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HomeMy WebLinkAbout2007-12-18; City Council; 19269; 2007 Fire CodeCITY OF CARLSBAD - AGENDA BILL 18 AB# 19-269 MTG. 12/1007 DEPT. Planning CONTINUING CARE FACILITY BRESSI RANCH CT 06-19/PUD 06-16/CUP 06-17 DEPT. HEAD , CITY ATTY. < CITY MGR. 5g£ >/" RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 2007-327_ DETERMINING that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report (EIR 98-04) previously certified on July 9, 2002 and APPROVING a Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) for a continuing care facility that will consist of 86 individual ownership condominium units, an 11-room assisted care unit, basement parking garage, and common dining and recreation rooms. ITEM EXPLANATION: Project application(s) CT06-19 PUD 06-1 6 CUP 06-1 7 Administrative Approvals Reviewed by and Final at Planning Commission To be Reviewed - Final at Council X X X The project consists of 86 individual ownership condominium units, an 11-room assisted care unit, basement parking garage, and common dining and recreation rooms. The facility is located on a previously graded 2.5 acre pad within Planning Area 15 of the Bressi Ranch Master Plan and located north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street. Since the Tentative Subdivision Map and Non-Residential Planned Development Permit are for more than 50 non-residential airspace condominium units, the City Council is the final decision making body. The Conditional Use Permit for the facility is also by recommendation from the Planning Commission, consistent with the procedure established in the Bressi Ranch Master Plan. On November 7, 2007, the Planning Commission conducted a public hearing for the project and heard public testimony. The Planning Commission voted 7-0 to recommend approval of the project to the City Council. A resident of the Mulberry Condominiums located to the north of the project asked for information regarding delivery and ambulance service noise, project parking, and project lighting. A full disclosure of Planning Commission discussion and project details is provided in the attached staff report and minutes from the November 7, 2007 hearing. DEPARTMENT CONTACT: Christer Westman 760-602-4614 cwest@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ^annn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dnnn Page 2 FISCAL IMPACT: All public infrastructure that is required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and Title 19 - Environment. Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04). dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the "Bressi Ranch Master Plan" and associated actions inclusive of the subject planning area reviewed here. The City Council certified EIR 98-04 on July 9, 2002. 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 98-04 applicable to Planning Area 15 have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all the subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. EIR 98-04 is available for review at the Planning Department. EXHIBITS: 1. City Council Resolution No. ^ 2. Location Map 3. Planning Commission Resolutions No. 6270, 6271 and 6272 4. Planning Commission Staff Report, dated November 7, 2007 5. Draft Excerpts of Planning Commission Minutes, dated November 7, 2007. 1 RESOLUTION NO. 2007'327 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE 3 TRACT MAP (CT 06-19), A NONRESIDENTIAL PLANNED 4 DEVELOPMENT PERMIT (PUD 06-16) AND A CONDITIONAL USE PERMIT (CUP 06-17) TO DEVELOP A 5 PROFESSIONAL CARE FACILITY WITH 86 INDIVIDUAL OWNERSHIP CONDOMINIUM UNITS, AN 11-ROOM 6 ASSISTED CARE UNIT, BASEMENT PARKING GARAGE, AND COMMON DINING AND RECREATION ROOMS ON A 7 PREVIOUSLY GRADED 2.5-ACRE PROPERTY GENERALLY LOCATED IN PLANNING AREA 15 OF THE 8 BRESSI RANCH MASTER PLAN NORTH OF PARADISE ROAD, SOUTH OF TOWNGARDEN ROAD, EAST OF COTTAGE DRIVE, AND WEST OF NYGAARD STREET IN 10 LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: CONTINUING CARE FACILITY BRESSI 11 RANCH CASE NO.: CT 06-19/PUD 06-16/CUP 06-17 12 WHEREAS, pursuant to the provisions of the Municipal Code, the .. Planning Commission did, on November 7, 2007, hold a duly noticed public hearing as 15 prescribed by law to consider a Tentative Tract Map (CT 06-19), Non-Residential 16 Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17); 17 and 1 8 WHEREAS, the City Council of the City of Carlsbad, on the 1# day of cCCVAxev^. 2007, held a duly noticed public hearing to consider said Tentative 20 Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit 21 and at that time received recommendations, objections, protests, comments of all 22 persons interested in or opposed to CT 06-19, PUD 06-16, and CUP 06-17; and 23 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 25 the City of Carlsbad as follows: 26 1 . That all recitations are true and correct. 27 2. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map (CT 06-19), Non-Residential Planned Development 28 Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) is approved by the City 1 Council and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions Nos. 6270, 6271 and 6272, on file with the City Clerk 2 and made a part hereof by reference, are the findings and conditions of the City Council. 4 3. The action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits 5 for Judicial Review" shall apply: 6 "NOTICE TO APPLICANT" 7 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 8 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 11 becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, 12 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 15 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 16 17 18 19 '" 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 27 28 -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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 'LEWIS,'May ATTEST: „ & TRAINg M. WOOD/Ojty C|e$ (SEAL) D ^ ?$• rO-v EXHIBIT 2 NOT TO SCALE SITE MAP Continuing Care Facility Bressi Ranch CT 06-19/PUD 06-16/CUP 06-17 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6270 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO CONSTRUCT 4 A PROFESSIONAL CARE FACILITY WITH 86 INDIVIDUAL . OWNERSHIP CONDOMINIUM UNITS, AN 11-ROOM 5 ASSISTED CARE UNIT, BASEMENT PARKING GARAGE, 6 AND COMMON DINING AND RECREATION ROOMS ON A PREVIOUSLY GRADED 2.5-ACRE PROPERTY GENERALLY 7 LOCATED IN PLANNING AREA 15 OF THE BRESSI RANCH MASTER PLAN NORTH OF PARADISE ROAD, SOUTH OF 8 TOWN GARDEN ROAD, EAST OF COTTAGE DRIVE, AND 9 WEST OF NYGAARD STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. 10 CASE NAME: CONTINUING CARE FACILITY BRESSI RANCH 11 CASE NO.: CT 06-19 12 WHEREAS, Health Care Group Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a 14 California Limited Liability Company, "Owner," described as 16 Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad, County of San Diego, State of California, according to map 17 thereof No. 14800 on file in the Office of the County Recorder of San Diego County, May 21,2004 18 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Tentative Tract 21 Map as shown on Exhibits "A" - "T" dated November 7, 2007, on file in the Planning 22 Department CONTINUING CARE FACILITY BRESSI RANCH CT 06-19, as provided by 23 Chapter 20.12 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 7th day of November, 2007, 2tJ 2g hold a duly noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. 7 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL CT 06-19 - CONTINUING CARE 6 FACILITY BRESSI RANCH, based on the following findings and subject to the following conditions: 7 Findings; o 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 10 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots 11 being created satisfy all minimum requirements of Titles 20 and 21 governing lot _ sizes and configuration and have been designed to comply with all other applicable regulations. 2. That the proposed project is compatible with the surrounding future land uses since 14 surrounding properties are designated for Residential High Density, Residential Medium High Density, Local Commercial and Community Facilities uses on the General Plan, in that the project adds another social component to the Bressi Ranch as a senior's only professional care facility necessary to create a diverse community and is located specifically to take advantage of the proximity to the Village Square 17 as well as the retail services of the Bressi Ranch Village Center. 18 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 19 proposed, in that the project site can accommodate the proposed development while 2Q complying with applicable development standards including setbacks, lot coverage, and height as well as public facilities requirements specified in the Bressi Ranch 21 Master Plan and C.M.C. Title 21. 22 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 23 public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with proposed development. 25 5. That the property is not subject to a contract entered into pursuant to the Land 26 Conservation Act of 1965 (Williamson Act). 27 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the development is located where cooling coastal breezes reduce the need for mechanical air- conditioning, and construction techniques will deliver high insulation values to PCRESONO.6270 -2- reduce the need for mechanical heating, and landscaping will be installed to provide 2 shade and reduce the temperatures of developed areas. 3 7. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 4 habitat, in that the project will implement the required mitigation measures applicable to this site and contained in the Bressi Ranch Master Plan EIR certified 5 on July 9,2002. 8. That the discharge of waste from the subdivision will not result in violation of existing 7 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 10 9. The Planning Commission finds that the project, as conditioned herein, is in 11 conformance with the Elements of the City's General Plan, and Bressi Ranch Master Plan based on the facts set forth in the staff report dated November 7, 2007 including, 12 but not limited to the following: the project will provide professional care services and . - ownership housing for seniors; up to 200 professional care units were anticipated to be developed in mixed use Planning Area 15 of the Bressi Ranch Master Plan and 14 the project is a proposal for 86 professional care units and an 11 room assisted care unit; the development will contribute to the success of a mixed use community. 15 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 18 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 19 project will be installed to serve new development prior to or concurrent with need. Specifically: a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 22 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 23 will be collected prior to issuance of building permit. 24 c. 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. 26 11. 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 27 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. PCRESONO.6270 -3- 12. This project has been conditioned to comply with any requirement approved as part of the 2 Local Facilities Management Plan for Zone 17. 3 13. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 4 created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 17 LFMP and the project will 5 comply with the general and special conditions of the zone, and that the necessary infrastructure to serve the entire Bressi Ranch Master Plan community has already 7 been constructed. 8 14. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant shall record a notice concerning aircraft noise as the project is within the Noise 10 Impact Notification Area. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the 11 proposed land use is compatible with the airport, in that no areas of the project are within the 60 CNEL or greater noise contours for the airport. ._ 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 14 16. The Planning Director has determined that: 15 a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project 16 for which a program EIR was prepared, and a notice for the activity has been 17 given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the 18 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or . g b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan EIR 98-04 was certified by the City Council onf\r\ * *zu July 9,2002 in connection with the prior project or plan; and 21 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and22 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR 23 under CEQA Guidelines Sections 15162 or 15163 exist; and 24 f The Planning Commission finds that all feasible mitigation measures or project alternatives identified hi the Bressi Ranch Master Plan EIR 98-04, which are 25 appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent 26 Project. 27 17. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6270 -4- • 10 to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions; 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 6 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 7 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 9 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 10 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 Tentative Tract Map. . 2 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them 13 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, 14 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 16 regulations in effect at the time of building permit issuance. 17 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 is lg challenged, this approval shall be suspended as provided in Government Code Section . o 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 20 all requirements of law. 21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 23 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 Tentative Tract Map, 24 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 25 (c) Developer/Operator's installation and operation of the facility permitted hereby, 2g 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 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PCRESONO. 6270 -5- 6- Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Tentative Map reflecting the conditions approved by the final decision-making body. 3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this' project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7 g 9. This approval is granted subject to the approval of the Non-Residential Planned Development Permit PUD 06-16 and Conditional Use Permit CUP 06-17 and is 9 subject to all conditions contained in Planning Commission Resolutions No. 6271 and 6272 for those other approvals incorporated herein by reference. 10 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 12 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 13 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map for CT 06-19. j^ 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 16 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 17 condition, free from weeds, trash, and debris. 18 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 19 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 20 13. Developer shall establish a homeowner's association and corresponding covenants, 2 conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 22 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the 23 official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 24 «. a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 26 of, or in which the City has an interest. 27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. PCRESONO. 6270 -6- IZ 1 2 c- Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 3 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If 4 the City elects to perform such maintenance, the City shall give written notice to the c Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 6 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such 7 maintenance of the Common Area Lots and/or Association's Easements within the - period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 9 Owners as provided herein. 10 d. Special Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the j2 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 13 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in 14 the Project pursuant to the provisions of this Section. Said invoice shall be due and . . payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 15 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 17 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment j9 against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the 20 land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right 21 and power to levy such special assessment, to impose a lien upon their respective Lot 2~ and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment 23 in accordance with the procedures set forth in Article of this Declaration. 24 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 25 f- Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit . 27 14. Developer shall provide bus stops to service this development at locations and with 28 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a PCRESON0.6270 -7- minimum include a bench and a pole for the bus stop sign. The facilities shall be 2 designed to enhance or be consistent with basic architectural theme of the project 3 15. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including surface parking areas, pathway lighting, security lighting, and decorative lighting. All lighting shall be designed to reflect downward and avoid any impacts on e adjacent homes or property. 6 16. 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 7 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 17, pursuant to Chapter 21.90. All such 9 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 10 17. 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. 13 18. Prior to the recordation of the final map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to 1,. 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 16 Carlsbad has issued a Tract Map by Resolution No. 6270 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 17 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 19 said notice upon a showing of good cause by the Developer or successor in interest. 20 19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed 21 or made available to the public shall include but not be limited to trails, future and 22 existing schools, parks, and streets. 23 20. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall provide evidence that a Notice has been 24 recorded or shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in 26 the Planning Department). 27 21. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). PCRESONO.6270 -8- 22. Retaining walls shall be finished in material and color to complement the project 2 architecture. 3 Engineering; 23. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in approved format) reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be „ submitted in a format as approved by the City Engineer. 9 24. 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 10 the private improvements: driveways, sidewalks, street lights, landscaping and irrigation, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties 12 within the subdivision. 13 25. Developer shall install sight distance corridors at all street and driveway intersections in accordance with Engineering Standards and shall record the following statement on the 14 Final Map (and in the CC&Rs). "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or 16 permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is 17 established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight line is depicted on the tentative map and also applies to driveways. The underlying property owner shall maintain this condition." 19 The limits of these sight distance corridors shall be reflected on all improvement, grading, 20 or landscape plans prepared in association with this development. Fees/Agreements 22 26. Developer shall cause property owner to execute, and submit to the City Engineer for 23 recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: 24 A. Clearly delineate the limits of the drainage course; 26 B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; 27 2g C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in PC RESO NO. 6270 -9- damage to the underlying and adjacent properties or the creation of a public 2 nuisance. 3 27. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Best Management Practice ^ Maintenance Agreement for the perpetual maintenance of all treatment control, c applicable site design and source control, post-construction permanent BMPs prior to the issuance of a grading permit or building permit, or the recordation of a final map, 6 whichever occurs first for this Project. 7 28. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Assessment District (Poinsettia Lane), or the assessments must be 9 paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the Deputy City Engineer, Planning and Programs, 10 with the application for the final map. 11 Grading 12 29. Prior to the issuance of a grading permit or building permit, whichever occurs first, 13 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. 14 30. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply for and j g obtain a grading permit from the City Engineer. 17 Dedications/Improvements 1 £15 31. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or jo other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by 20 separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be 21 rededicated. 22 32. Additional drainage easements may be required. Developer shall dedicate and provide or 23 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 24 33. Developer shall execute and record a City standard Subdivision Improvement Agreement 2* to install and secure with appropriate security as provided by law, public improvements 26 shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, 27 clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities and reclaimed water, to City 28 Standards to the satisfaction of the City Engineer. The improvements are: PCRESONO.6270 -10- a) Removal and reconstruction of public improvements to Cottage Drive, 2 Astoria Street, Town Garden and Paradise Road as required by the City Engineer. This condition is to address sewer, water and storm drain 3 connections, and reconstruction of pavement to accommodate truck loading on Cottage Way. 4 5 b) Onsite (private) improvements including but not limited to sewer, water, storm drain, water quality treatment facilities, and access as shown on the 6 Tentative Map. 7 c) Water Quality treatment systems shall be designed to the satisfaction of the City Engineer. Additional Structural BMP devices may be required to comply with the current City of Carlsbad Standard Urban Storm Water 9 Mitigation Plan (SUSMP). 10 d) Removal of existing water services and appurtenances in adjacent streets not utilized by this development. 11 A list of the above shall be placed on an additional map sheet on the Final Map per the j2 provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision improvement 13 agreement or such other time as provided in said agreement. 14 34. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards. Prior to completion of grading, the final structural pavement design of the aisle ways shall be 15 submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 17 35. 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 19 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 20 to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: 21 a. Include all content as established by the California Regional Water Quality Control Board requirements; 23 b. Include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; 24 c. 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- 2g of-way or natural drainage course; and d. Establish specific procedures for handling. spills and routine clean up. Special 27 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants.28 PC RESO NO. 6270 -11- 17 36. Prior to the issuance of grading permit or building permit, whichever occurs first, 2 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)". The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 3 Stormwater Mitigation 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: 6 a. Identify existing and post-development on-site pollutants-of-concern; 7 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. Recommend source controls and treatment controls that will be implemented with this 9 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 10 d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper 11 procedures for handling clean up and disposal of pollutants; j 2 e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and f. Identify how post-development runoff rates and velocities from the site will not 13 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 14 Final Map Notes 37. Note(s) to the following effect shall be placed on the map as non-mapping data 17 A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available.18 B. 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 20 sight distance corridors. 21 38. All improvements are privately owned and are to be privately maintained with the exception of the following: 23 a) Water Mains and appurtenances specifically shown as public water mains, fire hydrants and related appurtenances identified as Public Improvements on 24 improvement plans for this project. 39. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters 27 or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the 28 design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. PC RESO NO. 6270 -12- 1 Water 2 40. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 3 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 4 considered public improvements and shall be served by public water mains to the c satisfaction of the District Engineer. 6 41. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-30 foot wide easements granted to the District or the City of 7 Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes.o 9 42. 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 10 Authority capacity charge(s) prior to issuance of Building Permits. 43. The Developer shall install potable water services and meters at a location approved by 12 the District Engineer, The locations of said services shall be reflected on public improvement plans. 13 44. The Developer shall install sewer laterals and clean-outs at a location approved by the 14 District Engineer. The locations of sewer laterals shall be reflected on public . ,. improvement plans. 16 45. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 17 determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.18 19 46. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that 20 adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 21 « 47. The design and operation of the proposed water system shall comply with the following: 23 a. Sub-meters may be installed for portions of this project. The sub-meters shall be 24 privately owned and maintained by the Property Owners Association (POA) or Operator of this facility. It shall be the responsibility of the POA/Operator to apportion the water bill to the separate sub-metered ownership within each 26 building served by a City water meter. b. Prior to issuance of building permits for this project, the owner shall create an 27 impound account to be funded with an amount equal to an estimated three months of water bill payments for the entire project. 28 c. Owners and tenants of the units shall be notified that the City may shutoff water service to the entire building if adequate payment of the water bill is not made. PCRESONO.6270 -13- d. The project CC&R's shall include wording satisfactory to the City Engineer 2 relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also include language stating that the CC&R provisions related to water meters 3 cannot be changed without the approval of the City Engineer. 48. The entire sewer system is considered private, subject to California Plumbing Code. <- The limits of Public responsibility and private ownership shall be shown on the approved Tentative Map and Grading or Improvement Plans for this project. 6 Code Reminders 7 49. The project is subject to all applicable provisions of local ordinances, including but not limited to the following. 9 50. The tentative map shall expire twenty-four (24) months from the date this tentative map 10 approval becomes final. 11 51. Developer shall exercise special care during the construction phase of this project to prevent offsite dust and siltation. Planting, erosion and dust control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 14 52. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 15 53. Developer shall pay a landscape plancheck and inspection fee as required by Section 16 20.08.050 of the Carlsbad Municipal Code. 54. Approval of this request shall not excuse compliance with all applicable sections of the «R Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 19 55. The project shall comply with the latest nonresidential disabled access requirements 20 pursuant to Title 24 of the State Building Code. 21 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.22 __ 57. 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 24 Director prior to installation of such signs. 25 26 27 28 PCRESONO.6270 -14- 1 NOTICE 2 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." 5 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 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. 9 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, 10 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 . Commission of the City of Carlsbad, California, held on the 7th day of November, 2007, by the 15 following vote, to wit: 17 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 18 19 NOES: 20 ABSENT: 21 ABSTAIN: 22 23 24 JULIE BAKER\Chairperson CARLSBADPI/ANNING COMMISSION 26 ATTEST: 27 28 DONNEU Planning Director PCRESON0.6270 -15- 1 PLANNING COMMISSION RESOLUTION NO. 6271 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NON-RESIDENTIAL PLANNED 4 DEVELOPMENT PERMIT TO CONSTRUCT A 5 PROFESSIONAL CARE FACILITY WITH 86 INDIVIDUAL OWNERSHIP CONDOMINIUM UNITS, AN 11-ROOM 6 ASSISTED CARE UNIT, BASEMENT PARKING GARAGE, AND COMMON DINING AND RECREATION ROOMS ON A 7 PREVIOUSLY GRADED 2.5-ACRE PROPERTY GENERALLY LOCATED IN PLANNING AREA 15 OF THE BRESSI RANCH * MASTER PLAN NORTH OF PARADISE ROAD, SOUTH OF 9 TOWN GARDEN ROAD, EAST OF COTTAGE DRIVE, AND WEST OF NYGAARD STREET IN LOCAL FACILITIES 10 MANAGEMENT ZONE 17. CASE NAME: CONTINUING CARE FACILITY BRESSI 1l RANCH 12 CASE NO.: PUD 06-16 13 WHEREAS, Health Care Group Inc., "Developer," has filed a verified 14 application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a California Limited Liability Company, "Owner," described as 16 Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad, 17 County of San Diego, State of California, according to map thereof No. 14800 on file in the Office of the County Recorder 1 ° of San Diego County, May 21,2004 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Planned 22 Development Permit as shown on Exhibits "A" - "T" dated November 7, 2007, on file in the 23 Planning Department, CONTINUING CARE FACILITY BRESSI RANCH PUD 06-16, as 24 provided by Chapter 21.47 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on the 7th day of November, 2007, 26 hold a duly noticed public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Planned Development Permit. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of PUD 06-16 - CONTINUING CARE FACILITY BRESSI RANCH, based on the following findings and subject to 10 the following conditions: 11 Findings; 12 1. That the granting of this permit will not adversely affect and will be consistent with the 13 Municipal Code, the General Plan, applicable master plan, and all adopted plans of the City and other governmental agencies, in that the Municipal Code allows for the 14 subdivision of commercial buildings for the purpose of multiple ownerships and the Bressi Ranch Master Plan specified that up to two-hundred professional care units 5 may be constructed onsite. 2. That the proposed use at the particular location is necessary and desirable to provide a 17 service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the Bressi Ranch Master Plan describes 18 Planning Area 15 as a mixed use neighborhood that will include professional care units, multi-family units, retail, and the Village Square and that the combination of uses will contribute to the successful social dynamics of the Bressi Ranch. 20 3. That such project will not be detrimental to the health, safety, or general welfare of 21 persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project is a professional care facility for seniors and as such 22 will not involve hazardous materials or operations that will have an affect on neighboring properties. _ . 4. That the proposed project complies with all applicable development standards included within this chapter, in that the proposed project is consistent with all standards of the 25 Bressi Ranch Master Plan and Chapters 21.31 and 21.47 of the Carlsbad Municipal Code 26 5. That the proposed project's site design, and architecture are compatible with surrounding 27 development, in that the project design includes living spaces that face toward the 2£ street, it is consistent with the intent of the mixed use Planning Area 15 of the Bressi Ranch Master Plan, and it is compatible with the existing surrounding residential PCRESONO. 6271 -2- developments which are two-story single family and multi-family residential 2 condominiums with similar architectural features as the proposed project 3 6. The Planning Director has determined that: 4 a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the 5 program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or 7 b. this project is consistent with the Master Plan cited above; and 8 c. the Bressi Ranch Master Plan EIR 98-04 was certified by the City Council on g July 9,2002 in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant 10 in the prior EIR; and 11 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 12 f. The Planning Commission finds that all feasible mitigation measures or project 13 alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into ^ the project design or are required as conditions of approval for this Subsequent 15 Project. 16 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 1 g provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 19 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 8. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 22 created by this project and in compliance with adopted City standards, in that the project is being proposed and will be implemented consistent with the requirements of the 23 Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. 24 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 26 10. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 27 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 28 PCRESONO. 6271 -3- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 a grading permit or building permit whichever occurs first. ^ 1. If any of the following conditions fail to occur, or if they are, by their terms, to be f implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 6 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Non-Residential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Development Permit documents, as j2 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 13 Any proposed development, different from this approval, shall require an amendment to this approval. 14 .,. 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 19 unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and 22 representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the City arising, 23 directly or indirectly, from (a) City's approval and issuance of this Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, 24 whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by 26 the facility of electromagnetic fields or other energy waves or emissions. 27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body.28 PCRESONO.6271 -4- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Planning Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 8. This approval is granted subject to the approval of the Tentative Tract Map CT 06-19 and Conditional Use Permit CUP 06-17 and is subject to all conditions contained in Planning Commission Resolutions No. 6270 and 6272 for those other approvals incorporated herein by reference. 6 9. This project shall comply with all conditions and mitigation measures which are required ' as part of the Zone 17 Local Facilities Management Plan and any amendments made to 0 that Plan prior to the issuance of building permits.o 9 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 10 adequate water service and sewer facilities, respectively, are available to the project at the tune of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. NOTICE 13 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 15 "fees/exactions." 16 YOU have 90 days from date of final approval to protest imposition of these fees/exactions. If y°u 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 18 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 19 annul their imposition. 20 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 22 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 23 expired. 24 25 26 27 28 PCRESON0.6271 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, California, held on the 7th day of November, following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: H^ H jJLI >\ ™ 1*^1 t«IM JULIE BAKER, Chairperson CARLSBAD BANNING COMMISSION ATTEST: A ~^/t <JG*\. / \QAA DONNEU Planning Director PCRESON0.6271 -6- the Planning 2007, by the Dominguez, 1 PLANNING COMMISSION RESOLUTION NO. 6272 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A PROFESSIONAL CARE FACILITY WITH 86 s INDIVIDUAL OWNERSHIP CONDOMINIUM UNITS, AN 11- ROOM ASSISTED CARE UNIT, BASEMENT PARKING 6 GARAGE, AND COMMON DINING AND RECREATION ROOMS ON A PREVIOUSLY GRADED 2.5-ACRE PROPERTY 7 GENERALLY LOCATED IN PLANNING AREA 15 OF THE BRESSI RANCH MASTER PLAN NORTH OF PARADISE 8 ROAD, SOUTH OF TOWN GARDEN ROAD, EAST OF 9 COTTAGE DRIVE, AND WEST OF NYGAARD STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. 10 CASE NAME: CONTINUING CARE FACILITY BRESSI RANCH 11 CASE NO.: CUP 06-17 12 WHEREAS, Health Care Group Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a 14 1 California Limited Liability Company, "Owner," described as 16 Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad, County of San Diego, State of California, according to map 17 thereof No. 14800 on file in the Office of the County Recorder of San Diego County, May 21,20041 o 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Conditional Use 21 Permit as shown on Exhibits "A" - "T" dated November 7, 2007, on file in the Planning 22 Department, CONTINUING CARE FACILITY BRESSI RANCH - CUP 06-17, as provided 23 by Chapter 21.42 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 7th day of November, 2007, £3 26 hold a duly noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing, and considering all testimony 2° and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 5 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP 06-17 - CONTINUING CARE 6 FACILITY BRESSI RANCH, based on the following findings and subject to the following conditions: 7 0 Findings;o 9 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan including 10 the Bressi Ranch Master Plan, in that the project will provide professional care facilities for seniors and that will contribute to the goal of creating a socially integrated community. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 13 in the zone in which the proposed use is to be located, in that the project is a professional care facility for seniors and as such will not involve hazardous 14 materials or operations that will have an affect on neighboring properties. 3. That the site for the proposed conditional use is adequate in size and shape to 16 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required in order 17 to integrate the use with other uses in the neighborhood, in that all of the required development standards of the underlying zone, Non-Residential Planned Development Permit development standards, and the Bressi Ranch Master Plan 19 have been accommodated including onsite parking, height limits and setbacks and no special development considerations were needed to adjust the project for 20 compatibility with the neighborhood. 21 4. That the street system serving the proposed use is adequate to properly handle all traffic 22 generated by the proposed use, in that the Bressi Ranch Master Plan assumed the development of a professional care facility with 200 units which is a greater impact 23 than the proposed project. The environmental impact report prepared for the Bressi Ranch Master Plan analyzed the impacts of the larger project and no 24 significant adverse impacts to traffic were identified. 25 5. The Planning Director has determined that: 26 a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project 27 for which a program EER was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the 28 program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or PCRESON0.6272 -2- b. this project is consistent with the Master Plan cited above; and 2 c. the Bressi Ranch Master Plan EIR 98-04 was certified by the City Council on July 9,2002, in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant 4 in the prior EIR; and 5 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 6 f. The Planning Commission finds that all feasible mitigation measures or project 7 alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local ,. Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 12 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 13 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 7. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 16 created by this project and in compliance with adopted City standards, in that the project is being proposed and will be implemented consistent with the requirements of the *' Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. 18 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 19 Code Section 14.28.020 and Landscape Manual Section I B). 20 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions; 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 26 1 • If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 27 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the PC RESO NO. 6272 -3- property title; institute and prosecute litigation to compel their compliance with said 2 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use 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, 6 different from this approval, shall require an amendment to this approval. 7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. o 9 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 10 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 1 unless the City Council determines that the project without the condition complies with 12 all requirements of law. 13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 14 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 17 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the ° facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to 25 that Plan prior to the issuance of building permits. 27 28 PCRESONO.6272 -4- 9. Building permits will not be issued for this project unless the local agency providing 2 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 3 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 4 r 10. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have 6 a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the 7 Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 9 11. This Conditional Use Permit is granted in perpetuity. This permit may be revoked at 10 any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions 1 * imposed herein have not been met. 12 12. This approval is granted subject to the approval of CT 06-19 and PUD 06-16 and is 13 subject to all conditions contained in Planning Commission Resolutions No. 6270 and 6271 for those other approvals incorporated herein by reference. 14 15 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 16 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 17 condition, free from weeds, trash, and debris, 18 14. Developer shall provide bus stops to service this development at locations and with 19 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a 20 minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 21 « 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 23 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 24 16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 26 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 27 satisfaction of the Planning Director. 28 PCRESONO.6272 -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 17. 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. 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including surface parking areas, pathway lighting, security lighting, and decorative lighting. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PCRESON0.6272 -6- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 7th day of November 2007 by the 3 following vote, to wit: 4 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 6 NOES: 7 0 ABSENT: o 9 ABSTAIN: 10 11 12 JULIE BAKER, ChairpersonCARLSBAD PLANNING COMMISSION 13" 14 ATTEST: 15 16 DONNEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6272 -7- Tne City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: November 7, 2007 Application complete date: March 2, 2007 Project Planner: Christer Westman Project Engineer: Clyde Wickham SUBJECT: CT 06-19/PUD 06-16/CUP 06-17 - CONTINUING CARE FACILITY BRESSI RANCH - Request for a determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommendation for approval of a Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) to develop a professional care facility with 86 individual ownership condominium units, an 11-room assisted care unit, basement parking garage, and common dining and recreation rooms on a previously graded 2.5-acre property generally located in Planning Area 15 of the Bressi Ranch Master Plan north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street in Local Facilities Management Zone 17. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6270, 6271 and 6272 making the determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and RECOMMENDING APPROVAL of Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project consists of a Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit to construct a new professional care facility in Planning Area 15 of the Bressi Ranch Master Plan. Unique to the Bressi Ranch Master Plan, a professional care facility with up to 200 units can be located in mixed-use Planning Area 15. Per the master plan, approval for this type of facility (commercial living unit) is regulated by the Local Shopping Center General Plan and Zoning designations and requires approval of a Conditional Use Permit. As proposed, the facility includes 86 for sale condominium units, common recreation and dining rooms, and an 11-room assisted care section. Residents are required to purchase their unit and then are required to pay a monthly service fee for a menu of continuing care senior services. The facility will also include community features such as a card room, library, and outdoor pool and spa. Section 87101 of CA Title 22 defines "elderly person" as someone 60 years of age or older. The project proponent will require that facility residents must have reached a minimum age of 60 before they qualify to purchase a unit. o CT 06-19/PUD 06-16/CUP Ob-17 - CONTINUING CARE FACILITY BRESSI RANCH November 7,2007 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The project site is located in the mixed-use Planning Area 15 of the Bressi Ranch Master Plan. The site is vacant and was previously graded as part of the mass grading operations for the initial subdivision of Bressi Ranch. The site has been used for various staging operations and has therefore been left without vegetation or improvements. The site is surrounded on all four sides by streets. Town Garden Road is on the north, Paradise Road is on the south, Nygaard Street is on the east, and Cottage Drive is on the west. The property to the north is developed as multi-family residential, the properties to the west and south are developed as single-family residential with alley access, and the property to the east is the Bressi Ranch Village Square. The Bressi Ranch Master Plan identified that a professional care facility with up to 200 units could be developed in Planning Area 15. The proposed project includes 86 professional care ownership condominium units and an 11-room assisted care unit with a total of 19 beds. The ownership units are distributed in 8 separate buildings. The remaining two buildings house the common dining and recreation rooms as well as the administrative functions of the facility. A full spectrum of continuing care services will be provided to residents such as medical assistance, transportation, meals, wellness programs, and social programs. The common buildings are two-levels and the residential buildings are predominantly three- levels above ground. The architectural style is Spanish and materials include red tile roofs, off- white stucco walls and wrought iron detailing. Some of the common and condominium buildings are built over a basement garage. The primary access to the site is from Nygaard Street. Some visitor parking is provided at grade in front of the administration building. Most parking is within the basement garage which has a ramp access from the main entry auto-court off of Nygaard Street and a secondary access off of Cottage Drive. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan; B. Bressi Ranch Master Plan, MP 178; C. Local Shopping Center Zone (C.M.C. 21.31); D. Parking Ordinance, (C.M.C. 21.44); E. McClellan-Palomar Airport Comprehensive Land Use Plan; F. Non-residential Planned Development Ordinance (C.M.C. 21.47); and G. Growth Management Ordinance (C.M.C. 21.90). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. CT 06-19/PUD 06-16/CUP Oo-17 - CONTINUING CARE FACILIT\ BRESSI RANCH November 7,2007 Page 3 ; A. General Plan The project site is within Planning Area 15 of the Bressi Ranch Master Plan. All of Planning Area 15 has a combination General Plan Land Use designation of RH (Residential High Density), L (Local Shopping Center), and CF (Community Facilities). The Bressi Ranch is unique in that Planning Area 15 was designated with the intent that a mixture of retail, commercial and residential uses would be present. The Bressi Ranch Master Plan specifies that a professional care facility is an anticipated use within Planning Area 15. The project is located adjacent to the Bressi Ranch Village Square as well as retail services in the Bressi Ranch Village Center. B. Bressi Ranch Master Plan (MP 178) The Bressi Ranch Master Plan states that unless specified otherwise, commercial development in Planning Area 15 of the Bressi Ranch Master Plan will comply with the corresponding regulations and development standards of the Local Shopping Center (C-L) Zone (C.M.C. 21.31) and Parking Ordinance (C.M.C. 21.44). In addition, general design guidelines were established for the development of the Bressi Ranch mixed use Planning Area 15. The project has implemented these guidelines including building separation and orientation onsite that creates a sense of place, open space, pedestrian scale, and amenities to make the space inviting for residents; orientation of buildings with windows, entries, balconies and/or porches toward the street or onsite active pedestrian area; buildings oriented toward the Village Square; and parking on both sides of the street. Other site design elements include enhanced paving at site entries, two-level over garage building massing on the west elevations, varying building planes, and the use of architectural elements such as stone veneer, a variety of paint colors, contrasting window frames and glass, awnings, and wrought iron accents. C. Local Shopping Center Zone (L-C) Professional Care facilities are defined in Section 21.04.093 of the Carlsbad Municipal Code as commercial living units. The Bressi Ranch Master Plan specifies that all commercial projects in Planning Area 15 shall be subject to the development standards of the Local Shopping Center Zone. The following Table 1 illustrates the development standards applicable to the site and the project's compliance with those standards. 57 CT 06-19/PUD 06-16/CUP Oo-17 - CONTINUING CARE FACILITY BRESSI RANCH November 7, 2007 Page 4 TABLE 1 Local Shopping Center Zone Development Standards Building Height Building Levels Building setbacks Standard 35 feet maximum 3 levels maximum No setbacks are required for commercial buildings. Provided 35 feet maximum The garage qualifies as a basement and is not included as a "level". The project includes up to 3 levels of living space above the garage. Buildings vary from no setback along Cottage Drive to 70 ft+ along Nygaard Street. As seen in Table 1 above, the project is proposed within the maximum height limitation of 35 feet. The height is measured from the grade after the property is developed or improved in accordance with the grading plans which implement the tract map. Since the site slopes from the northeast corner of the site down to the southwest corner of the site, the grading plan requires taking earth from the higher elevation of the site and relocating it to the lower elevation. The result is large pad areas and pad elevations that are more even over the site. The Master Plan approved two locations for access to the site. Pad heights are also limited in order to make the access points work for vehicles entering and exiting the site and by the allowable incline for the driveways accessing the underground parking garage. The onsite slope and height differences between pads are further restricted because the site must remain relatively flat so as to accommodate free movement across the site by persons with limited mobility. In addition, the ability to gravity drain the basement garage was also a consideration in the establishment of the pad grades. Some retaining walls along the perimeter of the site are necessary to achieve the desired grades. There are 42 inch high retaining walls exposed outwardly to the street located at the corner of Cottage Drive and Paradise Road as well as at the corner of Cottage Drive and Town Garden Road. A five foot retaining wall exposed internally to the project is located at the corner of Town Garden Road and Nygaard Street. D. Parking Ordinance (C.M.C. Chapter 21.44) Onsite parking for professional care facilities is required at a ratio of 0.45 parking spaces per every bed. However, the majority of the project is not defined by the number of beds there are but by the number of unit bedrooms. Therefore, an assumption has been made that each bedroom in the facility is equal to one bed. So for the purpose of determining the minimum required number of parking stalls required onsite, the project is comprised of 50 two-bedroom condominiums and 36 one-bedroom condominiums (136 bedrooms). Therefore 136 beds are assumed to be in the condominium portion of the project. In addition there is an 11 room (19 beds) care facility onsite which increases the bed total to 155. Based on 155 beds the minimum requirement (ratio of .45 spaces per bed) is 70 onsite parking spaces. The project has been designed to provide 106 parking spaces. There are 36 spaces provided above the Parking Ordinance minimum requirement, 14 of those spaces are tandem. There are 58 standard and 12 compact spaces to meet the minimum parking requirement. None of these required spaces are tandem. CT 06-19/PUD 06-16/CUP Oo-17 - CONTINUING CARE FACILITY BRESSI RANCH November 7, 2007 Page 5 Parking Table 1 Beds 2 per 2- bedroom unit @ 50 units 1 per 1 -bedroom unit @ 36 units 19 care unit beds Tandem spaces Total Ratio .45 per bed .45 per bed .45 per bed Minimum 45 16 9 70 Provided 56 27 9 14 106 E. McClellan-Palomar Airport Comprehensive Land Use Plan The project is consistent with the Bressi Ranch Master Plan and therefore also consistent with the Comprehensive Land Use Plan since the San Diego Regional Airport Authority Airport Land Use Commission reviewed the Bressi Ranch Master Plan for consistency with the Palomar McClellan Airport Comprehensive Land Use Plan (CLUP) and found it to be consistent with the CLUP. Subsequent projects consistent with the Master Plan are therefore not required to be reviewed by the Airport Land Use Commission for CLUP consistency. More specifically, the project site is located southeast of the McClellan-Palomar Airport. It is not within the current boundaries of the Airport Influence Area (AIA) or the Flight Activity Zone (FAZ). The AIA is generally the area in which current and future airport-related noise, overflight, safety and/or airspace protection factors may affect land uses or necessitate restrictions on use. The FAZ identifies properties that in addition to the considerations of the AIA, should be held free of intensive development. The project site is also well outside of the plotted airport noise contours in the Comprehensive Land Use Plan (CLUP). Therefore, noise attenuation and land use compatibility with the airport is not an issue. The site is located within the future "Extended Approach/Departure Zone" and identified as a Zone C in the Interim Draft of the future updated Comprehensive Land Use Plan for McClellan- Palomar Airport. Incompatible uses in Zone C include children's schools, day care centers, libraries, hospitals, and nursing homes. The proposed project is not categorized as any of the prohibited uses and is therefore consistent with the existing and most recently proposed CLUP for McClellan-Palomar Airport. F. Non-Residential Planned Development Ordinance (C.M.C. Chapter 21.47) All Non-Residential Planned Developments (PUD) must comply with the requirements and development standards of the underlying zone and all requirements of Title 20 (Subdivision Ordinance) with the exception that lots may be created that are less than the minimum required by that zone. The discretionary applications for the project include a Non-Residential Planned Development Permit because the project includes condominium units for individual ownership. The project as proposed is consistent with the development standards of the underlying zone as illustrated above in Sections B, C, and D above. The project is consistent with the Non-Residential Planned Development Ordinance in that the proper application and procedure for review, which is that the Non-Residential Planned Development Permit is accompanied by a Tentative Tract Map CT 06-19/PUD 06-16/CUP Oo-17 - CONTINUING CARE FACILITY BRESSI RANCH November 7, 2007 Page 6 application, has been completed and in that the project has been designed in conformance with the applicable development standards of the Zoning Ordinance. G. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 17 in the southeast quadrant of the City. The proposal is a commercial project and that is reflected in the Local Facilities Impacts Analysis. The impacts on public facilities created by the project and its compliance with the adopted performance standards, are summarized in Table 2 below. TABLE 2 Growth Management Compliance STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS N/A N/A 86EDU - N/A 24.8cfs(Basinl7B) 215 ADT Station Nos. 2 and 5 N/A N/A 86EDU 1 8,920 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff concluded 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 the Bressi Ranch Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the "Bressi Ranch Master Plan" including analysis of traffic circulation, water quality and compliance with SB 221 and SB 610 regarding water availability, biological resources, and land use and associated actions inclusive of the proposed planning area project reviewed here. The City Council certified EIR 98-04 on July 9, 2002. 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 98-04 applicable to the proposed planning area projects have been completed and incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program CT 06-19/PUD 06-16/CUP 06-17 - CONTINUING CARE FACILITY BRESSI RANCH November 7, 2007 Page 7 EIR 98-04 and no further CEQA compliance is required. EIR 98-04 is available at the Planning Department. ATTACHMENTS; 1. Planning Commission Resolution No. 6270 (CT) 2. Planning Commission Resolution No. 6271 (PUD) 3. Planning Commission Resolution No. 6272 (CUP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impacts Assessment Form 7. Disclosure Statement 8. Reduced Exhibits 9. Full Size Exhibits "A" - "T" dated November 7, 2007 41 NOT TO SCALE SITE MAP Continuing Care Facility Bressi Ranch CT 06-19/PUD 06-16/CUP 06-17 BACKGROUND DATA SHEET CASE NO:CT 06-19/PUD 06-16/CUP 06-17 CASE NAME: CONTINUING CARE FACILITY BRESSI RANCH APPLICANT: HEALTH CARE GROUP LLC REQUEST AND LOCATION: Construction of a professional care facility with 86 individual ownership condominium units, an 11-room assisted care unit, basement parking garage, and common dining and recreation rooms on a previously graded 2.5-acre property south of Town Garden Road, east of Cottage Drive, north of Paradise Road and west of Nygaard Street in Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lot 2 of Carlsbad Tract CT 03-03. in the City of Carlsbad. County of San Diego, State of California, according to map thereof No. 14800 on file in the Office of the County Recorder of San Diego County, May 21, 2004 APN: 213-190-02-00 Acres: 2.5 Proposed No. of Lots/Units: 86 residential units GENERAL PLAN AND ZONING Existing Land Use Designation: RH/L/CF Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: RD-M/C-L/C-F Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site North South East West RD-M/C-L/C-F RD-M/C-L/C-F RD-M RD-M/C-L/C-F RD-M RH/L/CF RH/L/CF RMH RH/L/CF RMH Current Land Use Vacant Multi-Family Single Family Vacant Single Family LOCAL COASTAL PROGRAM Coastal Zone: I I Yes 1X1 No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: I I Yes IXI No Coastal Development Permit: I I Yes Local Coastal Program Amendment: I I Yes IXI No No Existing LCP Land Use Designation: N/A Existing LCP Zone: N/A _Proposed LCP Land Use Designation: N/A .Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 86 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued Certified Environmental Impact Report, dated July 9. 2002 (EIR 98-04) Other, Revised 01706 * i144 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Continuing Care Facility Bressi Ranch LOCAL FACILITY MANAGEMENT ZONE: 17 GENERAL PLAN: RH/L/CF ZONING: RD-M/C-L/C-F DEVELOPER'S NAME: Health Care Group LLC ADDRESS: 9619 Chesapeake Dr. Suite 103 San Diego CA 92123 PHONE NO.: 858-565-4424 ASSESSOR'S PARCEL NO.: 213-190-02-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT, DU): 2.5 ac./157.496sq.ft. A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. Schools: J. Sewer: K. Water: L. Demand in Square Footage = 299 0.60 Demand in Square Footage = 159.46 86 EDU Demand in Acreage = Demand in CFS = Identify Drainage Basin = Demand in ADT= 215 24.8 (Basin 17B) Buena/Vallecitos Served by Fire Station No. = 2 and 5 Acreage Provided =N/A N/A Demands in EDU Identify Sub Basin = Demand in GPD = 86 17a 18.920 The project is not a residential project and therefore does not have a density impact under the Local Facilities Management Plan for Zone 17. City of Car Is bad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. 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 defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN. MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title SEE ATTACHED Address Com/Part HEALTH CARE GROUP. INC. Title APPLICANT Address 9619 CHESAPEAKE DR.. STE t103 SAN DIEGO, CA 92123 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL 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 corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title N/A Address Corp/Part BRESsi HOLDING. LLC Title OWNER Address 9619 CHESAPEAKE DR., STE #103 SAN DIEGO, CA 92123 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 « www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A Non Profit/Trust N/A Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes X I No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date 0 BRESSI HOLDING, LLC Print or type name of owner By: Daniel K. Moriarty, President Signature of applicant/date HEALTH CARE GROUP. INC. _ Print or type name of applicant By: William M. Chance, President Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 HEALTH CARE GROUP Principals William M. Chance President/CEO Jack L. Rowe Vice President Frank Virgadamo Vice President B. Renee Barnard Executive Vice President D. Kevin Moriarty Vice President-Development V 5 It . " ¥3 si 85|3€ <* il i:i! S QC tffi i2 ^?S ^^ iQ iQuiiSi! HIQC ;mfc LU 5 2^ HI Z S 8 5 Siao 0 ;s* i 1His i ,sfl i ^ iS I*iifii"fc 8& P! halia "n " *^§5 «bS 8 ^sfl III! £Si * i\•it BO 15 Ii i — • 111 I!! Isi Hi; ill Ml flail : I <*• iiMMjij iiiish! i -..•x.^-?~*S~^—* , Hi; •54 Ml «.','ii i i 3s nil liiiiiillJJiliiiillliiiJJ.iiiilililiiii.Jii.iiiiii !'ii i,3 fe* to iSl'SfiHi!! ill !il!!i] Iliiliiiiiiliilililiiliiilili1! MI i !i iii» ihiiii i illlhii III ,1! ililiitL : hlliiiiii is lit' i! iiiiii ill*S»9 I iH;i«1 M h!l Ii tl 53a- * - < II ili Si ,,„, ,j IHii! iiiniiniiiiiiiiiiiinHi , yiii avpa---N3oitva" NMOI v,U H 20H -. TJ3J ^ -_Ornm <-3 oo o1 >o -< I EB)EB EB aac aac oozz o< UJ 255? uj$ Xo> en I 1 EXHIBIT 5 Planning Commission Minutes November 7,2007 Bttsl MJHHTX Page 7DRAFT Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would be make the staff presentation. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of Staff. Commissioner Cardosa asked Mr. Goff to give a description of the parking structure. Mr. Goff stated the roof deck of the structure will be at grade level with El Camino Real. Chairperson Baker asked if there any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Associates, 5900 Pasteur Court Suite 100, gave a brief presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of the applicant. Commissioner Whitton asked about trash, utility and electrical boxes along El Camino Real. Mr. Sobcyk stated there will be enhanced landscaping in the area. Commissioner Dominguez asked if the top of the berm is approximately to the top of the building structures. Mr. Sobcyk responded stated that was correct. Chairperson Baker asked if there were any further questions of the applicant. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6350 APPROVING Special Use Permit 05-18, based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Boddy, Commissioner Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson Baker asked Mr. Neu to introduce next item. 3. CT 06-19/PUD 06-16/CUP 06-17 - CONTINUING CARE FACILITY BRESSI RANCH - Request for a determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommendation for approval of a Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) to develop a professional care facility with 86 individual ownership condominium units, an 11-room convalescent care unit, basement parking garage, and common dining and recreation rooms on a previously graded 2.5-acre property generally located fn Planning Area 15 of the Bressi Ranch Master Plan north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street in Local Facilities Management Zone 17. Planning Commission Minutes November 7,2007 v. Page 8 Mr. Neu introduced Agenda Item 3 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of staff. Commissioner Whitton asked about any letters received on the project. Mr. Westman stated no letters were received in regards to this project. Commissioner Dominguez asked if the surface parking stalls by the administration building would be adequate for the facility, and if service deliveries would be unloaded in the same area or in the underground parking garage. Mr. Westman stated Staff feels the surface parking is adequate and there will also be underground parking available for guests. Mr. Westman stated deliveries would be from the underground parking area. Commissioner Cardosa asked what the approximate number of parking spaces along the street will be. Mr. Westman stated there would be at least eight each along the north and south with another eight on each of the other sides for about 20 to 30 spaces. Chairperson Baker asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Andrew Hoskinson, Hofman Planning and Associates, 5900 Pasteur Court Suite 100, gave a brief presentation and stated he would available to answer any questions. Chairperson Baker asked if there were any questions of the applicant. Commissioner Boddy asked about the floor plans of the units. Mr. Hoskinson stated they are essentially stacked flats. Commissioner Whitton asked about usage of solar energy uses for heating the pools, etc. Mr. Hoskinson none has been contemplated at this point. Commissioner Boddy asked if there will be kitchens in each unit or if there is common dining facilities. Mr. Hoskinson stated the units will have individual kitchens as well as the dining facilities on site. Chairperson Baker opened public testimony on the item. Harry Grove, 2681 Alameda Circle, stated his concerns are the lights, noise from ambulances, trash and deliveries, and parking from the site. Chairperson Baker closed public testimony on the item. Mr. Westman stated the trash service is about 2 to 3 times per week and it would be from Cottage Drive as opposed to Town Garden Road which is adjacent to Mr. Grove's neighborhood. Deliveries are also from Cottage Drive and onsite parking is in the underground garage. Mr. Westman further stated that there will be further review of the lighting on the site. Commissioner Dominguez stated that Condition No. 18 addresses the issue of night time lighting. Mr. Hoskinson stated it is the Fire Department's typical process to not respond with sirens. Planning Commission Minutes November 7, 2007 Page 9 MOTION ACTION: VOTE: AYES: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6270, 6271 and 6272 making the determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommending approval of Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06- 17) based on the findings and subject to the conditions contained therein. 7-0 Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Boddy, Commissioner Whitton NOES: None ABSENT: None ABSTAIN: None COMMISSION COMMENTS Commissioner Douglas reminded everyone about the upcoming Proposition D Community Conversation workshops on November 15th at the Crossings Clubhouse. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of November 7, 2007, was adjourned at 9:48 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk This space is for the County Clerk's Filing Stamp 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 North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: December 08th, 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 10th, day of Dece 2007 Abel Silva NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that theCity Council of the City of Carlsbad will hold apublic hearina at the Council Chambers, 1200 Carls-Bad Village Drive, Carlsbad, California, at 6:00 p.m.on Tuesday December 18, 2007, to consider a re-quest for a determination that the project is within thescope of the Bressi Ranch Master Plan Environmen-tal Impact Report previously certified on July. 9 2002and approval of a Tentative Tract Map (CT 06-19),Non-Residential Planned Development Permit (PUD06-16), and Conditional Use Permit (CUP 06-T7) todevelop a professional care facility with 86 individualownership condominium units, an 11 -room assistedcare unit, basement parking garage, and commondining and recreation rooms on a previously graded2.5-acre property generally located in Planning Area15 of the Bressi Ranch Master Plan north of ParadiseRoad, south of Town Garden Road, east of CottageDrive, and west of Nygaard Street in Local FacilitiesManagement Zone T7 and more particularly de-scribed as: Lot 2 of Carlsbad Tract CT 03-03, in the City ofCarlsbad, County of San Diego, State of Califor-nia, according to map thereofno. 14800 on file inthe Office of Ihe County Recorder of San DiegoCounty, May 21, 2004 Continuing Care Facility Bressi Ranch 0 CT06-19/PUD06-16/CUP 06-17 Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after De-cember 14, 2007. If you have any questions, pleasecall Christer Westman in the Planning Department at(760)602-4614. If you challenge the Tentative Tract Map, Non-Residential Planned Development Permit or Condi-tiqnat Use Permit in court, you may be limited toraising only those issues you or someone else raisedat the public hearing described in this notice or in writ- ten correspondence delivered to the City of Carlsbad,Attn: City Clerk's Office. 1200 CarlsbadVillage Drive,Carlsbad, CA 92008, at or prior to the publicnearing. 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BRESSI PJtNQi COMMUNITY ASSN 9665 CHESAPEATK&DR 300 SAN DIEGO, CA 213-: MODEL HOME^--£ARTNERS L L C 318 NARCISSUS CORONA DEL MA, CA 9>£25-3005 213^*44^59 MODEL HOMEIS-^RTNERS L L C 318 NARCISSUS CORONA DEL MA, CA^9~2&£5-3005 MODEL HOMBS^PARTNERS L L C 318 ^^^ CORONA DEL MA, CA9?52§-3005 213^=^-06 MODEL HOMES-PARTNERS L L C 318 NARCISSUS CORONA DEL MA, CA ^9>&25-3005 213-191-01 BRESSI GARDENLANE LLC 24800 CHRISANTA DR 200 MISSION VIEJO, CA 92691-4819 *** 235 Printed *** Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet ] for Easy Peel Feature^1AVERY®5160® ! CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 601 CHIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER 2/04/2007 Etiquettes faciles a peler lltilicP7 IP nahai-it AUFRY®Sens de charaement Consultez la feuille destruction www.avery.com 1-Rnn-GO-AVFRY Continuing Care FacilityContinuing Care FacilityBressi RanchBressi RanchCT 06CT 06--19/PUD 0619/PUD 06--16/CUP 0616/CUP 06--1717 Location MapLocation MapPARADISE RDNY G AARD ST C O T TA G E D RTOWN GARDEN RDVILLAGE GREEN DR GATEWAY RDBRESSI RANCH WYTOPIARY STEL FUERTE STTOWN GARDEN RDPARADISE RDPEPPERTREE WYNY G AA R D S T ALLEY 00 D I V IT A D R ALLEY X VILLAGE GREEN DRPALOMAR AIRPORT RDINNOVATION WYDOGWOOD RDALLEY Y COLT PLM O N T E C I T O D R ALLEY BB LISMORE PLBRESSI RANCH WY ALLEY ALLEY T ARUNDEL AVINGLETON AVFINNILA PLARBOR ROSE DRWHITNEY PL0400800200FeetCT 06-19/PUD 06-16/CUP 06-17Continuing Care Facility Bressi Ranch Continuing Care FacilityContinuing Care FacilityBressi RanchBressi Ranch Continuing Care FacilityContinuing Care FacilityBressi RanchBressi Ranch„„2.5 Acres2.5 Acres„„6 Buildings6 Buildings„„5 freestanding residential buildings5 freestanding residential buildings„„36 two36 two--bedroom unitsbedroom units„„24 one24 one--bedroom unitsbedroom units„„2 Residential wings attached to common 2 Residential wings attached to common buildingbuilding„„14 two14 two--bedroom unitsbedroom units„„12 one12 one--bedroom unitsbedroom units„„Underground GarageUnderground Garage„„106 parking stalls106 parking stalls„„14 tandem14 tandem Continuing Care FacilityContinuing Care FacilityBressi RanchBressi Ranch„„Administration/Activity BuildingAdministration/Activity Building„„7,295 Square feet7,295 Square feet„„Offices; card room; library, billiards, exercise roomOffices; card room; library, billiards, exercise room„„7 at7 at--grade parking stallsgrade parking stalls„„Common BuildingCommon Building„„9,429 sq.ft. (excluding residential wings)9,429 sq.ft. (excluding residential wings)„„Dining; Kitchen; 11 rooms assisted careDining; Kitchen; 11 rooms assisted care„„Additional AmenitiesAdditional Amenities„„PoolPool„„SpaSpa Continuing Care FacilityContinuing Care FacilityBressi RanchBressi Ranch„„Site PlanSite Plan„„ElevationsElevations