HomeMy WebLinkAbout2018-11-27; City Council; ; Oakmont of Carlsbad Public Hearing GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008CA Review r]~
~ CITY COUNC I L
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
Mayor and City Council
Scott Chadwick, City Manager
Paul Dan, Associate Planner
paul.dan@carlsbadca.gov or 760-602-4614
Approve a General Plan Amendment, Zone Change, Specific Plan
Amendment, Conditional Use Permit, and an addendum to Environmental
Impact Report (EIR 98-08) to change the land use designation from
Planned Industrial to Office and allow the construction and operation of a
professional care facility consisting of three buildings: a 128,745-square-
foot three story main building above a 32,078-square-foot subterranean
parking garage, a 42, 749-square-foot memory care building above a
15,921-square-foot subterranean parking garage, and a 4,208-square-foot
administration building, on a 6.38-acre lot, generally located on the
northwest corner of Faraday Avenue and El Fuerte Street, within Local
Facilities Management Zone 16.
Oakmont of Carlsbad
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
(DEV2017-0042)
Recommended Action
That the City Council hold a public hearing and (1) introduce ordinances adopting Zone Change
ZC 2017-0001 and Specific Plan Amendment AMEND 2017-0011; and (2) adopt resolutions
approving an Addendum to Environmental Impact Report 98-08, General Plan Amendment GPA
2017-0003, and Conditional Use Permit CUP 2017-0008 for construction and operation of a
professional care facility.
Executive Summary
The project applicant, Oakmont Senior Living, is requesting approval for the development and
operation of a professional care facility for the elderly on Lot 1 of the Carlsbad Oaks North
Specific Plan (CONSP). Professional care facilities provide a pertinent service for a demand that
is growing, and are defined as a facility in which food, shelter, and some form of professional
service is provided such as nursing, medical, dietary, exercising or other medically-
recommended programs per Carlsbad l\(lunicipal Code (CMC) Section 21.04.295. To
accommodate such a project within the CONSP, a General Plan Amendment to amend the land
use designation from Planned Industrial (Pl) to Office (O), a Zone Change from Planned
Industrial (P-M) to Office (Q_) zone, and a Specific Plan Amendment to amend the text of the
Carlsbad Oaks North Specific Plan (SP 211(8)) are required. In addition, a Conditional Use
Permit is required to allow the construction and operation of the proposed facility within the
Office (O) zone. Lastly, since the certification of Environmental Impact Report (EIR 98-08), an
November 27, 2018 Item #11 Page 1 of 317
Addendum has been prepared to provide clarification and explanation supported by substantial
evidence as to why the proposed change will not result in any new impacts or any increase in
severity of impacts originally addressed in EIR 98-08. Such requests for professional care
facilities are not uncommon within the city as the demand for senior care is a growing trend.
Discussion
Proposed development of the professional care facility is comprised of three detached
buildings: a main building, memory care building, and a marketing building. The main building, a
128,745-square-foot three-story 115-bed unit, with a maximum height of 44'-6", will be
constructed above a 32,078-square-foot subterranean parking garage containing 67 parking
spaces. The memory care building, a 42, 749-square-foot two-story 54-bed unit, with a
maximum height of 37 feet, will be constructed above a 15,921-square-foot subterranean
parking garage containing 32 parking spaces for employees only. The marketing building, a
4,208-square-foot administration unit, will have a maximum height of 20 feet and no
subterranean parking garage. A future phase for the marketing building proposes to convert the
space into additional professional care rooms, with garage space. Architecturally, the three
buildings reflect a Mediterranean/Tuscan design by implementing tile roofs, natural earth tone
stucco colors and similar color stone treatments, complemented by mature trees and
Mediterranean landscaping.
Surrounding land uses includes open spaces to the north, east and west, and an undeveloped
lot zoned planned industrial to the south. A grading plan will be required for the 20,622 cubic
yards (cy) of cut, 15,197 cy of fill, and 5,425 cy of export to accommodate the subterranean
parking and building pads. This amount of grading upon an industrial site is common where
underground parking is proposed. The site will provide two access points for vehicles. The main
access will be on the north end of the intersection of Faraday Avenue and El Fuerte Street, and
the second access off Faraday Avenue will be used only for emergency purposes and will
remain gated. Faraday Avenue will be improved by, but not limited to: street striping to
accommodate turn lanes, extension of Faraday Avenue turn lane, and modification ofthe
intersection traffic signal.
At the October 3, 2018, Planning Commission hearing no members of the public spoke about
the project. Hannah Daughtery, Project Manager for Oakmont Senior Living, gave a
presentation describing the demand for senior living in the region, and Oakmont's operations
and amenities.
The Planning Commissioners commended the project's architecture, design, and amenities the
facility would offer. Commissioner Geidner had a concern about certain language in the Specific
Plan, specifically whether the 1000-foot-buffer-requirement of storing hazardous material from
residential uses was in other specific plans. Staff responded that after researching other Specific
Plans, the 1000-foot buffer was unique to the CONSP. In addition, staff mentioned that the Fire
Marshal closely reviewed the project with this specific requirement and concluded that the
project does not pose any impacts to public health and safety, nor deter future uses
surrounding the proposed facility.
November 27, 2018 Item #11 Page 2 of 317
Fiscal Analysis
All required improvements to serve this project will be funded and/or constructed by the
developer.
Next Steps
City Council's action on this item is final.
Environmental Evaluation (CEQA)
Final Environmental Impact Report (EIR 98-08, SCH #2000051057) was certified with approval
of the Carlsbad Oaks North Specific Plan on October 8, 2002. The City Planner has determined
that this project would not result in any previously-undisclosed significant environmental
impacts or a substantial increase in the severity of previously disclosed impacts or additional
significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan.
The City Planner has also determined that the project does not create the conditions requiring
the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines Sections
15162 and 15163. Therefore, an Addendum (GPA 2017-0003/ZC 2017-0001/AMEND 2017-
0011/CUP 2017-0008) has been prepared and is attached to the resolution in Exhibit 3.
Public Notification
Information regarding public notification of this item such as mailings, public hearing notices
posted in the newspaper and on the city website are available in the Office of the City Clerk.
Exhibits
1. Ordinance Approving Zone Change (ZC 2017-0001)
2. Ordinance Approving Specific Plan Amendment (AMEND 2017-0011)
3. Resolution Approving General Plan Amendment (GPA 2017-0003) and Addendum to the to
Environmental Impact Report (EIR 98-08)
4. Resolution Approving Conditional Use Permit (CUP 2017-0008)
5. Planning Commission Resolutions No. 7310, 7311, and 7312
6. Planning Commission Staff Report dated October 3, 2018
7. Planning Commission Minutes
November 27, 2018 Item #11 Page 3 of 317
ORDINANCE NO. CS-344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONE CHANGE TO AMEND THE ZONING MAP
FROM PLANNED INDUSTRIAL TO OFFICE ON LOT 1 (APN 209-120-01-00} OF
THE CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN SP 211, AN
APPROXIMATELY 6.38-ACRE LOT LOCATED ON THE NORTHWEST CORNER
OF FARADAY AVENUE AND EL FUERTE STREET, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: OAKMONTOFCAR~BAD
CASE NO.: ZC 2017-0001 (DEV2017-0042)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit
"ZC 2017-0001-OAKMONT OF CARLSBAD," dated October 3, 2018, attached hereto and made a part
here of; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to
consider said Zone Change; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating
to the "ZC 2017-0001-OAKMONT OF CARLSBAD;" and
WHEREAS, after procedures in accordance with requirements of law, the City Council has
determined that the public interest indicates that said Zone Change (ZC 2017-0001) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map,
is amended as shown on the map marked "ZC 2017-0001 -OAKMONT OF CARLSBAD," dated October
3, 2018, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7310 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published
November 27, 2018 Item #11 Page 4 of 317
at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
___ day of ___ _, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ________ ~ 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
November 27, 2018 Item #11 Page 5 of 317
ORDINANCE NO. CS-345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE FOURTH AMENDMENT TO THE CARLSBAD
OAKS NORTH SPECIFIC PLAN (SP 211) TO APPLY CARLSBAD MUNICIPAL
CODE CHAPTER 21.27, OFFICE ZONE STANDARDS TO LOT 1 OF THE
CARLSBAD OAKS NORTH BUSINESS PARK ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK AND
IN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME:
CASE NO.:
OAKMONT OF CARLSBAD
AMEND 2017-0011
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Carlsbad Oaks North Specific Plan was originally adopted by City Council
Ordinance No. NS-646 on October 15, 2002, and has been amended and contains the uses,
development standards and design guidelines for the development of the Specific Plan area; and
WHEREAS, the Carlsbad Oaks North Specific Plan is the implementing ordinance for this
property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan
Amendment (AMEND 2017-0011) for the Carlsbad Oaks North Specific Plan; and
WHEREAS, the amendment is desirable to allow for the beneficial range of development
permitted under the Specific Plan, which would include an Office zoned use on Lot 1 in the Carlsbad
Oaks North Business Park, and
WHEREAS, after procedures in accordance with requirements of law, the City Council has
determined that the public interest indicates that said Specific Plan Amendment (AMEND 2017-0011)
be approved.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Carlsbad, California, ordains
as follows that:
1. The above recitations are true and correct.
2. The Carlsbad Oaks North Specific Plan (AMEND 2017-0011), on file in the Planning
Division, and incorporated herein by reference, is adopted. The amended Carlsbad Oaks
North Specific Plan SP 211 will continue to be the controlling document for the
development of Lot 1.
November 27, 2018 Item #11 Page 7 of 317
3. Specific Plan Amendment (AMEND 2017-0011) amends several pages of the Carlsbad
Oaks North Specific Plan, as shown on the attached Exhibit "AMEND 2017-0011".
Removal of text is presented in a strikethro1:1gh type format, while new additional text
is shown in underlined type format.
4. The findings and conditions of Planning Commission Resolution No. 7310 shall also
constitute the findings and conditions of the City Council.
EFFECTIVE DATE: Th is ordinance shall be effective thirty days after its adoption, and the City
Clerk shall certify to the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of ____ _, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ________ _, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
November 27, 2018 Item #11 Page 8 of 317
RESOLUTION NO. 2018-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN ADDENDUM TO ENVIRONMENTAL IMPACT
REPORT 98-08 AND APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION ON LOT 1 OF THE CARLSBAD OAKS
NORTH SPECIFIC PLAN FROM PLANNED INDUSTRIAL TO OFFICE, ON A 6.38-
ACRE LOT, GENERALLY LOCATED ON THE NORTHWEST CORNER OF
FARADAY AVENUE AND EL FUERTE STREET, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: GPA 2017-0003(DEV2017-0042)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on October 3, 2018, hold a duly
noticed public hearing as prescribed by law to consider General Plan Amendment GPA 2017-0003 and
Addendum to EIR 98-08, as referenced in Planning Commission Resolution No. 7310 and 7312; and the
Planning Commission adopted Planning Commission Resolution No. 7310 and 7312 recommending to
the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said General Plan Amendment and Addendum; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all person desiring to be heard, the City Council considered all factors relating to the General
Plan Amendment and Addendum.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for approval of General Plan
Amendment no. GPA 2017-0003 and Addendum to EIR 98-08, is approved, and that the
findings and conditions of Planning Commission contained in Planning Commission
Resolution No. 7310 and 7312 on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
3. This 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 for Judicial Review" shall
apply:
November 27, 2018 Item #11 Page 110 of 317
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of November, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
November 27, 2018 Item #11 Page 111 of 317
RESOLUTION NO. 2018-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION AND OPERATION OF A PROFESSIONAL CARE FACILITY
CONSISTING OF THREE BUILDINGS: A 128,745-SQUARE-FOOT THREE STORY
MAIN BUILDING ABOVE A 32,078-SQUARE-FOOT SUBTERRANEAN PARKING
GARAGE, A 42,749-SQUARE-FOOT MEMORY CARE BUILDING ABOVE A
15,921-SQUARE-FOOT SUBTERRANEAN PARKING GARAGE, AND A 4,208-
SQUARE-FOOT ADMINISTRATION BUILDING, ON A 6.38-ACRE LOT,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF FARADAY AVENUE
AND EL FUERTE STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: CUP 2017-0008(DEV2017-0042)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on October 3, 2018, hold a duly
noticed public hearing as prescribed by law to consider Conditional Use Permit CUP 2017-0008, as
referenced in Planning Commission Resolution No. 7311; and the Planning Commission adopted
Planning Commission Resolution No. 7311 recommending to the City Council that it be approved; and;
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Conditional Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all person desiring to be heard, the City Council considered all factors relating to the Conditional
Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning commission for approval of Conditional Use
Permit CUP 2017-0008, is approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7311 on file with the City
Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
November 27, 2018 Item #11 Page 113 of 317
3. This 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 for Judicial Review" shall
apply:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of November, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
MATT HALL, Mayor
(SEAL)
November 27, 2018 Item #11 Page 114 of 317
PLANNING COMMISSION RESOLUTION NO. 7310
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, A
ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND AN
AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO APPLY
OFFICE ZONE STANDARDS TO LOT 1 ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE
STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN LOCAL
FACILITIES MANAGEMENT ZONE 16.
CASE NAME:
CASE NO:
OAKMONT OF CARLSBAD
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
(DEV2017-0042)
EXHIBIT 5
WHEREAS, Hannah Daugherty, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, 11Owner," described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Specific Plan Amendment; on file in the Carlsbad Planning Division, GPA 2017-0003/ZC
2017-0001/AMEND 2017-0011 -OAKMONT OF CARLSBAD, as provided in Government Code Sections
65350 and 65453 et. seq. and Carlsbad Municipal Code Chapter 21.52; and
WHEREAS, the proposed General Plan Amendment is set forth and attached in Exhibit GPA 2017-
0003 (changes to the General Plan Land Use Map), dated October 3, 2018; and
WHEREAS, the proposed Zone Change is set forth and attached in the draft City Council Ordinance,
Exhibit ZC 2017-0001 dated October 3, 2018; and
WHEREAS, the proposed Specific Plan Amendment is set forth and attached in the draft City
Council Ordinance, Exhibit "AMEND 2017-0011," dated October 3, 2018; and
WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public hearing
as prescribed by law to consider said request; and
November 27, 2018 Item #11 Page 115 of 317
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment, Zone Change, and Specific Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A} That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011 -
OAKMONT OF CARLSBAD, based on the following findings:
Findings:
General Plan Amendment
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the City's General Plan, based on the facts set forth in the staff report dated October 3,
2018, including, but not limited to the following:
a. Land Use and Community Design -The proposed project consists of a request for a
General Plan Amendment to change the General Land Use designation from Planned
Industrial (Pl) to Office (O) and a Zone Change from Planned Industrial (P-M) to Office
(O) to allow the construction and operation of a professional care facility that will
provide shelter for Carlsbad residents in need of social interaction activities, medical
care, dietary, exercising or other medically-recommended programs. Based on
demographic projections this is a demand that will continue to grow. Providing such
services within Carlsbad at various locations will meet the needs of Carlsbad residents.
The general plan amendment will allow land uses that will be compatible with uses
permitted on surrounding property by using high quality building materials, providing
greater setbacks from adjacent open space habitat, and featuring strong architectural
relief and interest that avoids a monotonous design. The amendment is necessary to
respond to changing needs of the city and its inhabitants. In addition, an amendment
to Office from Planned Industrial is not a significant deviation that would usurp the
intent of the area.
b. Mobility -The request for a General Plan Amendment to change the General Land Use
designation from Planned Industrial (Pl) to Office (O) will not create any adverse effects
on mobility than what is already anticipated. The proposed project will generate an
average daily trips (ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for
the site. In addition, the project meets the parking requirements for the proposed use.
A sidewalk and a class 2 bicycle facility exist on Faraday Avenue. Furthermore,
organized shuttle buses offered by the facility shall assist residents with various needs
at organized times, thus reducing traffic and demand for vehicle usage.
PC RESO NO. 7310 -2-November 27, 2018 Item #11 Page 116 of 317
c. Noise -The request for a General Plan Amendment to change the General Land Use
designation from Planned Industrial (Pl} to Office (O) does not impact nor change the
noise contours per the General Plan Noise Element. Lot 1 will remain outside the 60-70
CNEL noise contours per the General Plan Noise Element. The noise analysis for the
project concludes that with standard building construction the noise levels of the
interior of the building and outdoor activity areas will be below City standards. In
addition, the MMRP of EIR 98-08 requires the project to comply with the standard that
is currently in effect.
d. Public Safety -The request for a General Plan Amendment to change the General Land
Use designation from Planned Industrial (Pl} to Office (0), will not impact public safety
given the type of use and location. The proposed buildings are designed to be in
conformance with drainage, flood control and seismic design standards. The project
will meet all required Building and Fire codes. In addition, adequate fire access is
provided at all points around the building.
e. Sustainability -The request for a General Plan Amendment to change the General Plan
Land Use designation from Planned Industrial (Pl} to Office (0) required an analysis of
the potential change in greenhouse gas emissions. As a result a Greenhouse Gas
Analysis was prepared for the professional care facility. The conclusions of the analysis
is that the proposed facility would produce approximately 863 MTCO2e annually. The
projected emissions are less than the 900 MTCO2e screening criterion. By emitting less
than 900 MTCO2e the project will not contribute considerably to cumulative climate
change impacts, and therefore does not need to demonstrate consistency with the CAP.
Zone Change
2. That the proposed Zone Change from Planned Industrial (P-M} to Office (O) is consistent with the
goals and policies of the various elements of the General Plan in that the Office zoning designation
implements the Office General Plan Land Use designation and is compatible with adjacent open
space and planned industrial land uses by using high quality building materials, providing greater
setbacks from adjacent open space habitat, and featuring strong architectural relief and interest
that avoids a monotonous design.
3. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by
California state law and the City of Carlsbad General Plan Land Use Element, in that the proposed
Zone Change from Planned Industrial (P-M} to Office (O) will create consistency between the
General Plan and zoning designations for the property.
4. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and
is consistent with sound planning principles in that the proposed professional care facility permitted
in the Office zone will provide shelter for Carlsbad residents in need of social interaction activities,
medical care, dietary, exercising or other medically-recommended programs. Based on
demographic projections the demand for professional care facilities will continue to increase. The
project is not detrimental to the public interest, health, safety, convenience or general welfare.
PC RESO NO. 7310 -3-November 27, 2018 Item #11 Page 117 of 317
Specific Plan Amendment
5. The proposed amendment as described by the fourth amendment to Specific Plan 211, is consistent
with the provisions of the General Plan in that complies with the goals, objectives, and policies of
the various elements of the General Plan and can therefore be found to be consistent with the
General Plan. In addition, the amendment promotes growth of various land uses, and provides
enhanced opportunities for a new professional care facility in a desirable location.
6. The proposed plan amendment to apply Carlsbad Municipal Code Chapter 21.27, Office Zone
Standards to Lot 1 and to develop and operate a new professional care facility on Lot 1 will not be
detrimental to the public interest, health, safety, convenience, or welfare of the City in that uses
permitted in the Office zone are compatible with the adjacent open space and nearby light
industrial uses. The use will not create negative noise, traffic, or visual impacts. Lastly, safe ingress
and egress to the site is provided by access off of a private driveway from Faraday Avenue at a
signalized intersection.
7. That the amended Carlsbad Oaks North Specific Plan will continue to be the controlling document
for the development of the Carlsbad Oaks North Business Park, including Lot 1, that which be
regulated by the Carlsbad Municipal Code Chapter 21.27, and will continue to further the objectives
and policies of the General Plan and not obstruct their attainment.
8. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic
thereon in that proposed project will generate an average daily trips (ADT) of 466 which is lower
than the 900 ADT EIR 98-08 analyzed for the site. In addition, the project meets the parking
requirements for the proposed use. A sidewalk and a class 2 bicycle facility exist on Faraday
Avenue. Furthermore, organized shuttle buses offered by the facility shall assist residents with
various needs at organized times, thus reducing traffic and demand for vehicle usage.
9. All necessary public facilities can be provided concurrent with need, and adequate provisions have
been provided to implement those portions of the capital improvement program applicable to the
subject property.
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 to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
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
PC RESO NO. 7310 -4-November 27, 2018 Item #11 Page 118 of 317
by Developer or a successor in interest by the City's approval of this General Plan Amendment,
Zone Change, and Specific Plan Amendment.
2. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Specific Plan document(s) necessary to make them internally consistent and
in conformity with final action on the project. Development shall occur substantially as shown in
the approved Exhibits. Any proposed development, different from this approval, shall require an
amendment to this approval.
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
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 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 General Plan Amendment, Zone Change, and Specific
Plan Amendment, (b) City's approval or issuance of any permit or action, 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 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.
6. Within one (1) month of City Council approval, the applicant shall submit to the City Planner a
digital copy and a camera-ready master copy of the fourth amendment to SP 211 AMEND 2017-
0011, in addition to six bound copies of AMEND 2017-0011.
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 as ide, void, or annul their imposition.
PC RESO NO. 7310 -5-November 27, 2018 Item #11 Page 119 of 317
ORDINANCE NO.
EXHIBIT "ZC 2017-0001"
October 3, 2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONE CHANGE TO AMEND THE ZONING MAP
FROM PLANNED INDUSTRIAL TO OFFICE ON LOT 1 (APN 209-120-01-00) OF
THE CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN SP 211, AN
APPROXIMATELY 6.38-ACRE LOT LOCATED ON THE NORTHWEST CORNER
OF FARADAY AVENUE AND EL FUERTE STREET, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: ZC 2017-0001 (DEV2017-0042)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on the ____ day of ___ ~ hold a duly noticed
public hearing as prescribed by law to consider said request, and
WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit
"ZC 2017-0001-OAKMONT OF CARLSBAD," dated October 3, 2018, attached hereto and made a part
hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating
to the "ZC 2017-0001-OAKMONT OF CARLSBAD."
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map,
is amended as shown on the map marked "ZC 2017-0001 -OAKMONT OF CARLSBAD," dated October
3, 2018, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7310 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published
at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its
adoption.
November 27, 2018 Item #11 Page 122 of 317
EXHIBIT "ZC 2017-0001"
October 3, 2018
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
___ day of ___ _, 2018, and thereafter
PASSED, AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the
___ day of _______ ~ 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
{SEAL)
November 27, 2018 Item #11 Page 123 of 317
ORDINANCE NO.
Exhibit "AMEND 2017-0011"
October 3, 2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE FOURTH AMENDMENT TO THE CARLSBAD
OAKS NORTH SPECIFIC PLAN (SP 211) TO APPLY CARLSBAD MUNICIPAL
CODE CHAPTER 21.27, OFFICE ZONE STANDARDS TO LOT 1 OF THE
CARLSBAD OAKS NORTH BUSINESS PARK ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK AND
IN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: AMEND 2017-0011
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Carlsbad Oaks North Specific Plan was originally adopted by City Council
Ordinance No. NS-646 on October 15, 2002, and has been amended and contains the uses,
development standards and design guidelines for the development of the Specific Plan area; and
WHEREAS, the Carlsbad Oaks North Specific Plan is the implementing ordinance for this
property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan
Amendment (AMEND 2017-0011) for the Carlsbad Oaks North Specific Plan; and
WHEREAS, the amendment is desirable to allow for the beneficial range of development
permitted under the Specific Plan, which would include an Office zoned use on Lot 1 in the Carlsbad
Oaks North Business Park, and
WHEREAS, after procedures in accordance with requirements of law, the City Council has
determined that the public interest indicates that said Specific Plan Amendment (AMEND 2017-0011)
be approved.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Carlsbad, California, ordains
as follows that:
1. The above recitations are true and correct.
2. The Carlsbad Oaks North Specific Plan (AMEND 2017-0011), on the file in the Planning
Division, and incorporated herein by reference, is adopted. The amended Carlsbad Oaks
North Specific Plan SP 211 will continue to be the controlling document for the
development of Lot 1.
November 27, 2018 Item #11 Page 125 of 317
Exhibit "AMEND 2017-0011"
October 3, io18
3. Specific Plan Amendment (AMEND 2017-0011) amends several pages of the Carlsbad
Oaks North Specific Plan, as shown on the attached Exhibit "AMEND 2017-0011".
Removal of text is presented in a strikethrough type format, while new additional text
is shown in underlined type format.
4. The findings and conditions of Planning Commission Resolution No. 7310 shall also
constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City
Clerk shall certify to the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of ____ _, 2016, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ________ ~ 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MA TT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
November 27, 2018 Item #11 Page 126 of 317
PLANNING COMMISSION RESOLUTION NO. 7311
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND
OPERATION OF A PROFESSIONAL CARE FACILITY ON A LOT ZONED OFFICE
(O), GENERALLY LOCATED AT THE NORTHWEST CORNER OF FARADAY
AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH
BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 16.
NAME: OAKMONT OF CARLSBAD
CASE NO.: CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, "Developer," has filed a verified application with the City
of Carlsbad regarding property o:wned by Ted Tchang, "Owner," described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
nhe Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibit(s) "A" -"PP" dated October 3, 2018, on file in the Planning Division, CUP 2017-0008 -
OAKMONT OF CARLSBAD, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CUP 2017-0008 -OAKMONT OF CARLSBAD, based on the
following findings and subject to the following conditions:
November 27, 2018 Item #11 Page 127 of 317
Findings:
Conditional Use Permit (CUP 2017-0008)
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, if applicable, the
certified local coastal program, specific plan or master plan, in that the proposed professional
care facility will provide shelter for Carlsbad residents in need of social interaction activities,
medical care, dietary, exercising or other medically recommended programs. The use is
compatible with the adjacent open space and nearby light industrial uses by using high quality
building materials, providing greater setbacks from adjacent open space habitat, and featuring
strong architectural relief and interest that avoids a monotonous design. The project will result
in development of an existing graded lot. The facility is in harmony with the General Plan by
providing a desired professional care facility, and the proposed use has been designed to be
compatible with the surrounding uses.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
' zone in which the proposed use is to be located in that the proposed use is compatible with
adjacent open space and light industrial uses by using high quality building materials, providing
greater setbacks from adjacent open space habitat, and featuring strong architectural relief and
interest that avoids a monotonous design. The use will not create negative noise, traffic, or
visual impacts. Lastly, safe ingress and egress to the site is provided off of a private driveway
from Faraday Avenue at a signalized intersection.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or City Council, in order to integrate the use with other uses in the neighborhood, in
that the 6.38-acre site is adequate in size and shape to accommodate a professional care facility.
The site does not have any constraints that would impede development or require significant
site alterations. The professional care facility satisfies all applicable requirements, including
but not limited to building setbacks, landscaping in the setbacks, lot coverage, parking
requirements, and design regulations. Lastly, the architecture and design of the facility is
complementary with the adjacent lots (open space), and provides a transition between the
adjacent light industrial office uses along Faraday Avenue to the adjacent open space
surrounding the project site.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed project will generate an average daily trips
(ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for the site. In addition, the
project meets the parking requirements for the proposed use. A sidewalk and a class 2 bicycle
facility exist on Faraday Avenue. Furthermore, organized shuttle buses offered by the facility
shall assist residents with various needs at organized times, thus reducing traffic and demand
for vehicle usage.
PC RESO NO. 7311 -2-November 27, 2018 Item #11 Page 128 of 317
General
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport {ALUCP), dated December 1, 2011, in that:
a. Noise: Exposure to aircraft noise.
The airport noise contours are established for the purposes of evaJuating the noise
compatibility of land use actions in the AIA. Section 3.3.3.(a) of the ALUCP states "the threshold
for evaluation is the projected 60dB CNEL contour. This contour define the noise impact area of
the airport. As depicted in Exhibit 111-1 of the ALUCP, the proposed project site is located outside
the 60dB CNEL noise exposure range. Therefore, no noise restrictions apply to the proposed
development.
b. Safety: Land use that affects safety both for the people on the ground and in aircraft.
As described in Section 3.4 of the ALUCP, the purpose of the safety compatibility policies is to
minimize risks to people and property in the event of an aircraft accident by setting limits on
the proposed land uses. The safety zones depicted in Exhibit 111-2 of the ALUCP divide the airport
vicinity into 6 safety zones, each representing relative risks for an aircraft accident.
As shown in Exhibit 111-2, the proposed project site is located within Safety Zone 6 (Traffic
Pattern Zone). Per ALUCP Policy 3.4.6.{a)(5} and Table 111-2, congregate care facilities, nursing
homes, and assisted living facilities located in Safety Zone 6 are a compatible land use.
Therefore, no safety restrictions apply to the proposed project.
c. Airspace protection: Protection of airport airspace.
ALUCP Policy 3.5.4(a) indicates that with limited exceptions, no object shall have a height that
would result in the penetration of the airspace protection surfaces for McClellan-Palomar
Airport. As depicted in Exhibit 111-3, the proposed project site underlies the horizontal surface
which is a flat surface established 150 feet above the established airport elevation. Based on
the airport's elevation of 331 feet mean sea level (MSL}, the horizontal surface height is 481
feet MSL. The approximate elevation of Lot 1 is 256 feet MSL. The tallest elevation of the
project's structures, which is an architectural feature of the main building, is 45 feet tall,
bringing the project to an elevation of approximately 301 feet MSL, a difference of about 180
feet would exist between the highest point of the building and horizontal surface (481 feet MSL
horizontal surface -301 feet MSL building height= 180 feet clearance). Therefore, the proposed
project would not penetrate the airspace protection surface for the airport, and is in compliance
with the Airspace Protection criteria. Furthermore, to thoroughly analyze the project, a FAA
Form 7460-1 Notice of Proposed Construction or Alteration was submitted and the FAA
determined the project posed no hazard to airspace navigation.
d. Overflight -Annoyance and other general concerns related to aircraft overflight.
The project site is located within the Airport Influence Area (AIA} Exhibit 1111-5. According to
ALUCP Policy 3.6.3 recordation of an overflight notification is mandated only for new residential
land use development. Since this project is not considered a residential development, rather a
commercial facility, recordation of an overflight notification document is not required for this
project.
PC RESO NO. 7311 -3-November 27, 2018 Item #11 Page 129 of 317
6. The project is cons istent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 16 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 and treatment; water; drainage;
circulation; fire; schools; · parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need.
7. That the City Planner has determined the potential environmental effects of the project were
adequately analyzed by the September 2018 Addendum of Planning Commission Resolution No.
7312, and by substantial evidence that the proposed project, construction and operation of a
professional care facility (Oakmont of Carlsbad) on 6.38-acre. lot will not result in any new
impacts or any increase in severity of impacts beyond those that were previously addressed
under EIR 98-08.
8. That t he project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever comes first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to 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 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 or a successor in interest by the city's approval of this General Plan Amendment,
Zone Change, Specific Plan Amendment, Conditional Use Permit and Addendum.
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 Exhib its. Any proposed development different from this
approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7311 -4-November 27, 2018 Item #11 Page 130 of 317
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
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 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 co.nnection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval is not
validated.
6. 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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. CUP 2017-0008 shall be reviewed by the city planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on surrounding
properties or the public health, safety and general welfare. If the City planner determines that
(1) the conditional use permit was obtained by fraud or misrepresentation; or (2) the use for which
such approval is granted is not be ing exercised; or (3) the conditions of approval have not been
met; or (4) the conditional use permit is being or recently has been exercised contrary to any of
the terms or conditions of approval; or (5) the use for which such approval was granted has ceased
to exist or has been suspended for one year or more; or (6) the use is in violation of any statute,
ordinance, law, or regulation; or (7) the use permitted by the conditional use permit is being or
has been so exercised as to be detrimental to the public health, safety or welfare or so as to
constitute a nuisance, the City planner shall recommend that the Planning Commission hold a
public hearing and after providing the permittee the opportunity to be heard, the Planning
PC RESO NO. 7311 -5-November 27, 2018 Item #11 Page 131 of 317
Commission may revoke and terminate the conditional use permit in whole or in part, reaffirm
the conditional use permit, modify the conditions or impose new conditions.
11. Developer shall submit and obtain city planner approval of a Final Landscape, and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan, and the city's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the planning division and accompanied by the project's building,
improvement, and grading plans.
13. 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.
14. Developer shall report, in writing, to the city planner within 30 days, any address change from
that which is shown on the permit application.
15. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
15, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building p'ermit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
16. Prior to the issuance of a grading permit, the Developer shall submit to the city a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional Use
Permit and Addendum by Resolution Nos. 7310, 7311, 7312 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City planner has the authority to execute and record an
amendment to the notice which modifies or terminates said notice upon a showing of good cause
by the Developer or successor in interest.
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry
wall with gates pursuant to city Engineering Standards and Carlsbad Municipal Code Chapter
21.105. Location of said receptacles shall be approved by the City planner. Enclosure shall be of
similar colors and/or materials to the project to the satisfaction of the City planner.
18. 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 City Planner of
. an Outdoor Storage Plan, and thereafter comply with the approved plan.
PC RESO NO. 7311 -6-November 27, 2018 Item #11 Page 132 of 317
19. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property. Project lighting shall be in the amber wavelength and directed
away from native habitat or shielded to minimize light pollution.
20. Approval is granted subject to the approval of Planning Commission Resolution No. 7312
(Addendum) and is subject to all conditions contained in the Mitigation Monitoring and
Reporting Program of EIR 98-08, and Planning Commission Resolution No's: 7310, 7311, 7312.
21. Signage and fencing shall be installed along the northern project limits to inform people that
there is no public access into the adjacent hardline preserve, the sensitive nature of the
proposed adjacent hardline, and associated habitats that are being protected.
22. Developer shall implement, or cause the implementation of Project Mitigation Monitoring and
Reporting Program included in Planning Commission Resolution No. 5244, dated October 8,
2002.
23. Prior to the commencement of any ground disturbing activities, the project developer shall:
A. Retain the services of a qualified paleontologist who shall be on-site for the original
cutting of previously undisturbed native soil (part-time for r.narine terrace deposit
areas and full-time for Santiago Formation deposit areas). The paleontologist shall
recover any discovered fossils and is empowered to temporarily divert or halt grading
to allow recovery in a timely manner. Fossils shall be treated appropriately,
catalogued, and deposited with pertinent field notes, photos, and maps, etc., as a
donation with financial support for initial specimen storage in a scientific institution
with permanent paleontological collections.
B. Retain the services of a qualified archaeologist who shall be on-site for ground
disturbing activities. In the event cultural material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the
Luisefio Native American monitor and to determine the significance of the discovery.
The archaeologist shall follow all standard procedures for cultural materials that are not
Tribal Cultural Resources.
C. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luisefio tribe that meets all standard requirements of the tribe for such
Agreements. This agreement will address provision of a Luisefio Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseno Native American human remains inadvertently discovered
-during-the-courcse of-the project.-Theagreement-will outline-the-roles-and powers-of __
the Luiseno Native American monitors and the archaeologist.
PC RESO NO. 7311 -7-November 27, 2018 Item #11 Page 133 of 317
Engineering Conditions:
General
24. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
25. 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 determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
26. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
2]. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
28 . Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/ Agreements
29. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
30. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
31. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
32. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
33. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
PC RESO NO. 7311 -8-November 27, 2018 Item #11 Page 134 of 317
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
34. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP}. The TIER 3 SWPPP shall comply with current requirements and provisions established ·
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
35. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. · The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
36. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
37. Prior to approval of building permits, the developer shall submit and obtain approval from the
city engineer for a Transportation Demand Management (TDM) Plan as the project is subject to
transportation demand management strategies that reduce the reliance on single-occupant
automobiles. The plan shall include implementation approaches and timelines. '
Dedications/Improvements
38. Developer shall design the private drainage systems, as shown on the site plan to the satisfactidn
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
39. Developer shall prepare and process public improvement plans and, prior to city engineer
.approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
(
A. Street striping and signs to accommodate new turn lanes, extension of an existing turn
lane and modifications to the traffic signal at the intersection of Faraday Avenue and El
Fuerte Street. Signal improvements shall include but not be limited to constructing
signal appurtenances and may include traffic signal interconnect conduit and cable.
B. Abandonment and/or removal of any existing public water services or sewer laterals
along the property frontage that will not be used to service the property, subject to the
PC RESO NO. 7311 -9-November 27, 2018 Item #11 Page 135 of 317
direction of the city engineer.
C. Installation of new water services, backflow preventers and meters.
D. Any modification to driveway approaches within the public right-of-way.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement but in no case shall
said improvements be installed and operational later than issuance of certificate of occupancy.
40. The westerly driveway shall be gated and restricted to emergency vehicles only. Developer shall
cause owner to waive direct access rights by separate document prior to the issuance of a building
permit for the most westerly driveway fronting Faraday Avenue.
41. Prior to issuance of a grading permit, proof of vacation of an existing Buena Sanitation District
easement and dedication of a new easement as noted on the site plan shall be submitted to the
city engineer. If alternative methods to establish sewer access are pursued, Developer shall
submit written proof from Buena Sanitation District that they accept said alternative methods.
42. 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 due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
Utilities
43. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and supmit a colored recycled water use map to the Planning Division for
processing and approval by the district engineer.
44. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
45. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
46. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
47. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
PC RESO NO. 7311 -10-November 27, 2018 Item #11 Page 136 of 317
48. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050.
49. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
50. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code .
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
52. 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 City Planner prior to
installation of such signs.
53 . Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
54. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
PC RESO NO. 7311 -11-
November 27, 2018 Item #11 Page 137 of 317
PLANNING COMMISSION RESOLUTION NO. 7312
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 98-08 FOR A
GENERAL PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO
OFFICE, A ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND
AN AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO
APPLY OFFICE ZONE STANDARDS TO LOT 1 AND TO ALLOW
CONSTRUCTION OF A PROFESSIONAL CARE FACILITY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN
LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME:
CASE NO:
OAKMONT OF CARLSBAD
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, "Owner," described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to :
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
("the Property"); and
WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified
Environmental Impact Report (EIR) 98-08, adopted-the Candidate Findings of Fact, Statement of
Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Carlsbad Oaks North
Specific Plan that allows for industrial development of lots within the Carlsbad Oaks North Business
Park; and
WHEREAS, the proposed project is construction and operation of a professional care
facility on Lot 1, generally located at the northwest corner of Faraday Avenue and El Fuerte Street; and
WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"), an
Addendum to EIR 98-08-GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-
0042) ("Addendum"), attached as Exhibit "A" dated September 2018, was prepared to determine if the
November 27, 2018 Item #11 Page 139 of 317
preparation of a subsequent or supplemental EIR was required for the Carlsbad Oaks North Specific Plan
Amendment Project; and
WHEREAS, the Planning Commission did on October 3, 2018, hold a_ duly noticed public
hearing as prescribed by law ~o consider said request; and
WHEREAS, the Addendum was presented to the Planning Commission and the Planning
Commission reviewed and considered the information contained in EIR 98-08 and the Addendum prior to
approving the Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the Addendum, analyzing the information submitted by City staff, and considering
any written and oral comments received, the Planning Commission considered all factors relating to the
Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED· by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS APPROVAL of the Addendum to EIR 98-08, based on the following
findings that are supported by substantial evidence in the Record:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Addendum has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA),
the CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad hc1s reviewed, analyzed, and considered the
Addendum with EIR 98-08 prior to RECOMMENDING APPROVAL of the Project, and it reflects the
independent judgment of the City of Carlsbad Planning Commission.
3. The Planning Commission of the City of Carlsbad does hereby find that adopting an Addendum
to EIR 98-08 is appropriate and in conformance with CEQA in this case because no changes or
additions to EIR 98-08 are necessary, and none of the conditions described in Section 15162 of
the CEQA Guidelines calling for preparation of a subsequent EIR have occurred, in that:
-a. There are no significant new environmental effects and no substantial increase in the
severity of a previously identified significant effect. The analysis and mitigation contained
PC RESO NO. 7312 -2-November 27, 2018 Item #11 Page 140 of 317
in EIR 98-08 remain adequate to address all potential impacts of the Carlsbad Oaks North
Specific Plan. The City Planner has determined the potential environmental effects of the
project were adequately analyzed by the September 2018 Addendum (Exhibit A) of Planning
Commission Resolution No. 7312, and by substantial evidence that the prproposed
constructionnd operation of a professional care facility (Oakmont of Carlsbad) on a 6.38-
acre lot will not result in any new impacts or any increase in severity of previously disclosed
impacts beyond those addressed in EIR 98-08. Approval is granted subject to the approval
of Planning Commission Resolution No. 7312 (Addendum) and is subject to all conditions
contained in the Mitigation Monitoring and Reporting Program of EIR 98-08, and Planning
Commission Resolution No's: 7310 and 7312. This project does not amplify any other
potential impacts and does not present new impacts not already considered or addressed
as necessary by existing mitigation measures.
b. There has been no substantial change with respect to the circumstances under which the
Project is being undertaken which would require major revisions to EIR 98-08.
c. There is no new information of substantial importance that was not known and could have
been known with the exercise of reasonable diligence at the time EIR 98-08 was certified.
d. The Project will not have any significant effects not discussed in EIR 98-08.
e. There are no new or additional mitigation measures that need to be added and there are
no mitigation measures previously found not to be feasible that are now found to be
feasible that would substantially reduce one or more significant effects of the Project.
4. The Addendum is incorporated by reference herein, and the findings and substantial evidence
presented in the Addendum are adopted as findings to these proceedings.
PC RESO NO . 7312 -3-
November 27, 2018 Item #11 Page 141 of 317
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADDENDUM
TO FINAL ENVIRONMENTAL IMPACT REPORT (EIR 98-08)
CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN
CITY OF CARLSBAD, CALIFORNIA
FOR
AMEND 2017-0011-OAKMONT OF CARLSBAD (LOT 1)
State Clearinghouse No. 2000051057
EIR 98-08 Certified October 8, 2002
Prepared by:
City of Carlsbad Community & Economic Development Department
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Contact: Paul Dan, Associate Planner
760-602-4614
paul.dan@carlsbadca.gov
September 2018
EXHIBIT "A" dated
September 2018
November 27, 2018 Item #11 Page 143 of 317
1.0 Introduction
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
The Carlsbad Oaks North Business Pa rk Specific Plan SP 211((}, (CONSP) originally contained a
requirement that either Lot 1 or Lot 2 of the CONSP area be developed with commercial support uses to
serve the CONSP industrial business park. The Final Environmental Impact Report (EIR 98-08, SCH
2000051057) certified with approval of the CONSP also contained mitigation measures reiterating this
requirement. The approval of an industrial building entitlement on one of the lots would automatically
reserve the other lot for commercial support uses. On September 27, 2016, City Council approved Specific
Plan Amendment (SP 211(8)) and an Addendum to the certified EIR (EIR 98-08(A)) that amended the
CONSP to remove the requirement for the development of commercial support uses on either Lot 1 or
Lot 2.
The project applicant, Oakmont Senior Living, proposes construction and operation of a professional care
facility on Lot 1 of the CONSP. This request by the applicant requires changing the Carlsbad General Plan
Land Use Designation from Planned Industrial (Pl) to Office (GPA 2017-0003), changing the City of Carlsbad
Zoning Map for Lot 1 from Planned Industrial (P-M) to Office (ZC 2017-0001), amending the text of CON SP
to permit Lot 1 to be regulated by the development standards of the Carlsbad Municipal Code (CMC}
Chapter 21.27, Office zone (AMEND 2017-0011), and a Conditional Use Permit to allow construction and
operation of a professional care facility within the Office zone.
The purpose of this Addendum is to provide clarification and explanation supported by substantial
evidence as to why this proposed change will not result in any new impacts or any increase in severity of
impacts addressed in EIR 98-08.
2.0 CEQA Requi rements
California Code of Regulation Title 14 (hereinafter "California Environmental Quality Act (CEQA)
Guidelines") Section 15162-15164 include provisions for a lead agency to carry out a project when new
information comes to light or changes have occurred after the project EIR was certified.
Section 15162 of the CEQA Guidelines states that no subsequent EIR would be necessary for a project with
a previously certified EIR unless: 1) substantial changes have occurred to the project or the circumstances
under which the project will be undertaken that create new significant environmental effects or
substantially increase the severity of previously-identified environmental effects; a 2) substantial changes
occur with respect to the circumstances under which the project is undertaken will require major revisions
to the previous EIR; or 3) new, substantially important information that was not, or could not have been,
known at the time the original EIR was certified shows that the project may create new or more severe
effects or that different alternatives or mitigation measures could reduce significant effects but the
applicant declines to accept them.
Section 15163 of the CEQA Guidelines states that no supplemental EIR would be necessary for a project
if: 1) any of the conditions described in Section 15162 would require preparation of a subsequent EIR; or
2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the
project in the changed situation.
Section 15164 of the CEQA Guidelines indicates that an Addendum to a previously certified EIR may be
prepared for a project if some changes or additions to the EIR are necessary, but none of the conditions
in Section 15162 exist that would require a subsequent EIR. Section 15164 goes on to state that when an
September 2018, page 1, CEQA Addendum, EIR 98-08
November 27, 2018 Item #11 Page 144 of 317
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
Addendum is prepared, the administrative record must include a brief explanation about why the lead
agency decided not to prepare a subsequent EIR based on Section 15162. The following section details
the basis for the city's decision not to prepare a subsequent EIR for Oakmont of Carlsbad, and are included
in the findings of Planning Commission Resolution 7312.
3.0 PROJECT LOCATION AND REGIONAL SETTING
Project Setting
The CONSP area is located on 414 acres north of Palomar Airport Road and 1 ¼ mile east of El Camino
Real. Immediately north of the CONSP area is the Dawson-Los Monos Reserve open space. The Specific
Plan area is abutted to the west by vacant land owned by the County of San Diego and to the east by the
City of Vista. The Carlsbad Oaks East area of the Carlsbad Airport Business Center Specific Plan abuts the
property to the south. After the Adoption of the CONSP, all the anticipated road connections were
constructed as assumed in the CONSP for build-out. These include the extension of Faraday Avenue to
connect between El Camino Real and Melrose Drive; El Fuerte Street from Palomar Airport Road to
Faraday Avenue; and Melrose Drive to extend south and connect to Palomar Airport Road. A vicinity map
and the Specific Plan location are provided in Figures 1 and 2.
September 2018, page 2, CEQA Addendum, EIR 98-08
November 27, 2018 Item #11 Page 145 of 317
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
4.0 CARLSBAD OAKS NORTH SPECIFIC PLAN
Project Background
Within the boundary of the CONSP, approximately 220 acres is dedicated open space leaving
approximately 194 acres for the street network and development lots. Although the CONSP document is
being amended, the proposed amendment only affects Lot 1 (shown in Figure 2). Lot 1 is located at the
westerly edge of the CONSP area, north of Faraday Avenue and west of El Fuerte Street. The lot was mass
graded as part of the Phase I development of the CONSP area. The lot has never been developed, nor have
any entitlements been submitted prior to this project.
The CONSP originally required either Lot 1 or Lot 2 to be reserved for commercial support use (also known
as auxiliary uses). Three other lots are also allowed to be developed with auxiliary uses (Lot 5, 6 and 8).
The CONSP was amended (SP 211(B)) on September 27, 2016, to remove the requirement that either Lot
1 or Lot 2 be developed with commercial support uses.
The result of the amendment was that developers would have the flexibility to develop either light
industrial or commercial support uses on these lots, in the same manner as the other auxiliary lots. The
rest of the lots are intended for light industrial research and development, office and similar uses. The
allowed auxiliary uses do not include professional care facilities.
5.0 CARLSBAD OAKS NORTH SPECIFIC PLAN EIR 98-08
EIR 98-08 identified environmental impacts and crafted specific mitigation measures designed to reduce
significant impacts. However, the project-specific and cumulative impacts to transportation/traffic, air
quality, and biological resources couldn't be fully mitigated. In response, the city adopted a "Statement
of Overriding Considerations" pursuant to Section 15093 and 15126(b) of the CEQA Guidelines.
Significant project-level impacts were identified for land use and planning, noise, geology/soils, hazards
and hazardous materials, hydrology/water quality, cultural resources, paleontological resources,
aesthetics, and public services and utilities. These impacts were reduced to a level less than significant
with the implementation of the required mitigation measures.
The proposed project, a professional care facility, does not produce additional or more severe
environmental impacts than what EIR 98-08 already analyzed. Section 8.0 discusses in detail the project's
less than significant environmental impacts.
6.0 DESCRIPTION OF PROPOSED CHANGES TO THE CONSP
The project includes a request for approval of a change to the General Plan Land Use Designation from
Planned Industrial (Pl) to Office (0), a Zone Change from Planned Industrial (P-M) to Office (O), and an
amendment to the Carlsbad Oaks North Park Specific Plan SP 211(() text to apply Office (O) zone
standards to Lot 1. The Office (O) zone would allow the proposed construction and operation of a
professional care facility consisting of three buildings: a 128,745-square-foot three story main building
above a 32,078-square-foot subterranean parking garage; a 42,749-square-foot memory care building
September 2018, page 5, CEQA Addendum, EIR 98-08
November 27, 2018 Item #11 Page 148 of 317
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
above a 15,921-square-foot subterranean parking garage; and a 4,208-square-foot administration
building on Lot 1. The site is a 6.38-acre lot, generally located on the northwest corner of Faraday Avenue
and El Fuerte Street, within Local Facilities Management Zone 16.
The proposed Specific Plan Amendment (AMEND 2017-0011) is the fourth amendment to the Carlsbad
Oaks North Specific Plan. The CONSP text is to be updated in Chapter Ill, Development Standards and
Design Guidelines to apply the development standards of CMC Chapter 21.27, Office zone, to Lot 1. This
amendment does not greatly deviate from the CONSP, since the development standards and guidelines
of the CONSP and the Office zone are quite similar. Therefore, the project does not cause a significant
deviation from the goals and policies of the Specific Plan.
7 .0 EXISTING CONDITIONS AND SURROUNDING USES
Lot 1 is an isolated lot surrounded by open space. Although the site is intended to offer a commercial
and/or light industrial development, given its isolation from surrounding lots, the proposed project would
not cause a substantial deviation from its intended use. The majority of the light industrial development
that has occurred within the CONSP business park has been on the 21 lots that are congregated together.
This phenomenon, referred to as industrial clustering, is a causation of new industrial development being
built directly near existing industrial development. Typically, new industrial development outside a
clustering is rare and often neglected until no other undeveloped lots are available. To date, there has
been little to no interest in industrial development of Lot 1. Furthermore, a light industrial use on Lot 1 is
not an ideal location given its isolation from the other lots in the business park.
8.0 COMPLIANCE WITH EIR 98-08 MITIGATION MONITORING AND REPORTING PROGRAM
The proposed project presents a change in the land use, for Lot 1. However, in environmental terms the
project poses similar impacts as a light industrial and/or commercial use would, which were already
analyzed under EIR 98-08. Discussed below are areas of environmental review that show substantial
evidence that impacts of the proposed project are no greater than those already analyzed by EIR 98-08:
Traffic:
A traffic study was conducted to analyze the project's trip generation and whether it exceeded the city's
threshold of 500 average daily trips (ADT). The study shows that the proposed project will generate 388
ADT, well under the 500 ADT threshold. In addition, the project site will be accessed off of Faraday Avenue,
which can accommodate the 388 ADT expected to be generated by the proposed professional care facility,
and is not anticipated to impact the existing levels of service on Faraday Avenue. Given Lot 1 could be
developed with an industrial or a commercial support use or a combination of both, traffic impacts
associated with vehicle trips for Lot1 would be reduced by an office use project being developed
rather than an industrial/commercial use that generates higher average daily trips.
Hazards:
The project site is located within the Airport Influence Area (AIA) Review Area 1 of the McClellan-Palomar
Airport Land Use Compatibility Plan (ALUCP), requiring the project to be consistent with four criteria
contained in ALUCP Section 2.4.1. Each criterion involves specific standards to avoid potentially harmful
development within the AIA. Each four criterion were addressed for the construction and operation of a
professional care facility in the Office (O) zone as discussed below.
September 2018, page 6, CEQA Addendum, EIR 98-08
November 27, 2018 Item #11 Page 149 of 317
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
1. Noise: Exposure to aircraft noise.
Depicted in Exhibit 111-1 of the ALUCP, the proposed project site is located outside the 60dB CNEL noise
exposure range. Therefore, no noise restrictions apply to the proposed development.
2. Safety: Land use that affects safety both for people on the ground and in aircraft.
Shown in Exhibit 111-2, the proposed project site is located within Safety Zone 6 (Traffic Pattern Zone).
Per ALUCP Policy 3.4.6.(a)(5) and Table 111-2, congregate care facilities, nursing homes, and assisted
living facilities located in Safety Zone 6 are determined to be compatible land uses. Therefore, no
safety restrictions apply to the proposed project.
3. Airspace protection: Protection of airport airspace.
Exhibit 111-3 of the ALUCP reflects the airspace surfaces for McClellan-Palomar Airport as established
by the Federal Aviation Administration's (FAA) Federal Aviation Regulations (FAR) Part 77, Safe
Efficient Use and Preservation of the Navigable Airspace. FAR Part 77 establishes standards and
notification requirements for objects affecting navigable airspace. The ALUCP airspace policies are
intended to help implement regulations between the FAA and the State of California (ALUCP Policy
3.5.2). Therefore, the project will not impact airport airspace.
4. Overflight -Annoyance and other general concerns related to aircraft overflights.
According to ALUCP Policy 3.6.3, recordation of an overflight notification is mandated only for new
residential land use development. Since this project is not considered a residential development,
rather a commercial facility, an overflight notification is not required for the project.
Greenhouse Gas:
CalEEMod modeling results have been provided for the project which estimate that the project's annual
emissions, with construction emissions amortized over the lifetime of the project, would be 863 MTCO2e
per year. The CalEEMod modeling results include a series of non-default assumptions that have been
adjusted for the project as well as project features that would reduce the project's annual GHG emissions.
The project was reviewed against the City's Climate Action Plan's 900 MTCO2e threshold. The project will
produce 863 MTCO2e of GHG emissions per year, which is below the 900 MT CO2e threshold. Greenhouse
gas emissions are not new information, but was known at the time EIR 98-08 was certified.
Summary:
No other new or more severe environmental impacts will be associated with the proposed development
of Lot 1. EIR 98-08 thoroughly analyzed and mitigated impacts through an ongoing Mitigation Monitoring
and Reporting Program (MMRP). Therefore, the project is consistent with the analysis under EIR 98-08,
and does not require additional environmental review.
9.0 CEQA GUIDELINES SECTION 15162 SUMMARY
In order for the city to prepare an addendum to previously-certified EIR 98-08 for this project, an analysis
of the proposed change to the Specific Plan relative to CEQA Guidelines Section 15162 needs to be
undertaken. Section 15162 states that the city shall not prepare an EIR for this project unless one or more
of the following conditions exist:
September 2018, page 7, CEQA Addendum, EIR 98-08
November 27, 2018 Item #11 Page 150 of 317
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken
which will require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; or
3. New information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows
any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR;
(B) Significant effects previously examined will be substantially more severe than shown in the
previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible,
and would substantially reduce one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative; or
(D)Mitigation measures or alternatives which are considerably different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measure or alternative.
The proposed project will not have any effects more significant than previously analyzed and will
not require changes to any other mitigation measures.
10.0 CONCLUSION
The analysis above supports a determination that approval of the change to the Carlsbad Oaks North
Specific Plan identified in Section 6.0 above would not result in any previously-undisclosed significant
environmental impacts or a substantial increase in the severity of previously-disclosed impacts, or
additional significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan. As
discussed above, this document memorializes the city's reasoned conclusion that the amended Specific
Plan does not create the conditions requiring the preparation of a Subsequent or Supplemental EIR
pursuant to CEQA Guidelines Sections 15162 and 15163.
September 2018, page 8, CEQA Addendum, EIR 98-08
November 27, 2018 Item #11 Page 151 of 317
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-0042)-OAKMONT OF
CARLSBAD
October 3, 2018
Pa e 2
adjacent land uses from unfavorable impacts. The CONSP supersedes the development standards of the
underlying Planned Industrial (P-M) zoning designation of the properties within the Carlsbad Oaks North
business park. The Specific Plan established 23 lots for industrial development. All but the two lots (Lot 1
& Lot 2) that are separated from the other development lots by open space are accessed via streets or
driveways from Whiptail Loop to the north of Faraday Avenue. On September 27, 2016, the Carlsbad Oaks
North Specific Plan (SP 211(B)) was amended in Chapter 111, Development Standards and Design
Guidelines, Section A.2, Permitted Uses -Auxiliary Uses, by removing the requirement for one of two lots
(Lot 1 or Lot 2) to be reserved for commercial support uses. Removal of the requirement for commercial
support uses on one of the lots did not preclude such development occurring on either of the lots. The
amendment allowed developers the flexibility to develop either light industrial or commercial support
uses on these lots.
All 23 lots were mass graded as part of the Phase I development of the CONSP area. The topography of
Lot 1 is generally flat with no slopes, with a slight decline towards the westerly property line. As mentioned
previously, Lot 1 and 2 are isolated from the remainder ofthe 21 lots. No entitlements have been applied
for on either lot, prior to this project.
Project Description
The project applicant, Oakmont Senior Living, is requesting approval for the development and operation
of a professional care facility for the elderly on Lot 1 of the CONSP. Professional care facilities provide a
pertinent service for a demand that is growing, and are defined as a facility in which food, shelter, and
some form of professional service is provided such as nursing, medical, dietary, exercising and other
medically-recommended programs per Carlsbad Municipal Code (CMC) Section 21.04.295. To
accommodate such a project within the CONSP, a General Plan Amendment to amend the land use
designation from Planned Industrial (Pl) to Office (0), a Zone Change from Planned Industrial (P-M) to
Office (O) zone, and a Specific Plan Amendment to amend the text of the Carlsbad Oaks North Specific
Plan (SP 211(B)) are required. In addition, a Conditional Use Permit is required to allow the construction
and operation of the proposed facility within the Office (O) zone. Lastly, since the certification of
Environmental Impact Report (EIR 98-08), an Addendum has been prepared to provide clarification and
explanation supported by substantial evidence as to why the proposed change will not result in any new
impacts or any increase in severity of impacts originally addressed in EIR 98-08. Such requests for
professional care facilities are not uncommon within the city as the demand for senior care is a growing
trend.
Proposed development of the professional care facility is comprised of three detached buildings: a main
building, memory care building, and a marketing building. The main building, a 128, 745-square-foot three-
story 115-bed unit, with a maximum height of 44'-6", will be constructed above a 32,078-square-foot
subterranean parking garage containing 67 parking spaces. The memory care building, a 42,749-square-
foot two-story 54-bed unit, with a maximum height of 37 feet, will be constructed above a 15,921-square-
foot subterranean parking garage containing 32 parking spaces for employees only. The marketing
building, a 4,208-square-foot administration unit, will have a maximum height of 20 feet and no
subterranean parking garage. A future phase for the marketing building proposes to convert the space
into additional professional care rooms, with garage space. Architecturally, the three buildings reflect a
Mediterranean/Tuscan design by implementing tile roofs, natural earth tone stucco colors and similar
color stone treatments, complemented by mature trees and Mediterranean landscaping.
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A grading plan will be required for the 20,622 cubic yards (cy) of cut, 15,197 cy of fill, and 5,425 cy of
export to accommodate the subterranean parking and building pads. This amount of grading upon an
industrial site is common where underground parking is proposed. The site will provide two access points
for vehicles. The main access will be on the north end of the intersection of Faraday Avenue and El Fuerte
Street, and the second access off Faraday Avenue will be used only for emergency purposes and will
remain gated if not in use. Faraday Avenue will be improved by, but not limited to: street striping to
accommodate turn lanes, extension of Faraday Avenue turn lane, and modification of the intersection
traffic signal.
Table 1 below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE 1-LAND USE DESIGNATION AND ZONING OF SITE AND SURROUNDING SITES
Location General Plan Designation Zoning Current Land Use
Site Planned Industrial (Pl) Planned Industrial (Pl) Vacant/Undeveloped
North Open Space (OS) Open Space (OS) Open space in a
conservation easement
South Planned Industrial (Pl) Planned Industrial (P-Vacant/Undeveloped (Lot 2
M) of SP 211(())
East Open Space (OS) Open Space (OS) Open space in a
conservation easement
West Open Space (OS) Open Space (OS) Open space in a
' conservation easement
Ill. ANALYSIS
The proposed project is subject to the following ordinances, standards and policies:
A. General Plan Land Use Designation -Office (O);
B. Office (O) Zone (CMC Chapter 21.27);
C. Carlsbad Oaks North Specific Plan (SP 211(());
D. Conditional Use Permit Regulations (CMC Chapter 21.42);
E. Parking Ordinance (CMC Chapter 21.44);
F. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP);
G. Habitat Management Plan; and
H. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone
16.
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
and policies is discussed in the sections below.
A. General Plan Land Use Designation -Office (O)
Currently, the project site has a Planned Industrial (Pl) General Plan Land Use Designation, which is
intended to provide lands primarily for corporate office, research and development, and manufacturing
uses with ancillary commercial uses also permitted. The project proposes a General Plan Amendment
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from Planned Industrial (Pl) to Office (0) in order for the professional care faci lity use to be permitted on
Lot 1. Table 2 identifies General Plan goals and policies applicable to the proposed project and describes
how the project is in compliance with those goals and policies.
TABLE 2 -GENERAL PLAN COMPLIANCE*
ELEMENT USE, CLASSIFICATION, PROPOSED USES AND Comply
GOAL, OBJECTIVE, OR IMPROVEMENTS
PROGRAM
Land Use and Goal 2-G.4 The proposed project consists of a Yes
Community Promote balanced request for a General Plan
Design neighborhoods with a Amendment to change the General
variety of housing types and Land Use designation from Planned
density ranges to meet the Industrial (Pl) to Office (0) and a Zone
diverse demographic, Change from Planned Industrial (P-M)
economic and social needs to Office (0) to allow the
of residents, while ensuring construction and operation of a
a cohesive urban form with professional care facility that will
careful regard for provide shelter for Carlsbad residents
compatibility. in need of social interaction activities,
medical care, dietary, exercising or
other medically-recommended
programs. Based on demographic
projections this is a demand that will
continue to grow. Providing such
services within Carlsbad at various
locations will meet the needs of
Policy 2-P.37 Carlsbad residents. The general plan
Require new development amendment will allow land uses that
located in the Airport will be compatible with uses
Influence Area (AIA) to permitted on surrounding property
comply with the applicable by using high quality building
land use compatibility materials, providing greater setbacks
provisions of the McClellan from adjacent open space habitat,
Palomar Airport Land Use and featuring strong architectural
Compatibility Plan (ALUCP) relief and interest that avoids a
through review and monotonous design. The amendment
approval of a site is necessary to respond to changing
development plan or other needs of the city and its inhabitants.
development permit. In addition, an amendment to Office
Unless otherwise approved from Planned Industrial is not a
by City Council, significant deviation that would usurp
development proposals the intent of the area.
must be consistent or
conditionally-consistent
with applicable land use The proposed project is located
compatibility policies with within the ALUCP's Airport Influence
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ELEMENT USE, CLASSIFICATION, PROPOSED USES AND Comply
GOAL, OBJECTIVE, OR IMPROVEMENTS
PROGRAM
respect to noise, safety, Area (AIA) Review Area 1 which
airspace protection, and requires new development to meet
overflight notification, as four criteria (noise, safety, airspace
contained in the ALUCP. protection, and over flight). Further
discussed in Section 11I-F of the Staff
Policy 2-P.41 Report, the project meets all four of
Ensure that the review of the criteria, making it compatible
future projects places a high with the ALUCP AIA development
priority on the compatibility standards.
of adjacent land uses along
the interface of different The proposed land use changed and
residential density and non-specific use are compatible with
residential intensity adjacent light industrial uses and
categories. Special open space by using high quality
attention should be given to building materials, providing greater
buffering and transitional setbacks from adjacent open space
methods, especially, when habitat, and featuring strong
reviewing properties where architectural relief and interest that
different residential avoids a monotonous design.
densities or land uses are Additionally, the Mitigation
involved. Monitoring and Reporting Program
(MMRP) of the certified EIR 98-08
conditions the project to comply as
to naturally transition onto the lot
without additional impact.
Mobility Goal 3-G.4 The request for a General Plan Yes
Manage parking to support Amendment to change the General
all modes of transportation Land Use designation from Planned
and ensure efficient use of Industrial (Pl) to Office (0) will not
land. create any adverse effects on
mobility than what is already
anticipated. The proposed project
will generate an average daily trips
(ADT) of 466 which is lower than the
900 ADT EIR 98-08 analyzed for the
site. In addition, the project meets
the parking requirements for the
proposed use. A sidewalk and a class
2 bicycle facility exist on Faraday
Avenue. Furthermore, organized
shuttle buses offered by the facility
shall assist residents with various
needs at organized times, thus
reducing traffic and demand for
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ELEMENT USE, CLASSIFICATION, PROPOSED USES AND Comply
GOAL, OBJECTIVE, OR IMPROVEMENTS
PROGRAM
vehicle usage.
Noise Goal 5-G.2 The request for a General Plan Yes
Ensure that new Amendment to change the General
development is compatible Land Use designation from Planned
with the noise environment, Industrial (Pl) to Office (0) is not in
by continuing to use conflict with the noise levels on the
potential noise exposure as site per the General Plan Noise
a criterion in land use Element. Lot 1 will remain outside
planning. the 60-70 CNEL noise contours per
the General Plan Noise Element. The
Policy S-P.12 noise analysis for the project
Use the noise policies in the concludes that with standard building
McClellan-Palomar Airport construction the noise levels of the
Land Use Compatibility Plan interior of the building and outdoor
(ALUCP) to determine activity areas will be below City
acceptability of a land use standards. In addition, the MMRP of
within the airport's EIR 98-08 requires the project to
influence area (AIA) as comply with the standard that is
depicted in the ALUCP. currently in effect.
According to the ALUCP's
Compatibility Map for Noise, the
project site is located outside the
60dB CNEL noise exposure range.
Therefore, no noise restrictions apply
to the proposed development as
further discussed in Section I11-F of
the Staff Report.
Public Safety Goal 6-G.1 The request for a General Plan Yes
Minimize injury, loss of life, Amendment to change the General
and damage to property Land Use designation from Planned
resulting from fire, flood, Industrial (Pl) to Office (0), will not
hazardous material release, impact public safety given the type of
or seismic disasters. use and location. The proposed
buildings are designed to be in
Policy 6-P.34 conformance with drainage, flood
Enforce the Uniform control and seismic design standards.
Building and Fire codes, The project will meet all required
adopted by the city, to Building and Fire codes. In addition,
provide fire protection adequate fire access is provided at all
standards for all existing and points around the building.
proposed structures.
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ELEMENT USE, CLASSIFICATION, PROPOSED USES AND Comply
GOAL, OBJECTIVE, OR IMPROVEMENTS
PROGRAM
Sustainability Goal 9-G-2 The request for a General Plan Yes
Undertake initiatives to Amendment to change the General
enhance sustainability by Plan Land Use designation from
reducing the community's Planned Industrial (Pl} to Office (0)
greenhouse gas (GHG} required an analysis of the potential
emissions and fostering change in greenhouse gas emissions
green development patterns as a result a Greenhouse Gas Analysis
-including buildings, sites, was prepared for the professional
and landscapes. care facility. The conclusions of the
analysis is that the proposed facility
Policy 9-P.1 would produce approximately 863
Enforce the Climate Action MTCO2e annually. The projected
Plan as the city's strategy to emissions are less than the 900
reduce greenhouse gas MTCO2e screening criterion. By
emissions. emitting less than 900 MTCO2e the
project will not contribute
considerably to cumulative climate
change impacts, and therefore does
not need to demonstrate consistency
with the CAP.
B. Office (O) Zone (CMC Chapter 21.27)
Currently, the underlying zone for Lot 1 is Planned Industrial (P-M). The project proposes a zone change
from Planned Industrial (P-M) to Office (O) in order to allow a professional care facility, with approval of
a Conditional Use Permit. Therefore, the proposed senior living facility will be subject to the development
standards of the Office (O) zone (CMC Chapter 21.27}. Table 3 demonstrates the project's consistency
with the required development standards of the Office (0) zone.
TABLE 3 -OFFICE ZONE DEVELOPMENT STANDARDS*
Standard Required Proposed Comply
Main Memory Marketing Yes
Building Care
Building Height 45'* 44'-6" 37' 20' maximum Yes
maximum maximum
Building Setbacks Front Yard -one N/A N/A 91' Yes
story building 20'
Front Yard -two 99' 75' N/A Yes
or more story
building 40'
Building Setbacks Interior Side Yard N/A N/A 75' Yes
-one story
building: 10'
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Interior Side Yard 66' 60' N/A Yes
-two or more
story buildings
Rear Yard: 10' 66' (from the closet building) Yes
Parking/Driveway Front Yard 50' Yes
Setbacks (Prime Arterial -
Faraday Avenue):
30'
Interior Side 10' Yes
Yard: 5'
Rear Yard: 5' 45' Yes
Parking Area 10% minimum 12.6% Yes
Landscape
Parking Lot Trees 1 tree per 4 21 trees Yes
stalls:
64 surface
parking stalls+ 4
= 16 trees
required
Build ing Coverage 50% maximum 24.5% Yes
Walls A solid masonry No residentially zoned property surrounds Yes
wall is required the site.
along common
lot line of
adjacent
residentially
zoned property.
Lighting Exterior lighting The project is conditioned to submit and
is required for all obtain city planner approval of an exterior
employee and lighting plan including parking areas,
visitor parking walkways, and building entrances and exits,
areas, walkways, prior to the issuance of a building permit. All
and building lighting shall meet the California Green
entrances and Building Standards Code, be equipped with
exits. Light vandal resistant covers, prevent off-site
sources shall be glare, shall not exceed (0.5) foot-candle at
designed 'to property line, and all exterio r doors shall be
avoid direct or adequately illuminated at all hours of
indirect glare to darkness for safety. Furthermore, all lighting
any ofhite is conditioned to be designed to reflect
properties or downward and avoid any impacts on
public right-of-adjacent property and open space.
way.
* Pursuant to CMC Section 21.27.050.4, building setbacks for two or more story buildings above 35 feet
up to a maximum of 45 feet in height shall be increased at a ratio of one horizontal foot for every one foot
of vertical construction beyond 35 feet. The highest point of the main building is 44'-6" tall, and 37 feet
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for the memory care building, which requires 9'-6" and two feet of additional building setback to be
applied on all sides of the property. Each building exceeds the requirement.
C. Carlsbad Oaks North Specific Plan Amendment 211(C)
The proposed Specific Plan Amendment (AMEND 2017-0011) is the fourth amendment to the Carlsbad
Oaks North Specific Plan (CONSP) text is proposed to be updated in Chapter 111, Development Standards
and Design Guidelines to apply the development standards of CMC Chapter 21.27, Office zone. The
amended Specific Plan is Exhibit "AMEND 2017-0011" of Planning Commission Resolution 7310.
This request does not set a precedence in amending Specific Plans. Often Specific Plans are amended to
allow plans to be updated as the needs and demands of the City's community members change. In
addition, this amendment does not greatly deviate from the CONSP, since the development standards
and guidelines of the CONSP and the Office zone are quite similar. Therefore, the project does not cause
a significant deviation from the goals and policies of the Specific Plan, also analyzed in the Addendum .
D. Conditional Use Permit Regulations (CMC Chapter 21.42)
The proposed professional care facility is considered a conditionally-permitted use in the Office (O) zone
pursuant to CMC Section 21.27.020 Table A. The use requires Planning Commission approval of a
Conditional Use Permit subject to the provisions of CMC Chapter 21.42. The four findings for approving a
Conditional Use Permit for the construction and operation of a professional care facility in the Office (0)
zone can be made pursuant to CMC Section 21.42.030, as discussed below:
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.
The proposed professional care facility will provide shelter for Carlsbad residents in need of social
interaction activities, medical ca re, dietary, exercising or other medically-recommended programs.
The use is compatible with the surrounding open space and nearby light industrial uses by using high
quality building materials, providing greater setbacks from adjacent open space habitat, and featuring
strong architectural relief and interest that avoids a monotonous design. The project will result in
development of an existing graded lot. The facility is in harmony with the General Plan by providing a
desired professional care facility, and the proposed use has been designed to be compatible with the
surrounding uses.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located.
The proposed use is compatible with adjacent open space and light industrial uses by using high
quality building material, and strong architectural design that avoids a monotonous design. The use
does not create negative noise, traffic, or visual impacts. Lastly, safe ingress and egress to the site is
provided off of a private driveway from Faraday Avenue at a signalized intersection.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
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development features prescribed in this code and required by the city planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood.
The 6.38-acre site is adequate in size and shape to accommodate a professional care facility. The site
does not have any constraints that would impede development or require significant site alterations.
The professional care facility satisfies all applicable requirements, including but not limited to building
setbacks, landscaping in the setbacks, lot coverage, parking requirements, and design regulations.
Lastly, the architecture and design of the facility is complementary with the adjacent open space lots
(open space), and provides a transition between the adjacent light industrial uses along Faraday
Avenue to the adjacent open space surrounding the project site.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use.
EIR 98-08 anticipated that a light industrial use on each of the 23 lots would generate average daily
trips (ADT) of 900 per day. Lot 1, which is accessed off Faraday Avenue, is expected to generate 466
ADT by the proposed professional care facility. This is well below the significant traffic threshold of
900 ADT and not anticipated to impact the existing levels of service on Faraday Avenue.
E. Parking Ordinance (CMC Chapter 21.44)
The parking requirement for the professional care facility (assisted living) is 0.45 parking spaces per bed.
With a total of 175 beds (including the six beds for phase 2 of the marketing building) proposed in all three
buildings, the project requires 79 parking spaces (175 x 0.45 = 79). The project meets this parking
requirement providing 167 parking spaces. Spaces include subterranean parking, surface parking,
compact parking and disabled and van accessible parking.
F. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The project site is located within the Airport Influence Area (AIA) Review Area 1 of the McClellan-Palomar
Airport Land Use Compatibility Plan (ALUCP), requiring the project to be consistent with four criteria
contained in ALUCP Section 2.4.l. Each criterion involves specific standards to avoid potentially harmful
development within the AIA. Each of the four criteria are addressed separately for the construction and
operation of a professional care facility in the Office (O) zone. The project is consistent with the criteria of
the ALUCP, as discussed below:
l. Noise: Exposure to aircraft noise.
The airport noise contours are established for the purpose of evaluating the noise compatibility of
land use actions in the AIA. Section 3.3.3.(a) of the ALUCP states "the threshold for evaluation is the
projected 60dB CNEL contour. This contour defines the noise impact area of the airport. As depicted
in Exhibit 111-1 of the ALUCP, the proposed project site is located outside the 60dB CNEL noise exposure
range. Therefore, no noise restrictions apply to the proposed development.
2. Safety: Land use that affects safety both for people on the ground and in aircraft.
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As described in Section 3.4 of the ALUCP, the purpose of the safety compatibility policies is to minimize
risks to people and property in the event of an aircraft accident by setting limits on the proposed land
uses. The safety zones depicted in Exhibit 111-2 of the ALUCP divide the airport vicinity into six safety
zones, each representing relative risks associated with an aircraft accident.
As shown in Exhibit 111-2, the proposed project site is located within Safety Zone 6 {Traffic Pattern
Zone). Per ALUCP Policy 3.4.6.{a)(5) and Table 111-2, congregate care facilities, nursing homes, and
assisted living facilities located in Safety Zone 6 are determined to be compatible land uses. Therefore,
no safety restrictions apply to the proposed project.
3. Airspace protection: Protection of airport airspace.
Per Policy 2.4.2(C) of the ALUCP, the purpose of airspace protection compatibility policies is to ensure
that structures and other uses do not cause hazards to aircraft in flight within the airport vicinity.
Hazards to flight include but are not limited to: physical obstructions to the navigable airspace, wildlife
hazards such as bird strikes, and land use characteristics that create visual or electronic interference
with aircraft navigation or communication.
Exhibit 111-3 of the ALUCP reflects the airspace surfaces for McClellan-Palomar Airport as established
by the Federal Aviation Administration's (FAA) Federal Aviation Regulations (FAR) Part 77, Safe
Efficient Use and Preservation of the Navigable Airspace. FAR Part 77 establishes standards and
notification requirements for objects affecting navigable airspace. The ALUCP airspace policies are
intended to help implement regulations between the FAA and the state of California (ALUCP Policy
3.5.2).
ALUCP Policy 3.5.4(a) indicates that with limited exceptions, no object shall have a height that would
result in the penetration of the airspace protections surfaces for McClellan-Palomar Airport. As
depicted in Exhibit 111-3, the proposed project site underlies the horizontal surface which is a flat
surface established 150 feet above the established airport elevation. Based on the airport's elevation
of 331 feet above mean sea level (AMSL), the horizontal surface height is 481 feet AMSL. The
approximate elevation of Lot 1 is 256 feet AMSL. The tallest elevation of the project's structures,
which is an architectural feature of the main building, is 45 feet tall, bringing the project to an
elevation of approximately 301 feet AMSL, a difference of about 180 feet and well below the 481-foot
horizontal surface. Therefore, the proposed project would not penetrate the airspace protection
surface for the airport, and is in compliance with the Airspace Protection criteria. Furthermore, to
thoroughly analyze the project, a FAA Form 7460-1 Notice of Proposed Construction or Alteration was
submitted and the FAA determined the project posed no hazard to airspace navigation.
4. Overflight -Annoyance and other general concerns related to aircraft overflight.
As previously discussed, the project site is located within the Airport Influence Area (AIA) per Exhibit
1111-5. According to ALUCP Policy 3.6.3, recordation of an overflight notification is mandated only for
new residential land use development. Since this project is not considered a residential development,
rather a commercial facility, recordation of an overflight notification document is not required for the
project.
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G. Habitat Management Plan
The City of Carlsbad's Habitat Management Plan (HMP) identifies the 6.38-acre site as a development
area, which is located adjacent to a Hardline Conservation Area that is under long-term management by
the Center for Natural Lands Management. The adopted HMP is a comprehensive plan to protect native
plant and animal species and their habitats by the creation of a citywide, regional habitat preserve system.
The project will comply with the adjacency standards of the HMP that address fire management, erosion
control, landscaping, fencing restrictions, signs and lighting, and predator and exotic species control.
H. Growth Management Ordinance (CMC Chapter 21.90} and Local Facilities Management Plan Zone
The proposed project is located within Local Facilities Management Zone 16 in the Northeast Quadrant of
the city. Carlsbad's Growth Management Plan (GMP) included a maximum limit on the number of dwelling
units allowed within the city. All units meeting the definition of a dwelling unit, including apartments and
residential condominiums, are counted toward the GMP dwelling unit cap. However, all commercial living
units, such as a professional care facility, are not considered dwelling units and are excluded from the
GMP dwelling unit cap. The impacts on public facilities created by the project, and its compliance with the
adopted performance standards, are summarized in Table 5 below.
TABLE 5 -GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A Yes
Library N/A Yes
Waste Water Treatment 222 EDU Yes
Parks N/A Yes
Drainage 22.5 CFS Yes
Circulation 466 ADT Yes
Fire Station No. 5 Yes
Open Space Standard being met for existing and Yes
approved projects
Schools N/A Yes
Sewer Collection System 155 EDU Yes
Water 37,750 GPO Yes
IV. ENVIRONMENTAL REVIEW
Final Environmental Impact Report (EIR 98-08, SCH #2000051057) was certified with approval of the
Carlsbad Oaks North Specific Plan on October 8, 2002. In accordance with the California Environmental
Quality Act (CEQA), the city evaluated the project to determine if the proposed professional care facility
would trigger a supplemental or subsequent EIR, or if a simpler document, known as an addendum, could
be prepared. Supplemental and subsequent El Rs are necessary to use when a previously certified EIR is
not, or no longer, adequate to cover the impacts of the changed project and they require public noticing
and review periods similar to that required for Draft El Rs.
CEQA Guideline Section 15162 requires a subsequent EIR if:
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1. Substantial changes are proposed in the Project which will require major revisions to the previous
EIR due to the involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions to the previous EIR; or
3. New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effect not discussed in the previous EIR or
negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
CEQA Guideline Section 15163 requires a supplemental EIR if:
1. Any of the conditions described in Section 15162 would require the preparation of a subsequent
EIR, and
2. Only minor additions or changes would be necessary to make the previous EIR adequately apply
to the project in the changed situation.
In contrast, addenda are used when only minor changes are proposed to a project that do not result in
the above conditions. CEQA Guidelines Section 15164 states that "the lead agency ... shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary but none of the
conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred."
Section 15164 also notes an addendum may simply be attached to the Final EIR and does not need to be
circulated for public review.
As explained below, staff has reviewed the proposed changes to the Project and found that none of the
requirements in CEQA Guidelines Sections 15162 or 15163 for supplemental or subsequent EIRs have
been triggered. Therefore, the revised project is within the scope of the certified EIR and use of an
addendum to document the land use changes is appropriate.
EIR 98-08 identified potentially significant air quality impacts that would be caused by operational traffic
associated with the build-out of the Carlsbad Oaks North Specific Plan industrial development. The EIR
included mitigation measures that are still effective to reduce impacts on Lot 1. The City Planner has
determined that this project would not result in any previously-undisclosed significant environmental
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impacts or a substantial increase in the severity of previously disclosed impacts or additional significant
impacts beyond those previously addressed under EIR 98-08 for the Project. The City Planner has also
determined that the project does not create the conditions requiring the preparation of a Subsequent or
Supplemental EIR pursuant to CEQA Guidelines Sections 15162 and 15163. Therefore, an Addendum has
been prepared and is attached to the resolution in Attachment 3 for consideration in conjunction with EIR
98-08.
ATTACHMENTS:
1. Planning Commission Resolution No. 7310 (GPA/ZC/AMEND)
2. Planning Commission Resolution No. 7311 (CUP)
3. Planning Commission Resolution No. 7312 (Addendum)
4. Location Map
5. Disclosure Statement
6. Amended Carlsbad Oaks North Specific Plan Exhibit
7. Reduced Exhibits
8. Exhibits "A" -"PP" dated October 3, 2018
November 27, 2018 Item #11 Page 166 of 317
Carlsbad Oaks North Business Park
SpecificPlanNo. 2ll(C)
Carlsbad Oaks North Partners, L.P.
Techbilt Construction, Corp.
Ms. Jenny Tchang
Mr. Ted Tchang
Mr. Doug Woods
O'Day Consultants, Inc.
Owner
DevelQper
Engineer
Pat O'Day ........•.. ,:•··········-··•·:•···•······,···,····•···,···········•·•·•····•·•·············•t•··············president
Tim Carroll ................. ; .......................................................................... ProjectEngineer
Ladwig Design Group, Inc. Planner
Bob :Ladwig ........ : .......................... , .. ;, ............................................ , ................... President
AOL Planning Associates, Inc. Landscape Architecture
Tony Lawson .. ,·-~·-······ .. ····································· .. --· ............................................ President
November 27, 2018 Item #11 Page 171 of 317
Carlsbad Oaks . Nortl, Specific Plan
I. INTRODUCTION
A. Initiation of Plan
Li _ C• P
The Carlsbad Oaks North Specific Plan was prepared at the request of the property owner; Techbilt
Construction, Inc. Io 1986, the Carlsbad Airport Business Center Specific Plan (SP 200) was approved.
Although the proposed Carlsbad Oaks North Busines? Park site was included as Area B of SP 200, the
document set forth the detailed regulations, conditions and programs for development of Area A, which consists
ofl87 acres located directly to the south of the project site. This area has been developed wi,th industrial uses in
accordance with the approval of SP 200. The split of the Specific Plan into the southern and northern parts was
determined to be the best mechanism to allow development ofthe southern portion of the Specific Plan. In
1986, it was anticipate.cl than an amendment to the Carlsbad Airport Business Center Specific Plan would take
place to include a more detailed discussion of the northern portion of the Specific Plan. The proposed Specific
Plan for the Carls!,ad Oaks North Business Park is proposed in lieu of the amendment anticipated to address
development ofthe site.
e ... ~g 1-1 November 27, 2018 Item #11 Page 177 of 317
November 27, 2018 Item #11 Page 271 of 317
November 27, 2018Item #11 Page 275 of 317
November 27, 2018Item #11 Page 276 of 317
1, !• t~ I U ~ J 11 ~•. I .. t ~ ~! ~! \ "' November 27, 2018Item #11 Page 277 of 317
< \
I
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4 \ :\
I
I November 27, 2018Item #11 Page 281 of 317
Planning Commission Minutes October 3, 2018 Page 3
Commissioner Meenes asked about the future change of the marketing building and when the
applicant anticipates the building will be converted for use.
Ms. Daugherty stated that would probably be once our assisted living building and Memory Care
building is full which usually happens quickly for us. The marketing building is used so that people
can see during construction what the units will look like and then it would be later turned into
four individual units.
Commissioner Anderson asked if there are regulations about how many staff members must be
on site per individual. .c:hlff{t?;
Ms. Daugherty stated that the way assisted living license"~o:r:ks is that when someone comes in ;; . --~/2.,,.r.\,"-"--'l
they get a doctor's assessment and that's going to tell·usnow··m}Jch care they're going need. She
I /· ~ .·:~.. , ~,.-./'.,
stated that it depends on acuity. She stated an ~s,tib'Jation of tli~1fsi~e of this community would
/.>:,'/~'.·", ,I ,·<::,; ... -~:
probably have approximately 70 full time staff,c1tfi;fzO-part time staff::t. /ki~?"/ . '(✓, ~~'";:,.
Commissioner Anderson asked ifthat is regulat~c;(b,y,_the stat~ qr is that sof.t)'~,t~ing your company
. ~~ '~~ -~ determines. 0J5:, .. ;t/'/ "'.:~z\, (;ikt > .. . .,0~tt?' %,
Ms. Daugherty stated that she was ft;qf sur~;:<;>f the speci{ic::;r,egulation, but the company would
determine above that mini~-um. ,;::::r:t;.,:f6f;t?~l:·z ·t,~f/ft>:,
Chair Montgomery asked(1ha1u the pa/k1B g requi?~m:e:ots, an.ci1°W6ticed that the applicant is . . . ,,_ ~//'..-*;·/' .-·-,~{(, :;;,. ~>·.-:_ i'.". ,,/;%,' ,'./;~ ·:.f~?<·-}·✓;,,,. •
prov1ding_trrple the ~,?!Z~nt of w ~~~our nor~Jl.,X_~quirements;,ould be and would like to know
why that 1s planned. ·'<:,<:, ·,;-;;:: \:··/?
. , '"<{:;~:. ,;~:t; ;;> . ,;,fi;t
Ms. Dau9h~?!~f t!~-~-~9 that?c1{c~i~muriif Y:·pt, thiV~ire would draw a few more independent
residenti; ~ca·u·si ·•i·f~a:S a lot 6f~am enities' a'r)'.d;therlr,is no street parking. {~;1:: . ~;;£{:\%, ••/ t~/•:a. ·-{~3'
Commissi8r\er Meenes asked w_hat artthe plans for the type of fencing around the memory care
facility anci' t"tr;at. are the pla~f as the t~t~~of material used for the remaining part of the project
given there's ;gfM,l,l.ch open sp~{~'.adjacerit to it. X:,-:%,,,,, --z.~ •✓r;);;:.. :J~:~ %~: ·~ --;,., j
Ms. Daugherty stated ~_h9J th~{Af~mory care building is secure and there is going to be a 5-foot-
.~.,,.,_/. ✓..~❖:%
tall stucco fence with a···cip f9 people feel that they are in a very secure area. She also stated
'• '?;.· that they have a 30-foot fireisuppression setbacks. She stated they don't have a lot of plans for
fencing the entire site, and we were thinking of doing some wrought iron fences for views.
Dustin Maxim, landscape architect, who works for the company. He stated the best views are to
the north and we wanted to keep those views open. He stated the stucco masonry fence will be
around the memory care and then the wrought iron fencing will be where pathways are adjacent
to the slope. He stated they do not have plans to fence the entire area.
November 27, 2018 Item #11 Page 315 of 317
Council Memorandum
(cicyof
Carlsbad
November 27, 2018
To:
From:
Via
Re:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Assistant City Manager ,G~
Scott Chadwick, City Manager ~
Responses to Questions from November 26, 2018 Council Briefings
Agenda Item No. 11 -Oakmont of Carlsbad
Question 1: What was the methodology used to produce average daily trips (ADT) for
the professional care facility?
Answer: A Traffic and Parking Study was conducted by the Crane Transportation Group
to determine the project's ADT. Trip rates utilized in this evaluation are from the Trip
Generation -An /TE Information Report, 10th Edition, by the Institute of Transportation
Engineers, 2017. Note, some units have more than one bed, and this number includes
phase II of the marketing building, respectively.
DAILY AMPEAKHOUR PM PEAK HOUR
VOLUMES VOLUMES
2-WAYTRIPS IN+OUT IN+OUT
SIZE
USE RATE VOL RATE VOL RATE VOL
ASSISTED 180 beds 2.602 466 .19 2 35 .26 2 47
LIVING I
1Trip Rate Source: Trip Generation, JO'h Edition, Institute of Traffic Engineers (JTE) September 2017, Land Use #254.
2 Average, two-way rates (inbound+ outbound). ITE Trip Generation, JO'h Edition provides no fitted curve equation for
daily or peak hour conditions.
Question 2: Why does the project not have a minor site development plan, pursuant to
Carlsbad Municipal Code (CMC) Section 21.27.040?
Answer: The proposed amended Specific Plan references the Office zone standards for
the site (CMC Chapter 21.27). CMC Section 21.27.040 states that a minor site
development plan (SDP) is required for development in the Office zone, subject to the
provisions of CMC Chapter 21.06 (that establishes the procedures for site development
plans). Pursuant to CMC Section 21.06.020(a), any conditional use permitted in the
project site's zone is permitted, subject to the conditions and restrictions applicable in
that zone and required findings for approval. Because the professional care use requires
City Manager's Office
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
Responses to Questions from November 26 Council Briefings
November 27, 2018
Page 2
a Conditional Use Permit (CUP) in the Office zone, the CUP and associated findings take
precedence over the SDP, and a minor SDP is not required.
cc: Celia Brewer, City Attorney
Scott Chadwick, City Manager
Elaine Lukey, Chief Operations Officer
Sheila Cobian, City Clerk
C cicyof
Carlsbad
Memorandum
November 27, 2018
To:
From:
Via
Re:
Mayor and City Council Members
Paul Dan, Associate Planner
Don Neu, City Planner
Additional Material/Information Regarding Staff Report Item# 11-Oakmont of
Carlsbad
1. On page 149 of the staff report, Section 8.0 under the heading of Traffic in the Addendum to
Final Environmental Impact Report 98-08 should be revised to change the average daily trips
(ADT) from 388 to 466.
C: City Manager
City Attorney
City Clerk Services Manager
.,._., ....... -.
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: a{) u . 11. :101y>
SUBJECT: Q,.){_m~ c~
LOCATION: /()(.;l)-~ /)~~.
DATE NOTICES MAILED TO PROPERTY OWNERS: _ _:_/-'-/_,_/-'-1_(.L)-L..l--=--1..,_.~.____ __ _
NUMBER MAILED: __ ] ____ _
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Date)
SENT TO FOR PUBLICATION VIA E-MAIL TO: ~Union Tribune
D Coast News
PUBLICATION DATE: Union Tribune / / / J lfl / Jg-------'--'-----'---;__:__.c:__ ______ _
Coast News ---------------
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct. ~ ·
Date: I / iL Lf ff <f? \.r UVYla__,'=-[ Jr/4_71f,vi,_T'v
(Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of
the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m. on Tuesday, November 27, 2018 to consider approving a request
for a recommendation of approval of a General Plan Amendment, Zone Change, Specific Plan
Amendment, Conditional Use Permit, and an addendum to Environmental Impact Report (EIR 98-08)
to change the land use designation from Planned Industrial to Office, change the zone from Planned
Industrial to Office, amend the Carlsbad Oaks North Park Specific Plan SP 211(C) text, to apply Office
(0) zone standards and allow the construction and operation of a professional care facility consisting
of three buildings: a 128,745-square-foot three story main building above a 32,078-square-foot
subterranean parking garage, a 42, 7 49-square-foot memory care building above a 15,921-square-foot
subterranean parking garage, and a 4,208-square-foot administration building, on a 6.38-acre lot,
generally located on the northwest corner of Faraday Avenue and El Fuerte Street, within Local
Facilities Management Zone 16, and more particularly described as:
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase
1, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14926, filed in the office of the
County Recorder of San Diego County, December 15, 2004
Whereas, on October 3, 2018 the City of Carlsbad Planning Commission voted 6-0 to recommend
approval of a General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional Use
Permit, and an addendum to Environmental Impact Report (EIR 98-08) to change the land use
designation from Planned Industrial to Office, change the zone from Planned Industrial to Office,
amend the Carlsbad Oaks North Park Specific Plan SP 211 (C) text, to apply Office (0) zone standards
and allow the construction and operation of a professional care facility consisting of three buildings: a
128,745-square-foot three story main building above a 32,078-square-foot subterranean parking
garage, a 42,749-square-foot memory care building above a 15,921-square-foot subterranean parking
garage, and a 4,208-square-foot administration building, on a 6.38-acre lot, generally located on the
northwest corner of Faraday Avenue and El Fuerte Street, within Local Facilities Management Zone
16. The City Planner has determined that this project would not result in any previously-undisclosed
significant environmental impacts or a substantial increase in the severity of previously-disclosed
impacts or additional significant impacts beyond those previously addressed under EIR 98-08(A) for
the Specific Plan, and does not create the conditions requiring the preparation of a Subsequent or
Supplemental EIR pursuant to CEQA Guidelines Sections 15162 and 15163. Therefore, an
Addendum to EIR 98-08 has been prepared.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Copies of the staff report will be available on and after Wednesday, November 21, 2018. If you have
any questions, please contact Paul Dan in the Planning Division at (760) 602-4614 or
paul.dan@carlsbadca.gov.
If you challenge the General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional
Use Permit in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-
0042)
CASE NAME: OAKMONT OF CARLSBAD
PUBLISH: FRIDAY, NOVEMBER 16,2018
CITY OF CARLSBAD CITY COUNCIL
NOT TO SCALE
SITE MAP
Oakmont of Carlsbad
GPA2017-0003/ZC 2017-0001
AMEND 2017-0011/CUP 2017-0008
AVERY 5760 1 \_--J I
TECHBIL T CONSTRUCTION CORP
PO BOX 80036
SAN DIEGO CA 92138-0036 B001
CARLSBAD OAKS NORTH VENTURES
3575 KENYON ST
SAN DIEGO CA 92110-5349 C022 C/O
THEODORE TCHANG
QUALITY MAPPING SERVICE
14549 ARCHWOOD ST #301
VAN NUYS CA 91405
' ' I
I', 11d ,I 1111 I I II t I' 1 I I I 1: l,j f ,111, I
QMS 17-333A
OWNERSHIP LIST
NOVEMBER 1 2018
PAGE 1
COUNTY OF SAN DIEGO
PALOMAR AIRPORT RD
CARLSBAD CA
CITY OF CARLSBAD
EL FUERTE ST
CARLSBAD CA
Etiquettes d acl1essr' Ecisy Pee:! :
f ' jJlir -I I I I l, hu11 1'111 r i, I\ ! I I I, I! ! I f ii) I Ji J I
CENTER FOR NATURAL LANDS MGMT
27258 VIA INDUSTRIA #B
TEMECULA CA 92590-3751 C013
HANNAH DAUGHERTY
OAKMONT SENIOR LIVING
9240 OLD REDWOOD HIGHWAY SUITE 200
WINDSOR CA 95492
1'\II(!::'. cl ,1\lel y.Ccl1 gc1br11 itc :
11 I ' ( ii / I I
•
Tammy McMinn
From:
Sent:
To:
Cc:
Subject:
Hi Tammy,
Melissa Flores
Thursday, November 08, 2018 4:12 PM
Tammy McMinn
Paul Dan; Daisy Hernandez
RE: Public Notice for City Council
I looked at the map and verified with Daisy that is all the labels for this project. Thank you so much for checking.
From: Tammy McMinn
Sent: Thursday, November 08, 2018 3:52 PM
To: Melissa Flores <Melissa.Flores@carlsbadca.gov>
Cc: Paul Dan <Paul.Dan@carlsbadca.gov>
Subject: RE: Public Notice for City Council
OK thanks. When I was in Planning they had a set of 30 or so labels that was sent with every
public hearing notice. Maybe Michele or Daisy know where to find them.
Kind regards,
Tammy~
From: Melissa Flores
Sent: Thursday, November 08, 2018 3:50 PM
To: Tammy McMinn <Tammy.Cloud-McMinn@carlsbadca.gov>
Cc: Paul Dan <Paul.Dan@carlsbadca.gov>
Subject: RE: Public Notice for City Council
Hi Tammy,
I confirmed with the planner that the labels include all of the property owners within a 600' radius.
Thank you.
From: Tammy McMinn
Sent: Thursday, November 08, 2018 3:20 PM
To: Melissa Flores <Melissa.Flores@carlsbadca.gov>
Subject: RE: Public Notice for City Council
Hi Melissa,
I received your labels. However, there are usually many more labels that are used for
Planning's public hearing notices. Can you double check with someone?
Kind regards,
Tammy~
From: Melissa Flores
Sent: Wednesday, November 07, 2018 2:21 PM
To: Faviola Medina <Faviola.Medina@carlsbadca.gov>; Tammy McMinn <Tammy.Cloud-McMinn@carlsbadca.gov>;
Sheila Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: Public Notice for City Council
Good afternoon,
Attached is a public notice for a project going to City Council on the 27th of this month. The labels will be sent today via
interoffice mail. Please let me know if there is anything I need to change, correct, or do differently for next time. This is
my first one.
Thank you in advance for your help.
Ccityof
Carlsbad
Melissa Flores
Administrative Secretary
Planning Division
1635 Faraday Ave.
Carlsbad, CA 92008
www.carlsbadca.gov
760-602-4617 I 760-602-8560 fax I melissa.flores@carlsbadca.gov
2
Oakmont of Carlsbad
Paul Dan, Associate Planner
November 27, 2018
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
Location Map
Oakmont of Carlsbad
GPA 2017-0003 / ZC 2017-0001
AMEND 2017-0011 / CUP 2017-0008
0 200 400 800
Existing
Existing
Proposed
\ p ....
f ' ll
-•'
Main Building
Memory Care Building
Marketing Building
Project Consistency
General Plan Land Use Designation –Office (O);
Office (O) Zone (CMC Chapter 21.27);
Carlsbad Oaks North Specific Plan (SP 211(C));
Conditional Use Permit Regulations (CMC Chapter 21.42);
Parking Ordinance (CMC Chapter 21.44);
McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP);
Habitat Management Plan; and
Growth Management Ordinance (CMC Chapter 21.90) and Local
Facilities Management Plan Zone 16.
Recommendation
That the City Council (1)introduce ordinances adopting Zone
Change ZC 2017-0001 and Specific Plan Amendment AMEND
2017-0011; and (2)adopt the resolutions approving an
Addendum to Environmental Impact Report EIR 98-08,General
Plan Amendment GPA 2017-0003 and Conditional Use Permit
CUP 2017-0008 based upon the findings and subject to the
conditions contained therein.
Oakmont of Carlsbad
Need for Senior Care
•Laurel Beck and Hans Johsnon (2015) at the Public Policy Institute of
California project that by 2030 the state’s senior population will be
87% higher than in 2012 and slightly over one million seniors will
require assistance with daily care; there will be a large increase in
demand for health and support services.
•According to data from the California Department of Ageing (2015)
San Diego County can expect a 50% increase in people aged 60 or
older and a 149.9% increase of those aged 85 or older from the years
1990-2020.
Figure 1. California's senior population will nearly double by 2030
10.000.000
9,000.000
8.000.000
1.000.000
6,000,000
5,000,000
4,000,000
3.000.000
2.000,000
1,000,000
0 .,.... ............... -..-..-..-..-..-..-..-----,--,--,-..,.....,..."'1
<O 0
~2 "' "'
• 90•
• 85to 89
• 80 to84
• 75 to 79
• 70 to 74
• 65 to 69
SOURCE.: State of Caflfom1a, Department of Rnance. State and County Population Projections by Race/Ethnicity, Sex. and Age
2010-2060, Sacramento, CaUfomia, December 2014.
Figure 4. The number of seniors facing difficulties with self care will almost
double
C 1,200.000
.2 ii 1,000,000 I
1,010.100
! 800.000 .. ~ 600.000 31 ..
£ 'i 400.000
I!! .2 200.000
C .. "' 0
1990 2000 2012 2030
SOURCE: ACS aod D~cennilll Cco:ws ar,d author calcu&tllioos.
,'1'VJJC,"I 0 \hMO.,_ I ::,-1_.,_lOk I l\'1"-C..•
~-,('IIJ>U.1,.-000119,'\' 'f,"l,'IJ!,()11,,(.\
('\l:'"1\~U'\
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O.AKJ.v[0NT OF CARLSBAD CO~C1:1rn•,\I. \l,\~n.R PI-\N
C.•\ttl...Slli\1>,CAI.IH,tt;\;1,\ O.\K~OXTSl '\'IORl.l\1:-.<t
Oakmont Town Car
r c ) -''"Oakmont
Senior Living
Entry
Main Dining
Private Dining
Theater
Wellness Center
Reading Room & Library
Fitness Center
Salon
r ~-
Pet Park
Resident Gardens
Oakmont of Carlsbad
Main Building South/Front Elevation
Memory Care East/Front Elevation
Marketing Building/Casitas East/Front Elevation
All Color Elevations
South Elevation-Front
Main Building Elevations
North Elevation-Back
West Elevation
East Elevation
Memory Care Building Elevations
East Elevation-Front & Entrance
West Elevation-Back
South Elevation-Employee Parking Entrance
North Elevation
Casitas/Marketing Building Elevations
East Elevation-Front
West Elevation-Back
till J
South Elevation
~'
1 R _J
North Elevation
Full Plan Set
(:F'A 2011-e,e,,)3 / ZC 2011·-IIMENC> 2tm•I01DII QP
OAK MONT OF C ARLSB A D
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PROP£RTYOJ.NER
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0.AKivIONT OF CARLSBAD srtl!.l'I.AN
0AKr..«)1'.'T Jit'.Sl()ll U\.1.N(;
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O AK.tvf0NT O F C ARLSBAD CONCl.1"'11.MI.MA:-llcl( Pl.A:'\
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RO('Cf. COURT ARROR
O AK.tvf0NT O F C ARLSBAD l.!'-IJ\H.Cl·.MI .NT l'l,A:'\ XO~'l'II
C:ARl • .;;HAI>, C:AI.IHlRNI,\ O,\K\IONT~hr-.:tOK 1.IVIM";
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r.u:VATION FIRE GAn :
O AK1\10NT Or CARLSBAD l.1\Nf)SC.,Wl.1>1:TAIL,
C:ARl~'iBAI), c:AIJH>RNIA 0,\K.\tON'l'Sl•.NIOlt I.JVl~C.
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L ln.""tiRY ASSISTED
LIVING -~,,, .. ,.
OAKMONT OFC ARLSBAD
C.-\..'U..SS.-\0 C • ' ALif'OlL'lL.\
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COtfCEP'TUAl PUJITINO NOTES
L 1.:01""--...«l>lt_,,._ "4~atA.,_,,tu:I
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OAKMO?-."T S:E...NIOR U\'lNG MAYMUl 1:>cot.Dllll01Kl00MGJft',.T.SL1ff11).)0
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OAKMONT OF CARLSBAD
f:\ .. ~D:\Y :\VE:-.UE
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...., .. 111;-• ....... ~ .
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9"' ¥:CU . . . .. " ~ ::::
fNLARGEIENT PLAN •A'
l ,.r~•u•uri:: .. •••,.. .... , .. ; .. ~ ;>, ~••"•U~•i;.ftll'II l'll>l'l>fl ••. 1~1.11) :-. 11:~,n•u •w•"•~M ""-
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1>olOUl~M~-.T,JUmlX>O ~a.-...n:io,~.,•
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t. '\
ENLARGBIIENT Pl.AN '8"
' \ :.:~;':'.,~~.·.::
OAKMONT O F CARLSBAD
f,\MD.~ Y .~ VE:-ruE
C.-UU.SB • .\D, CAllfOL~I.A
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KEY Pl.AN
(X)NCl'.f'nJAL 1.ANt>S<",.APF.
Pl.AN E'l'•.,.Ak(;f-'.\11,!1,,,-I'
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SLOPE REVEGETATIOHI'
EROSK>N CONTROL ttOTES __ ._,c,o,...._. ___ ....,..,. __ ,., --. .. i-.,...wo,_,.._..,_ _..._..__ ___ ,,_., _____ _
'"-___ , ... ...__.......,.,._(> __ ,.,.. ____ _
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OAKM0?\.'7 SENIOR lJVING
•loilOUI l llCeOOO Mc.i.-.T,1Ulft )0() ~(.o.-:'11:141$1:ito:
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HYOROZOHE DIAGRAM
0 A.Ki\10 NT OF CARLSBAD
f,\ ... '-AD:\ Y .WE~E
C:\lU.S-B.ID, C.UifOlLl\:!lA
(<Je,,,"(.:t-:P'l'tJAl. WA'rl'Jt
(X)NSF.ltv.-.·nON ~.A.N
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HYOROZONE OIAORAIII LEGEND
Wl!LO WorkshfftS
W•let" ._ .. ,tt ~f"W•l'Q'-1" .,.. ____ ..,..,......., .................... -,1 .. ,.......,. --
·-........... __ _ -·--... --·----..... ____ _
PREUllllU.RY UTIMATEO TOTAt. WATER U8E. (ETWU)
hotl•Mfl Tot., w-.ru .. . __ .............. --t-.-.... _ .. l\1'1111 .. ~:?..:-EE:'..:::::=~-~=~~
.trwv•w-~f•,;..,..,il.lJ
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OAKMO~~S:E.NIORUVING t)otQUIUD.OOOMae..,:r,tlJlftXlO
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llA.l(HIUM APPUEO WA TEA ALLOWANCE l)IIAWAI
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MAY20l3
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:::-:.~=:--.::-M•------···-----
OAKMONT O F CARLSBAD
f ,\lU1.DAYAVE:,WE
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(X)N(:EP'IVAI, 1,1/'El . .0
CAf.ClH.','l'l()NS
ST.O.TEMEHT Of WATER COKSERVAllON FEATURES
---.......... --... ,ui---::~='.:....~·=:==-: :::-.:=...~....:::::=:::::..=:,;..,-:...-::::--:.:..--j'fWC.-~ __ ,
:::::.-===-~=-==-::=z.::..;=..=::-==~~~ _,, ________ _ _ .. ____ ,.. ..... _ .. ___ _ -.. ·-·-------,. __ ........... ------··· _,,, _______ _ _ __ ,. _ ---..... _.,. .. ______ .. _ ==..=---==-==~w:.=:-________ ._ __ .... ,,._
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TYPICAL ffiE SU ' PPRESSION ZONE SECTION
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PAAKINC AREA LANDSCAPE CALCULATION
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MAY %113
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