planning Department found that the increase of 605 ADT over the existing approval does not have a significant adverse effect on circulation. The onsite circulation roadway has been reviewed by the Fire Marshal, and has been adjusted in response to the Fire Marshal’s comments. E. Growth Management The proposed project is located within Local Facilities Management Zone 23 in the Southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table B below. The Local Facilities impact analysis for City Administrative, Library, and Parks are based on the cumulative demand for phase one and the proposed phase two (North End) 106 single family/duplex residential units. The remainder analysis is completed for the entire project at buildout SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE April 7,2004 Page 6 Drainage Circulation I Waste Water Treatment I 505 EDU I Yes NIA Yes 2.225 ADT Yes Parks I 0.74 ac I Yes Fire Open Space Station No. 2 Yes 5+ acres provided Yes Schools Sewer Collection System EncinitasKan Dieguito Yes 505 EDU Yes I Water I 12,760GPD I Yes F. East Batiquitos Lagoon/Hunt Segment of the Carlsbad Local Coastal Program The project site is located entirely within the California Coastal Zone and is subject to the policies of the East Batiquitos LagoodHunt Segment of the Local Coastal Program (LCP). In 1996 the City Council and the Coastal Commission approved an amendment to the East Batiquitos LagoodHunt Segment of the LCP which designated the Green Valley Master Plan as the implementing ordinance for the portion of the LCP covering the Green Valley property. Based on this implementation and consistency relationship between the Green Valley Master Plan and the LCP, it can be concluded that if the La Costa Glen project is consistent with the master plan it is also consistent with the LCP. The project will not encroach beyond the development area established by the Green Valley Master Plan for Planning Area 3, therefore, it will not impact sensitive coastal resources or the public pedestrianhicycle trail constructed as part of phase one. Pursuant to the Green Valley Master Plan, all building heights are limited to 35 feet and are shown as such on project exhibits. The required fee for the conversion of non-prime agricultural lands to urban uses for the entire Green Valley Master Plan area was paid prior to issuance of the grading permit for phase one of La Costa Glen. The desiltatioddepollutant basin and the biological revegetation and ongoing mitigation program for habitat preservation has been implemented as part of phase one. Public roadway improvements on El Camino Real; Levante Street and Calle Barcelona were also completed in phase one. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that since the proposed changes to the project are confined to the same footprint of development as the original approval; that the anticipated Average Daily Traffic (ADT) will be less than assessed in the Green Valley Master Plan Final Program Environmental Impact Report (EIR 92-03); and that the project will implement the same mitigation measures adopted for the Master Plan for secondary impacts such as shielding lighting adjacent to the riparian corridor, that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for EIR 92-03, dated February 1996. EIR 92-03 evaluated the potential environmental effects of the development and operation of the “Green Valley Master Plan” including analysis of traffic circulation, water quality, biological resources, land use and landform alteration and associated actions inclusive of development of the Master Plan Planning Area 3. SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(A) - LA COSTA GLEN - NORTH SITE April 7,2004 The City Council certified EIR 92-03 in February 1996. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 92-03 that are applicable to the proposed project have been completed in phase one of the development plan, incorporated into the project design or are required as ongoing conditions of approval for the overall project. The EIR 92-03 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Green Valley Master Plan Final Program EIR. The proposed project will not have effects beyond those analyzed in the program EIR since the proposed changes to the project are confined to the same footprint of development as the program analyzed earlier; that the proposed onsite landscape and recreation improvements are similar is size and scope as the program analyzed earlier; and, that the anticipated Average Daily Traffic (ADT) will be less than that projected in the program analyzed earlier. This project is within the scope of Final Program EIR 92-03 and no further CEQA compliance is required. EIR 92-03 and the respective initial studies for each application are available at the Planning Department. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Planning Commission Resolution No. 5590 (SDP) Planning Commission Resolution No. 559 1 (CDP) Planning Commission Resolution No. 5592 (CUP) Location Map Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement Planning Commission Resolution No. 4447 (SDP) Planning Commission Resolution No. 4448 (CDP) Planning Commission Resolution No. 4449 (CUP) Reduced Exhibits Full Size Exhibits “A” - “Z,” “A1 - A59,” and “L1 - L11” dated April 7,2004 BACKGROUND DATA SHEET CASE NO: SDP 98-01 (A)/CDP 98-04(A)/CL.JP 98-01 (A) CASE NAME: La Costa Glen - North Site APPLICANT: Continuing Life Communities LLC REQUEST AND LOCATION: Construction of a continuing care retirement community consisting of 31 1 independent living units, 23 attached villas, 29 garden villas, a commons building and a recreation building on property generally located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. LEGAL DESCRIPTION: All that portion of Lots 1. 7, 8, and 9 and Levante Street and Rush Rose Street of City of Carlsbad Tract No. 92-08, Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13997, filed in the Office of the County Recorder of San Diego County, July 10,2000. APN: 255-012-17 and 18 Acres: 24.5 Proposed No. of LotsLJnits: N/A GENERAL PLAN AND ZONING Land Use Designation: C/O/RMH Density Allowed: N/A Existing Zone: PC Proposed Zone: PC Density Proposed: N/A Surrounding Zoning, General Plan and Land Use: Zoning Site PC (RDM) North PC(0S) South PC(RDM) East PC (OS) West PC (OS) General Plan Current Land Use C/O/RMH Vacant C/O/RMH Open Space C/O/RMH C/O/RMH Open Space C/O/RMH Open Space Phase One La Costa Glen PUBLIC FACILITIES School District: Encinitas UniodSan Dienuito Unified Water District: Olivenhain Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): ENVIRONMENTAL IMPACT ASSESSMENT u Negative Declaration, issued Certified Environmental Impact Report 92-03, dated December 1995 0 Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: SDP 98-0 1 (A)/CDP 98-04(A)/CUP 98-0 1 (A) La Costa Glen - North Site LOCAL FACILITY MANAGEMENT ZONE: 23 GENERAL PLAN: C/O/RMH ZONING: PC (RDM) DEVELOPER’S NAME: Continuing Life Communities LLC ADDRESS: 1940 Levante Street Carlsbad CA 92009 PHONE NO.: 760-704-6300 ASSESSOR’S PARCEL NO.: 255-012-178~18 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 24.5 Ac. ESTIMATED COMPLETION DATE: The Local Facilities impact analysis for City Administrative, Library, and Parks are based on the cumulative demand for phase one and the proposed phase two (North End) 106 single family/duplex residential units. The remainder analysis is completed for the entire project at buildout. A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Library: Wastewater Treatment Capacity Park: Drainage: Circulation: Fire: Open Space: Schools: Sewer: Water: Demand in Square Footage = Demand in Square Footage = 368.53 196.55 5 05 Demand in Acreage = 0.74 Demand in CFS = NIA Identify Drainage Basin = D Demand in ADT = 2,225 Served by Fire Station No. = 2 Acreage Provided = 5+ N/A (Encinitas) Demands in EDU 505 Identify Sub Basin = Demand in GPD = N/A (Leucadia) N/A (Olivenhain) 33 - City of Carlsbad DISCLOSCRE STATEhlEST Applicant’s statement or disclosure of certam ownership interests on all applicatlons \.i.hich wll require 1 discretionary action on the part of the City Council or any appointed Board. Commission or Cornminee. j The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, bus& receiver, syndicate, in this and any other county, city and county, citv municipality, district or other political subdivision or any other group or combination acting as a unit.” .4gents may sign tlus document; however, the legal name and entity of the applicant and propep owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a cornoration or Dartnershiu, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE @/A) IN THE SPACE BELOW If a publiclv-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if MDDTDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- necessary.) Person corp/part Continuing Life Communities LLC Title Title Address Address 1940 Levante Street Carlsbad CA 92009 2. OU?\;ER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a cornoration or UartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE T” 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person CorpPafi Continuinq Life Communities LLC Title Title Address Address 1940 Levante Street . Carlsbad CA 92009 34 1635 Faraday Avenue Carlsbad, CA 92008-7314’- (760) 602-4600 - FAX (760) 602-8559 @ 3. SOX-PROFIT OhGA?iiATION OR TRVST If any person Identified pursuant to (1) or (2) above IS a nonurofit oraanization or 3 ms:. .:s- :::e names and addresses of AW person sen-ing as an officer or director of the ~OE-FTCI~~: organization or as trustee or beneficiary of the. Non ProfitTrust "A Fion ProfitTmst Title Title Address Address NIA 4. Have you had more than $250 worth of busmess transacted with any member of Ciry staff. Boards, Commissions, Committees andlor Council within the past twelve (1 2) months? Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above dormation is true and correct to the best of my knowledge. &&L--L/tSL3 G?. p& d-7.3 Signature of owneddate C&O Signature of applicanddate cKD ad* ASJt3k krc*x- Pnnt or type name of owner Pnnt or rype name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNfER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN, SDP 98-01, FOR THE DEVELOPMENT OF A CONTINUING CARE RETIREMENT COMMUNITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN LA COSTA AVENUE AND CALLE BARCELONA IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CASE NO.: SDP 98-01 WHEREAS, Continuing Life Communities LLC, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Continuing Life Communities LLC, “Owner”, described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South and 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, said property being more particularly described in Exhibit “A” of Quitclaim Deed recorded March 28,1989 as File No. 89- 157040 of Official Records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “XXX” dated January 6, 1999, on file in the Planning Department LA COSTA GLEN, SDP 98-01 as provided by Chapter 2 1.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of January, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 36 Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL OF LA COSTA GLEN, SDP 98- 01 based on the following findings and subject to the following conditions: ' Findinps: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that a continuing care retirement community is considered an alternative for the long-term residential, social, and health care needs of California's elderly residents, and a way to provide a continuum of care, to minimize transfer trauma, and to allow for the provision of social and health care services in an appropriately licensed setting. The project is consistent with all the requirements of Green Valley Master and Final Program EIR 92-03. The City Council approved the master plan in 1996 and made the finding that the Green Valley Master Plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The project, through implementation of the master plan, provides for the following: (1) the provision of the necessary circulation element roadways and improvements (Levante Street, Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the wetland and upland areas within open space lots; (3) the construction of a future public trail; (4) the provisions for affordable housing; (5) implementation of the mitigation, monitoring, and reporting program for Program EIR 92-03; and, (6) compliance with the Local Facilities Management Plan Zone 23 for public facilities and services 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project meets or exceeds all City policies and the development standards of the Green Valley Master, including landscaping, pedestrian access, lot size and coverage, setbacks, parking, building height, recreational open space, and recreational vehicle storage space. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained in that: (1) the buildings are set back 35 feet from Calle Barcelona; (2) the site has perimeter fencing/walls including chain link, masonry block, and wrought iron; (3) extensive ornamental landscaping and native habitat restoration is provided; and, (4) large areas of open space, topography, and Calle Barcelona separate and buffer the site from surrounding residential, commercial, and transportation land uses. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed onsite private streets meet all City policies and standards including, backup distance, corner sight visibility, street width, intersection spacing, and cul-de-sac length. The portions of Levante Street PC RES0 NO. 4447 -2- 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. and Calle Barcelona located within the site will be constructed, El Camino Real \vi11 be widened along the project’s frontage, and a landscaped center median will be constructed. 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. The project has been conditioned to ensure the 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. B. All necessary public improvements have been provided or are required as conditions of approval. C. 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. 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. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 23. 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. The Planning Director has found that, based on the EIA Part 11, this Subsequent Project was described in the Program EIR 92-03 as within its scope; and there will be no additional significant effect, not analyzed therein; and that no new or additional mitigation measures or alternatives are required; and that, therefore, this Subsequent Project is within the scope of the prior EIR; and no new environmental document nor Public Resources Code 2 108 1 findings are required. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Program EIR 92-03 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project, as noted above. PC RES0 NO. 4447 -3- 38 1 2 3 4 ’5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Staff is authorized and directed to make, or require Developer to ma,e, all corrections and modifications to the Site Development Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Approval of SDP 98-01 is granted subject to the approval of CUP 98-01 and CDP 98- 04. SDP 98-01 is subject to all conditions contained in Planning Commission Resolutions No. 4449, and 4448 for CUP 98-01 and CDP 98-04. The Developer shall implement, or cause the implementation of the applicable portions of the Program EIR 92-03 Mitigation Monitoring and Reporting Program. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 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 Site Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 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 drawings shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 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. 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 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 hlfill the subdivider’s agreement to pay the public facilities fee dated January 13, 1998, 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 23 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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 PC RES0 NO. 4447 -4- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. housing project are challenged this approval shall be suspended as proi.ided 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. Prior to the issuance of the building or grading permit, whichever occurs first. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 4447 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. 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. The lighting plan shall comply with all the requirements of the Green Valley Master Plan. No outdoor storage of materials 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. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. 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. PC RES0 NO. 4447 -5- ‘. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. Prior to the issuance of building permits for any lots or units, the Developer shall obtain approval and enter into an Affordable Housing Agreement with the City to purchase 30.2 affordable housing credits in the Villa Loma affordable housing project and/or purchase 30 existing dwelling units and restrict those units to rents affordable to lower income households and pay a fee for the fractional remainder, in accordance with the requirements and process set forth in Chapter 2 1.85 of the Carlsbad Municipal Code. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 19. 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, if required, shall at a minimum include a bench, fiee from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or consistent with basic architectural theme of the project. 20. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Engineerinp - : NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed site development plan must be met prior to issuance of a building permit. 21. 22. 23. 24. 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. All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association). The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the conforming mylar site development plan (and in the CC&Rs). "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. It The developer shall record the final map for CT 92-08 and submit for and obtain approval of an Adjustment Plat from the City, to create the proposed lots as shown on the site plan and to the satisfaction of the City Engineer. PC RES0 NO. 4447 -6- 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fees/Agreemen ts 2s. 26. 27. 28. The developer shall pay all current .,es and deposits requirec The developer shall reimburse the City for full half street improvements for La Costa Avenue along the project frontage in the amount of $165,351.20, prior to recordation of a final map for CT 92-08. The developer shall reimburse the developer who constructed the median on the east side of El Camino Real for one half of the cost of that portion of the median along the project frontage from Levante Street. The developer shall reimburse the City's cost for that portion of a northbound lane (number 3 lane) to El Camino Real north of the El Camino ReaVOlivenhain Roadaeucadia Boulevard intersection in the amount of $69,784.00, prior to recordation of a final map for CT 92-08. Grading 29. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. 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 the project. 30. No grading for private improvements shall occur outside the limits 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. Dedications/ImDrovements 31. The two permanent detention basins shall be private and maintained in perpetuity by the property owner or property owner's association. Appropriate wording regarding detention basin maintenance, as approved by the City Engineer, shall be included in the covenants, conditions and restriction (CC&Rs) for the project, prior to recordation of a final map for CT 92-08. 32. The owner shall make an offer of dedication to the City for all public easements required by the site plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 33. The design of all private streets and drainage systems shall be approved by the City -7- 42 PC RES0 NO. 4447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. 35. 36. - Fire: 37. 38. 39. Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The star,dard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project. The project shall be constructed in the order shown on the site plan and shallcomply with' the City's cul-de-sac standards to the satisfaction of the City Engineer. The required improvements to El Camino Real, from La Costa Avenue to the southerly boundary of the project, shall be completed by December 31, 1999, to the satisfaction of the City Engineer. 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: a. The existing vehicular actuated traffic signal at the Calle Barcelona/El Camino Real intersection shall be modified for the new extension of Calle Barcelona to the satisfaction of the City Engineer and Traffic Engineer. Half the cost of the existing signal shall be reimbursed to the developer that constructed that existing signal. A note to this effect shall be placed on the conforming mylar site development plan. Improvements listed above shall be constructed within 18 months of approval of the secured development agreement or such other time as provided in said agreement. A list of the above improvements shall be placed on the conforming mylar site development plan. Improvements listed above shall be constructed within 18 months of approval of the secured development agreement or such other time as provided in said agreement . Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. Public fire hydrants, shall be provided at intervals of 300 feet along public streets and private driveways for all multi-family development. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street of driveway. Public fire hydrants, shall be provided at intervals of 500 feet along public streets and/or private driveways for all single-family and twinhome development. Hydrants should be PC RES0 NO. 4447 .8- 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street of driveway. The applicant shall submit a site plan to the Fire Department for approval. The site plan shall depict the 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 operations 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 final inspection, all security gate systems controlling vehicular access shall be equipped with a “Knox”, key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approval prior to installation. 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. Prior to issuance of the building permit, the applicant shall obtain fire department approval of a wildland fuel management plan. The plan shall clearly indicate methods proposed to mitigate and manage fire risk associated with native vegetation growing within 60 feet of structures. The plan shall reflect the standards presented in the fire suppression element of the city of Carlsbad Landscape Guidelines Manual. Prior to occupancy, all wildland fuel mitigation activities must be complete, and the condition of all vegetation within 60 feet of structures found to be conformance with an approved wildland fuel management plan. All buildings which have 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. Proposed multifamily residential buildings must be protected by fire alarm systems. Plans and specifications must be approved, and a permit obtained prior to installation. PC RES0 NO. 4447 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50. The applicant shall provide a street map which conforms to the following requirements A 400 scale photo-reduction mylar, depicting proposed improvements and at least tu’c existing intersections or streets. The map shall also clearly depict street centerlines hydrant locations and street names. 51. A monument sign shall be installed at the entrance to the driveway or private streel indicating the address of the buildings on site. General Conditions: 52. If any of the foregoing conditions fail to occur; or if they are, by their ternis, 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 site plan. Code Reminders: 53. 54. 55. 56. 57. 58. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinhnce and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. All roof appurtenances, including air conditions, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape. plan check procedures on file in the Planning Department. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 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. -10- 45 PC RES0 NO. 4447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of January, 1999, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, L’Heureux, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY .NOBp, Chairperson CARLSB& P ANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4447 -1 1;’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMhIISSION RESOLUTION NO. 4448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO., CARE RETIREMENT COMMUNITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN LA COSTA AVENUE AND CALLE BARCELONA IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CDP 98-04, FOR THE DEVELOPMENT OF A CONTINUING CASE NO.: CDP 98-04 WHEREAS, Continuing Life Communities LLC, “Developer”, has filed ;1 verified application with the City of Carlsbad regarding property owned by Continuing Life Communities LLC, “Owner”, described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South and 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, said property being more particularly described in Exhibit “A” of Quitclaim Deed recorded March 28, 1989 as File No. 89- 157040 of Official Records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “XXX” dated January 6, 1999, on file in the Planning Department, LA COSTA GLEN, CDP 98-04 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 43 relating to the CDP. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by thc Planning Commission of the City of Carlsbad as fol1ou.s: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Conmission RECOMMENDS APPROVAL of LA COSTA GLEN, CDP .98-01 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the East Batiquitos Lagoon/Hunt segment of the Certified Local Coastal Program and all applicable policies in that the project is consistent with all the requirements of the Green Valley Master Plan which is the adopted implementing ordinance for the portion of the Local Coastal Program covering the Green Valley property. The project meets or exceeds all City policies and the development standards of the Green Valley Master, including landscaping, pedestrian access, lot size and coverage, setbacks, parking, building height, recreational open space, and recreational vehicle storage space. 2. The project will not encroach beyond the development area established for Planning Area 3 under the approved Coastal Development Permit for the master plan and tentative map; therefore, it will not impact sensitive coastal resources or preclude development of the future public pedestrian/bicycle trail. The required fee for the conversion of non-prime agricultural lands to urban uses was paid prior to issuance of the grading permit. Erosion control measures such as slope planting and temporary desiltation measures are incorporated into the project’s approved grading permit. The desiltation/depollutant basin and the biological revegetation and mitigation program will be implemented as part of the mass grading and public roadway improvements which are currently underway on the site. 3. The project’s proposed buildings comply with the 35 foot height limit and all the twinhomes, townhouses, and single-family homes are one-story which will minimize the project’s visual impact when the project is viewed from La Costa Avenue and El Camino Real. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. PC RES0 NO. 4448 -2- Lf8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Approval of CDP 98-04 is granted subject to the approval of SDP 98-01 and CUP 98- 01. CDP 98-04 is subject to all conditions contained in Planning Commission Resolutions No. 4447, and 4449 for SDP 98-01 and CUP 98-01 and the Coastal Development Permit issued by the California Coastal Commission. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of January 1999, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, L’Heureux, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY NOBf?, Chairperson CARLSBAD P ANNING COMMISSION ATTEST: MICHAEL J. HOYZMIL~~R 3 Planning Director PC RES0 NO. 4448 -3- 1 - 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COhIhIISSION RESOLUTIOR NO. 4449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROI’ING A CONDITIONAL USE PERMIT, CUP 98-01, FOR THE DEVELOPMENT OF A CONTINUING CARE RETIREhIEXT COMMUNITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN LA COSTA AVENUE AND CALLE BARCELONA IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CASE NO.: CUP 98-01 WHEREAS, Continuing Life Communities LLC., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Continuing Life Communities LLC, “Owner”, described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South and 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, said property being more particularly described in Exhibit “A” of Quitclaim Deed recorded March 28, 1989 as File No. 89- 157040 of Official Records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “XXX” dated January 6, 1999, on file in the Carlsbad Planning Department, LA COSTA GLEN CUP 98-01 , as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of January, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP 98-01. 1 - 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commissi A) B) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning n of the City of Carlsbad as follo\vs: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES LA COSTA GLEN CUP 98-01, based on the follo\ving findings and subject to the following conditions: Findin ys: 1 That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that a continuing care-retirement community is considered an alternative for the long-term residential, social, and health care needs of California’s elderly residents, and a way to provide a continuum of care, to minimize transfer trauma, and to allow for the provision of social and health care services in an appropriately licensed setting. The project is consistent with all the requirements of Green Valley Master and Final Program EIR 92-03. The City Council approved the master plan in 1996 and made the finding that the Green Valley Master Plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The project, through implementation of the master plan, provides for the following: (1) the provision of the necessary circulation element roadways and improvements (Levante Street, Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the wetland and upland areas within open space lots; (3) the construction of a future public trail; (4) the provisions for affordable housing; (5) implementation of the mitigation, monitoring, and reporting program for Program EIR 92-03; and, (6) compliance with the Local Facilities Management Plan Zone 23 for public facilities and services. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project meets or exceeds all City policies and the development standards of the Green Valley Master Plan, including landscaping, pedestrian access, lot size and coverage, setbacks, parking, building height, recreational open space, and recreational vehicle storage space. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that (1) the buildings are setback 35 feet from Calle Barcelona; (2) the site has perimeter fencing/walls including chain link, masonry block, and wrought iron; (3) extensive ornamental landscaping and native habitat restoration is provided; and, (4) large areas of open space, topography, and Calle Barcelona separate and buffer the site from surrounding residential, commercial, and transportation land uses. PC RES0 NO. 4449 -2- 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the street system serving the proposed use is adequate to properly handle all rraftic generated by the proposed use, in that the proposed onsite private streets meet all City policies and standards including, backup distance, corner sight visibility, street width, intersection spacing, and cul-de-sac length. The portions of Leiante Street and Calle Barcelona located within the site will be constructed, El Camino Real will be widened along the project’s frontage, and a landscaped center median will be constructed. Conditions: 1. 2. 3. 4. 5. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Conditional Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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. Approval of CUP 98-01 is granted subject to the approval of SDP 98-01 and CDP 98-04 and is subject to all conditions and code reminders contained in Planning Commission Resolutions No. 4447 and 4448 for SDP 98-01 and CDP 98-04. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project.approva1. 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 fui-ther 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 site plan. ... ... ... ... PC RES0 NO. 4449 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of January 1999 by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, L'Heureux, Nielsen, Savary, and Welshons . NOES: ABSENT: ABSTAIN: , Chairperson COMMISSION ATTEST: MICHAEL J. HOIZMILYER Planning Director PC RES0 NO. 4449 -4- 53 n i li ii r I I n a 0 Y L E 5 V w 6 rn Y P a x U 0 z V & c C 0 El z ':\ h 0 8 e , 3 C c u d rA cl d c u 3 53- c nZ '0 OZ d 0 z 6 E-1 d 0 L C i I I I I I C I I L .- 2, I I I I I I I I I ( I I 7r----- I ! I i 0 /c \ \ c 59 LO Planning Commission Minutes XV&T 5 DRAF~ April 21,2004 1. SDP 98-01(A)/CDP 98-041CUP 98-OIIA) - LA COSTA GLEN - NORTH SITE - A determination that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan Amendment SDP 98-01(A), a Coastal Development Permit Amendment CDP 98-04(A), and a Conditional Use Permit Amendment CUP 98-01 (A) to construct a continuing care retirement community comprised of 31 1 independent living units, 26 attached villas, 26 garden villas, a commons building, and a recreation building on property generally located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. Mr. Neu introduced Item 1 and stated that Senior Planner Christer Westman, would make the presentation. Chair White opened the public hearing on Item 1. Senior Planner, Christer Westman, presented the staff report stating that this Item is a request for an amendment to the La Costa Glen continuing care development. The site is located south of La Costa Avenue and west of El Camino Real. The project is within the boundaries of the Green Valley Master Plan. The original La Costa Glen site plan and unit mix was approved in 1999. This amendment is a request for approval of an increase in the number of independent living units from 229 to 540, which is an increase of 311 independent living apartments and a decrease in the number of villa units from 171 to 106, which is a reduction of 65 villa units. There will also be an addition of new facilities for use by all residents of La Costa Glen including a commons building, a recreation building, and a proposed 6-hole golf course. The project will still be below the original anticipated number of ADT proposed in the Master Plan. The architecture and development style is consistent with the existing phase of La Costa Glen. Mr. Westman directed the Commission and audience to the slide presentation. The architecture has Mediterranean flare similar to the existing Phase 1. Mr. Westman stated there are two errata sheets for the project. One is in regards to requiring purchasing affordable housing units. Resolution No. 5590, Condition 17 should read 1,002 instead of 1,003. Two conditions relative to the Habitat Management Plan are to be removed. The conditions require purchasing credits towards implementing the Habitat Management Plan for projects that impact open space. This project has already set aside a substantial amount of open space so staff does not feel it is appropriate to apply the condition to this project. The other condition is in regards to the open space, which has already been dedicated. There was a condition requiring an endowment be created and determination of a third party to manage that open space prior to the issuance of a grading permit. Because that is a new condition relative to the original approval of the project, staff recommends changing the timing to the issuance of a building permit. Mr. Westman concluded his presentation. Chairperson White commented the Public Hearing on Item 1 was open and the Commission did receive the errata sheets. Commissioner Baker asked Mr. Westman to comment regarding the vastly different number of ADT from the EIR even though the project is adding 300 units, and inquired how can it be lower. Mr. Westman explained the ADT and the Green Valley Master Plan. Commissioner Segall asked a question regarding multi-story buildings, maximum building height and how the Fire Department accesses the roof in case of a fire. Mr. Westman introduced Chris Heiser, Division Chief of Operations for the Fire Department. A discussion was held regarding mutual aide, boundary drop agreements and response times. Planning Commission Minutes April 21,2004 Page 5 Commissioner Segall stated his concern regarding the maximum building height of 35 feet and the fact that a ladder would only reach 28 feet at its fullest potential. Chief Heiser explained mutual aide and the boundary drop agreement with the Cities of Encinitas and Oceanside, which would respond to the area of the project should a tall ladder be needed. Commissioner Segall asked about the study regarding the need for a new truck. Chief Heiser stated that the mutual aide agreement should help in such situations. Commissioner Segall asked if the Fire Department is comfortable with this option. Chief Heiser stated the Fire Department is very comfortable with the current options available through the mutual aide program and the boundary drop agreement. A discussion was held regarding mutual aide. Commissioner Segall expressed his concern regarding the lack of proper equipment for buildings overheight, response times from other agencies, etc. Commissioner Baker asked where the ladder trucks are located in Encinitas, and that she too is concerned about the response times. Chief Heiser responded the trucks are located about 5 minutes from El Camino Real in Encinitas, and the response time is predicated on the starting rotation of those apparatus and on the availability of the apparatus. Commissioner Whitton asked what the response time from Encinitas to the City of Carlsbad is. Chief Heiser stated the response time is predicated on traffic patterns; that it could take about 15 minutes from dispatch to the center of the City at El Camino Real and Cannon Road. Commissioner Segall asked Mr. Neu if the Planning Commission could hear the final Fire Department report once complete. Mr. Neu stated that the best way to inform the Commission would be to wait until the study has run its course, and it be handled as an information item on a future agenda. The applicant, Richard Aschenbrenner, representative of Continuing Life Communities, made a presentation regarding the project. Chairperson White asked if there were any questions of the applicant. Commissioner Montgomery commended the applicant on the various types of housing being provided in the project, and asked the applicant to discuss the reason why the multi-story type of structure is being proposed as opposed to the typical single story, one level, housing for senior citizens. Mr. Aschenbrenner discussed the population within the La Costa Glen facility and stated this is what the community wants in this project. He further stated this is an opportunity to develop a world-class facility, and that this new building would include more life safety features. Commissioner Segall noted the change in the ratio regarding attached units as to independent living. Mr. Aschenbrenner stated that this is an opportunity to introduce a whole new dining facility that is more centrally located for the community. Commissioner Segall inquired as to when the dining facility would open. Mr. Aschenbrenner stated hopefully everything will open all at once, but the dining facility would hopefully be open sooner than later. He further explained the logistical problems regarding access to the site adding that the whole development should be completed within 3 years. Commissioner Dominguez asked for clarification as to exactly where the new facilities would be located. Mr. Aschenbrenner directed the Commission to the slide presentation and identified the area on the map. Commissioner Baker inquired if the site was currently graded. Mr. Aschenbrenner stated the site was rough graded five years ago. Chairperson White opened Public Testimony on Item 1. Horton Hinshaw, 1982 Deergrass Way, Carlsbad, a current resident of La Costa Glen, addressed the Commission regarding the new dining facility and stating his approval of the project. La Planning Commission Minutes April 21,2004 Page 6 Don May, 1988 Snowberry, Carlsbad, Chairman of the Resident Council of La Costa Glen, addressed the Commission stating that the expansion of the current facility is recommended. He expressed that the apartment style building will be very welcome and will fit in nicely with the community. Lois DeGroot addressed the Commission stating she does not want other members of the community to have to wait as long as she did to sign up for a facility such as La Costa Glen. Millie Karol, 1950 Silverleaf Circle, is a very happy resident of La Costa Glen, loves the food and stated that many members of the audience and Commission should be signing up to live at this facility. Gil Meacham, 1970 Silverleaf Circle, is a current resident of La Costa Glen and lives in one of the apartments. He stated that the senior citizens in the community love living there. Seeing no one else wishing to speak, Chairperson White closed public testimony on Item 1. MOTION ACTION: Motion by Commissioner Whitton, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5590 and 5591 recommending approval of Site Development Plan Amendment SDP 98-01 (A), Coastal Development Plan Amendment 98-04(A), and approve Planning Commission Resolution No. 5592 approving Conditional Use Permit CUP 98- 01 (A), based on the findings and subject to the conditions contained therein, and including the two errata sheets. DISCUSSION The Commissioners commended the applicant on the project, and that La Costa Glen is a beautiful facility and it provides many conveniences for the community that resides there. VOTE: 7-0 AYES: NOES: None Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOTICE OF PUBLIC HEARING DESC RI PTlON : A determination that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan Amendment SDP 98-01(A) and a Coastal Development Permit Amendment CDP 98-04(A) to construct a continuing care retirement community comprised of 31 1 independent living units, 52 villa units (23 attached villas, 29 garden villas), a commons building, and a recreation building. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. ASSESSOR’S PARCEL NUMBER: 255-01 2-1 7 APPLICANT: Continuing Life Communities LLC 1940 Levante Street Carlsbad, CA 92008 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 8, 2004 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the agenda bill will be available on or after Friday, June 4, 2004. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:OO a.m. to 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4614. APPEALS If you challenge the Site Development Plan Amendment and/or Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Atmeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. 0 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (1 0) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92 1 08-4402. CASE FILE: SDP 98-01 (A)/CDP 98-04(A) CASE NAME: LA COSTA GLEN - NORTH SITE PUBLISH: May 28,2004 CITY OF CARLSBAD CITY COUNCIL SITE LA COSTA GLEN NORTH SITE SDP 98-01 (A)/CDP 98=04(A) PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of This space is for the County Clerk's Filing Stamp Proof of Publication of North County Times CITY OF CARLSBAD NOTICE PUBLIC HEARING adjudicated newspapers of general circula EsCR~~ION. Formerly known as the Blade-Citizen a Times-Advocate and which newspapers ha I 2 determination' that the prop is within the sc aster Plan Final PK ram EIR and that the pmg m EIR adequateky%)scribes ke activ& for the urposes of?&A arld a request k bzpmvai of a site Developmnt plan Amendment SDP 9841(A),and a h&al Development permit Amel P 9~~4 A) to WnstNct a c~tmuy care retirement communtty comprised of 31 I independent living units, 5 of the revlousl certmed Green Val1 the Superior Of the County Of State of California, for the City of Oceansi i vi~a unk ( B attached villas, 29 garde vilas), a commons building, and a recreation building. OCATION. ASSESSOR'S PARCEL NUMBER: APPUCANT: arlsbad, GA 92008 1 the City of Escondido, Court Decree 17 1349, for the County of Sail Diego, t in Local Faciries notice of which the annexed is a printed ~0~~~~2-17 in type not smaller than nonpariel), ha: fag!f&%&mrfies~~~ published in each regular ad entire issue 1 A public hearing M1 thdhe pr the Ci Councll in the Courv%%%rnbek 1200 Cads- newspaper and not in any Supplement ther %d Village Drive, Cawd, Caliiornia, on Juk 8,2004 at persons am cordial nvied to attend the publlc hearing and provide the ddon'maken with an oral or wnin mments the may have re arding the p ect. The project will be descflb and a sta% rmme d tiq ken foi- the following dates, to-wit: lowed by publlc tesdlmon questions and a decis8on. 6op- y;ngf4h&pncla bill wyf be available on or after Friday, If yw iiave any questions OT would lii to be notified of the decision lease contact 'Christer Westman at the City of Caflsbad hannin Departmnt Monday throu h Thumy 7:30 am to 538 p.m nda ' 8:OO a.m. Jo ~:OO m at 1635 Faraday Avenue;6a&&d, California 92008(7&) ~~~~~~of~~~~~c~~~~El~~~~ pm,ect will be held 00 p.m. 602-4614. I certify (or declare) under penalty'o the foregoing is true and correct. Dated at SAN MARCOS California Day of May, 2004 This 2$r f perj LA COSTA GLEN NORTH SITE SDP 96-01 (A)/CDP 98-04(A) CITY COUNCIL NCT 1642238 May 28,2004 ~~~ Signature NORTH COUNTY TIMES Legal Advertising From: Isabelle Paulsen To: legals@nctimes.com Date: 5/14/04 8:31AM Subject: Public Hearing - La Costa Glen - North Site Mary: Please publish the attached Notice of Public Hearing for La Costa Glen-North Site on Friday, May 28, 2004. The map is also attached. This will be a 2x3 ad with City seal and border. Thank you. Isabelle Paulsen, CMC Deputy Clerk City of Carlsbad City Clerk/Records Management ipau I@ci.carlsbad. ca. us cc: Christer Westman; Val Dinsmore NOTICE OF PUBLIC HEARING DESCRIPTION: A determination that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan Amendment SDP 98-01(A) and a Coastal Development Permit Amendment CDP 98-04(A) to construct a continuing care retirement community comprised of 31 1 independent living units, 52 villa units (23 attached villas, 29 garden villas), a commons building, and a recreation building. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. ASSESSOR’S PARCEL NUMBER: 255-01 2-1 7 APPLICANT: Continuing Life Communities LLC 1940 Levante Street Carlsbad, CA 92008 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 8, 2004 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the agenda bill will be available on or after Friday, June 4, 2004. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 pm., Friday 8:OO a.m. to 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4614. APPEALS If you challenge the Site Development Plan Amendment and/or Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Atmeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92 1 08-4402. CASE FILE: SDP 98-01 (A)/CDP 98-04(A) CASE NAME: LA COSTA GLEN - NORTH SITE PUBLISH: May 28, 2004 CITY OF CARLSBAD CITY COUNCIL SITE LA COSTA GLEN NORTH SITE SDP 98-01 (A)/CDP 98-04(A) Smooth Feed SheetsTM Use template for 5160@ CARLSBAD UNlF SCHOOL DlST SAN DlEGUlTO SCHOOL DlST 6225 EL CAMINO REAL 701 ENCINITAS BLVD CARLSBAD CA 92009 ENClNlTAS CA 92024 ENCINITAS CA 92024 ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD LEUCADIA WASTE WATER DlST TIM JOCHEN 1960 LA COSTA AVE ENClNlTAS CA 92024 CARLSBAD CA 92009 CITY OF ENClNlTAS 505 S VULCAN AVE CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 VISTA CA 92085 CITY OF VISTA PO BOX 1988 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 I. P. U.A. SCHOOL OF PUBLIC ADMIN AND SAN DIEGO STATE UNIVERSITY CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE STE 100 URBAN STUDIES SAN DIEGO CA 92123 9174 SKY PARK CT REGIONAL WATER QUALITY SAN DIEGO CA 92123-4340 SAN DIEGO CA 92182-4505 LAFCO 1600 PACIFIC HWY SANDIEGO CA 92101 AIR POLLUTION CNTRL DlST SANDAG 9150 CHESAPEAKE DR STE 800 SANDIEGO CA 92123 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUT H 0 R I TY PO BOX 82776 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 7575 METROPOLITAN DR CA COASTAL COMMISSION STE 103 SAN DIEGO CA 92108-4402 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD COMMUNITY SERVICES PUB Ll C W 0 RKSlE NG I NE E RI NG BOB WOJCIK MUNICIPAL WATER DISTRICT DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER CHRISTER W ESTMAN 05/06/2004 AV&RY@ Address Labels Laser 5160@ AZURE INVESTORS L L C 225 S MERAMEC AVE 301 SAINT LOUIS, MO 63105-3511 CRESTVIEW AT ENCINITAS OWNERS AS 1815 ASTON AVE 101 CARLSBAD, CA 92008-7340 PIONEER LAND INC 2650 JAMACHA RD 141 EL CAJON, CA 92019-4319 CONTINUING LIFE COMMUNITIES LLC 800 MORNINGSIDE DR FULLERTON, CA 92835-3508 800 MORNING *** 12 Printed *** CURRENT RESIDENCE 7710 EL CAMINO REAL CARLSBAD CA 92009-8506 ERNESTINE E KROBLEN PO BOX 249 CLAREMONT, CA 91711-0249 CONTINUING LIFE COMMUNITIES LLC 1940 LEVANTE ST ~~~ ~~ ~~ CARLSBAD, CA 92009-5174 TOMMY SHIELDS 1555 BELLA VISTA DR ENCINITAS, CA 92024-1266 MARJORIE DITTO 14088 E KAMM AVE KINGSBURG, CA 93631-9252 CURRENT RESIDENCE 1950 SILVERLEAF CIR CARLSBAD CA 92009-8410 NOTICE OF PUBLIC HEARING COMPLETE DATE: September 9,2003 DESCRIPTION: A determination that the project is within the scope of the previously certified Green Valley Master Plan Final Program EIR and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan Amendment SDP 98-01(A) and a Coastal Development Permit Amendment CDP 98-04(A) to construct a continuing care retirement community comprised of 31 1 independent living units, 52 villa units (23 attached villas, 29 garden villas), a commons building, and a recreation building. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located north of Levante Street and west of El Camino Real in Local Facilities Management Zone 23. ASSESSOR’S PARCEL NUMBER: 255-01 2-1 7 APPLICANT: Continuing Life Communities LLC 1940 Levante Street Carlsbad, CA 92008 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on [DATE] at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the agenda bill will be available on or after [DATE]. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-461 4. ... ... ... ... ... APPEALS If you challenge the Site Development Plan Amendment and/or Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. ApDeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. 0 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921 08-4402. CASE FILE: CASE NAME: SDP 98-01 (A)/CDP 98-04(A) LA COSTA GLEN - NORTH SITE PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL SITE LA COSTA GLEN NORTH SITE SDP 98-01 (A)/CDP 98-04(A) La Costa Glen –North SiteSDP 98-01(A)/CDP 98-04(A) Location MapE L C A M IN O R E A L LA COSTA AVESITELEVANTESTCALLEBARCELONAPASEOALISOANILLO WYCITY OF ENCINITAS ƒApproved in 1999¾79 skilled nursing beds¾71 assisted living units¾229 independent living apts.¾33 personal care suites¾171 villas ƒProposed amendment in 2004¾79 skilled nursing beds¾71 assisted living units¾Commons¾Recreation¾540 independent living apts.•+311 independent living apts.¾33 personal care suites¾106 villas•-65 villas La Costa GlenƒIndependent living apartments¾One or two bedroom¾647 sq. ft. –1,419 sq. ft.ƒVillas¾Two bedroom¾Two bedroom + den¾1,138 sq. ft. –2,414 sq. ft. La Costa GlenƒRegulatory Documents¾General Plan¾Green Valley Master Plan¾Inclusionary Housing¾Conditional Uses¾Growth Management Plan¾Local Coastal Program