HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68301 PLANNING COMMISSION RESOLUTION NO. 6830
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A 305 UNIT CONTINUING
4 CARE RETIREMENT COMMUNITY, INCLUDING 58
5 COTTAGES, 166 INDEPENDENT LIVING UNITS AND A 81-
ROOM/95-BED ASSISTED LIVING/CONGREGATE CARE
6 FACILITY ON A 46-ACRE PROPERTY GENERALLY
LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF
7 CANNON ROAD, EAST OF EL CAMINO REAL AND WEST OF
THE FUTURE EXTENSION OF COLLEGE BOULEVARD
8 REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE
9 15.
CASE NAME: DOS COLINAS
10 CASE NO.: CUP 09-02
11 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
12 application with the City of Carlsbad regarding property described as
13
That portion of Lot "B" of Rancho Agua Hedionda in the
14 County of San Diego, State of California, According to Map
thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16,1896
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Conditional Use
18
19 Permit as shown on Exhibits "A" - "S" (Minor Subdivision Plans), "A" - "J" (Hillside
20 Development Plans), "A - "KK" (Architecture for Senior Development), and "A" - "T"
21 (Landscaping for Senior Development), dated October 19, 2011, on file in the Planning
22 Department, DOS COLINAS - CUP 09-02, as provided by Chapter 21.42 and/or 21.50 of the
23
Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on October 19, 2011, hold a duly
£, *J
25 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
2° and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
<- B) That based on the evidence presented at the public hearing, the Commission
APPROVES DOS COLINAS- CUP 09-02, based on the following findings and
6 subject to the following conditions:
Findings:
o
1. That the requested use is necessary or desirable for the development of the community,
9 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
10 proposed professional care facility provides an alternative to the long-term
residential, social, and health care needs of elderly residents. The facility, which
includes a combination of detached cottages, independent apartment-style
independent living units as well as assisted living, offers a continuum of care to
minimize trauma associated with a transfer and allows for the provision of social
13 and health care services in a licensed setting. As discussed within Table 2 of the
staff report, the professional care facility is consistent with the Residential Medium
14 Density (RM) General Plan Land Use designation in that it will provide the elderly
with a sense of community. In addition, the project is consistent with the various
elements and objectives of the General Plan in that the project permanently
16 preserves sensitive upland habitat and includes the development of the core and
frontage improvements for the extension of College Boulevard Reach "A," a prime
17 arterial road pursuant to the Circulation Element. The construction of College
Boulevard Reach "A" would result in improved circulation infrastructure and will
address the areas future needs. The project also proposes a noise attenuation wall
along the entire College Boulevard street frontage to mitigate traffic noise. Finally,
the General Plan recognizes the need and benefit for a variety of housing, including
20 uses such as the proposed professional care facility for seniors as well as affordable
housing.
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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 project,
23 consisting of a comprehensively-planned professional care facility located on a
35.31-acre site, is located adjacent to the future extension of College Boulevard to
24 the east, a prime arterial road. The closest existing residential use to the proposed
facility is Rancho Carlsbad Estates, an existing 504-unit senior condominium mobile
home park to the west; however, because an RV storage/garden area for Rancho
Carlsbad Estates, as well as a number of detentions basins are proposed in between
the professional care facility and the community, there will be no direct interface
27 between the existing and proposed uses. The proposed use is compatible with the
existing uses in that it also serves the elderly, is located more than 700 feet away
-° from the Rancho Carlsbad Estates community and the slopes supporting the site
will be landscaped pursuant to the requirements of the city's Landscape Manual. In
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addition, the professional care facility is proposed to be located adjacent to an
2 existing equestrian property as well as Agua Hedionda Creek to the south. A 60-
foot-vvide fuel modification zone as well as a 1.21-acre upland open space parcel will
3 separate the proposed single-story cottages from the adjacent properties. Further,
the proposed project will generate less traffic (i.e., 1,090 Average Daily Trips for
^ professional care use) than if the project were to be developed consistent with the
c existing RLM General Plan Land Use designation (131 single family residential
units, 1,310 Average Daily Trips). Finally, the professional care facility will not
6 involve the use of hazardous materials in significant quantities, would not create
excessive noise, or involve intensive or nighttime activities that would be detrimental
7 to surrounding land uses.
o
3. That the site for the proposed conditional use is adequate in size and shape to
9 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
10 Planning Director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the 35.31-acre project site in that the project
fits within the development envelope without the need for any significant
12 modifications to the development standards of the Zoning Code. One modification
has been requested to the covered parking requirements for the independent living
13 units. Specifically, while the parking proposed for the independent living units
satisfies the numerical parking standard (i.e., 1.5 spaces/ unit and 1 guest space per
14 every 5 units), only 21 percent of the spaces are covered (i.e. 54-space underground
parking garage for 166 units). Staff has researched the parking requirements for
similar projects in the community and determined that the proposed number of
16 covered parking spaces for the independent living units is comparable. Pursuant to
CMC Section 21.42.140(A), modifications to the parking standards can be made
17 since the minimum numerical requirement is satisfied. In addition, a daily shuttle
service will be provided to address the daily needs for the tenants of the independent
living units who are unable to drive or may not own a car.
19 The project exceeds all additional development standards including setback, lot size,
20 and lot coverage. As discussed in Table 2 of this report, a sound wall is required
around the eastern perimeter of the development to mitigate the impacts associated
21 with traffic noise generated by College Boulevard to a less than significant level.
The proposed wall will be decorative and screened with landscaping. In addition,
open space, 60-foot-wide fuel modification zones and a number of detention basins
23 provide a substantial buffer between the proposed project and the adjacent sensitive
habitat to the south (i.e. Agua Hedionda Creek riparian corridor). Further, the
24 lowest intensity professional care use, single-story cottages, are located on the
perimeter of the development, which provides an additional buffer between the
adjacent sensitive habitat and the proposed two and three-story independent and
2/r assisted living buildings. Landscaping is proposed around the perimeter as well
which will soften any visual impacts associated with grading the pad for
27 development. Two loading facilities are proposed to be located along east elevations
facing College Boulevard. The loading facilities are proposed to be
28 enhanced/screened with a trellis and landscaping. In addition, the combination of
the elevation difference between College Boulevard and the pad elevations for the
PCRESONO. 6830 -3-
AL and IL buildings, as well as the incorporation of a sound wall with landscaping
2 screening will assist in fully screening the loading facilities from public view along
the College Boulevard frontage.
3
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that primary access to the professional care site will
c be provided by two private signalized and gated driveways located off of a new
extension to College Boulevard, which is more specifically referred to as College
6 Boulevard Reach "A". College Boulevard is a major arterial road with 102-foot
right-of-way and a raised median. While the core and frontage improvements are
proposed to be constructed as part of the Dos Colinas project, the impacts
associated with the construction of College Boulevard were previously-analyzed and
approved pursuant to a separate Environmental Impact Report which was certified
9 in 2001 (Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No.
4 and Detention Basins, EIR 98-02, SCH No. 99111082). As discussed in the EIR
10 prepared for the Dos Colinas project (EIR 09-01), the Average Daily Trips (ADTs)
associated with the professional care facility do not result in any significant
capacity-related impacts to any road segments or intersections.
12 The project is consistent with the Citywide Facilities and Improvements Plan, the Local
13 Facilities Management Plan for Zone 15 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
14 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
19 b. The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal
20 Code Section 21.90.050 and will be collected prior to issuance of building permit.
21 6. The project is consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan (adopted January 25, 2010, amended March 4, 2010) in that:
23 a. The project site is located outside of the 60-65 dB CNEL noise exposure range
per Exhibit III-l - Compatibility Policy Map: Noise. Therefore, the professional
24 care facility use is considered compatible with the McClellan-Palomar Airport;
25 b. The project site is located outside of Zone 6 - Traffic Pattern Zone per Exhibit
III-2 - Compatibility Policy Map: Safety. Therefore, the proposed use does not
have a Floor Area Ratio (F.A.R.) restriction;
27
c. The project site is located within the 481' MSL horizontal surface elevation
contour of Exhibit III-3 - Compatibility Policy Map: Part 77 Airspace
Protection. The proposed finished floor elevation of the Independent Living
PC RESO NO. 6830 -4-
Unit and Assisted Living buildings, 85.5' and 106.2' above MSL, respectively,
2 will not penetrate the 481' MSL horizontal surface elevation contour of the Part
77 Airspace Protection Map. In addition, a Federal Aviation Regulation (FAR)
3 Part 77 determination has been issued to confirm this determination;
4 d. The project site is located within the Overflight Notification Area per Exhibit
<- III-4 - Compatibility Policy Map: Overflight. As such, the recordation of an
overflight notification document is required;
6
e. The project site is located within Review Area #2 of the Airport Influence Area
7 per Exhibit III-5 - Compatibility Policy Map: Airport Influence Area. Review
Area #2 consists of locations beyond Area #1 but within the airspace protection
and/or overflight notification area. As discussed above in subsections a-d, the
9 proposed uses are considered compatible and no restrictions or special
requirements other than the recordation of the overflight notification document
10 are required;
11 f. The project is located outside of the Avigation Easement Area, but is within the
,2 Overflight Notification Area per Exhibit HI-6 - Compatibility Policy Map:
Avigation Easement Area and Overflight Notification Areas. As a result, the
13 recordation of an overflight notification document is required; and
14 g. In accordance with the McClellan-Palomar ALUCP Chapter 2 - Policy 2.6.2(a),
the project has obtained a Determination of Consistency from the Airport Land
Use Commission (ALUC).
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
17 Code Section 14.28.020 and Landscape Manual Section I B).
18 8. The Planning Commission of the City of Carlsbad does hereby find:
1" a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
2Q EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
21 Program prior to RECOMMENDING APPROVAL of EIR 09-01;
22 b. the Final Environmental Impact Report, the CEQA Findings, and the Program
have been prepared in accordance with requirements of the California Environmental
Quality Act, the State EIR Guidelines and the Environmental Review Procedures of
24 the City of Carlsbad;
25 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and26
27 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
28 environment.
PC RESO NO. 6830 -5-
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
6 grading permit or recordation of a final map, whichever occurs first.
7 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
9 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
10 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
12 or a successor in interest by the City's approval of this Conditional Use Permit.
13 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
14 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
16
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of building permit issuance.
1 8 4. If any condition for construction of any public improvements or facilities, or the payment
j o 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
20 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
21 all requirements of law.
22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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
26 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
27 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
2° survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision-making body.
3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7
9. This approval is granted subject to the certification, adoption, and approval of the
Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting
9 Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96^01(D), SDP 09-02, BMP
09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission
10 Resolutions No. 6825, 6826, 6827, 6828, 6829, 6831, 6832, 6833, and 6834 for those
other approvals incorporated herein by reference and the approval letter for MS 09-04
signed by the City of Carlsbad City Engineer.
12
10. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-
13 01 Mitigation Monitoring and Reporting Program.
11. This approval shall become null and void if building permits are not issued for this
I c project within eight (8) years of project approval.
16 12. 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
17 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. A note to this effect
19 shall be placed on the Final Map.
20 13. 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
22 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
23 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
24
_, 14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
26 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
27 Carlsbad has issued an Environmental Impact Report, General Plan Amendment,
Zone Change, Local Facilities Management Plan Amendment, Residential Mobile
Home Park Permit Amendment, Conditional Use Permit, Site Development Plan,
Hillside Development Permit, Habitat Management Plan Permit and Special Use
PC RESO NO. 6830 -7-
1 Permit by Resolution(s) Nos. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833,
2 and 6834 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
3 well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
4 which modifies or terminates said notice upon a showing of good cause by the Developer
c or successor in interest.
6 15. Removal of native vegetation and development of Open Space Lot(s) 3, including but not
limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping,
7 other than that approved as part of (the grading plan, improvement plans, biological
o revegetation program, landscape plan, etc.) as shown on Exhibits "A" - "S" and "A" -
J", is specifically prohibited, except upon written order of the Carlsbad Fire Department
9 for fire prevention purposes, or upon written approval of the Planning Director, based
upon a request from the Property Owner/Management Association accompanied by a
10 report from a qualified arborist/botanist indicating the need to remove specified trees
and/or plants because of disease or impending danger to adjacent habitable dwelling
units. For areas containing native vegetation, the report required to accompany the
request shall be prepared by a qualified biologist.
13 16. CUP 09-02 shall be reviewed by the Planning Director 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 Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
16 exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
17 not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
j 9 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 Planning Director shall recommend that the Planning
20 Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning 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.
23 17. This Conditional Use Permit is granted without an expiration date. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
24 detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
26 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
27 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.
PCRESONO. 6830 -8-
19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
2 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
3
20. Developer shall a provide bus stop to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
c Planning Director. Said facilities, if required, shall be free from advertising and shall at a
minimum include a bench and a pole for the bus stop sign. The facilities shall be
6 designed to enhance or be consistent with basic architectural theme of the project.
7 21. This project (Phase 2 of Final Parcel Map, MS 09-04) has been found to result in
impacts to wildlife habitat or other lands, such as agricultural land, disturbed valley
needlegrass grassland, Diegan coastal sage scrub, and eucalyptus woodland, which
9 provide some benefits to wildlife, as documented in the City's Habitat Management Plan
and the environmental analysis for this project. Developer is aware that the City has
10 adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management
Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain
categories of vegetation and animal species. The Developer is further aware that the City
has determined that all projects will be required to pay the fee in order to be found
consistent with the Habitat Management Plan and the Open Space and Conservation
13 Element of the General Plan. Developer or Developer's successor(s) in interest shall pay
the fee prior to recordation of a final map, or issuance of a grading permit or building
14 permit, whichever occurs first. In addition to the designation of Parcel 3 as permanent
open space, the applicant shall pay habitat in-lieu mitigation fees, consistent with the
City's Habitat Management Plan (HMP) and the biological study (Merkel &
16 Associates, Addendum dated July 26, 2011), for impacts to 27.3 acres of Extensive
Agriculture (HMP Habitat Group F), 0.2 acre of Eucalyptus Woodland (HMP
17 Habitat Group F) and 1.1 acres of Disturbed Land (HMP Habitat Group F). The
fees shall be remitted prior to recordation of Phase 2 of the Final Map. If the In-lieu
Mitigation Fee for this project is not paid, this project will not be consistent with the
19 Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
20
22. Prior to issuance of a grading permit or clearing of any habitat for Phase II, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
__ Planning Director in relation to the open space lots which are being conserved for natural
habitat in conformance with the City's Habitat Management Plan:
23 a. Select a conservation entity, subject to approval by the City, which possesses
_. qualifications to manage the open space lots for conservation purposes.
25 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in
26 perpetuity in accordance with the requirements of the North County Multiple Habitats
Conservation Plan and the City's Open Space Management Plan.
28
PC RESO NO. 6830 -9-
c. Based on the results of the PAR, provide a non-wasting endowment or other financial
2 mechanism acceptable to the Planning Director and conservation entity, if any, in an
amount sufficient for management and monitoring of the open space lots in
3 perpetuity.
d. Record a Conservation Easement over the open space lot.
e. Prepare a Preserve Management Plan which will ensure adequate management of the
6 open space lots in perpetuity.
7 23. Developer shall submit a street name list consistent with the City's street name policy
subject to the Planning Director's approval prior to recordation of Phase 2 of the Final
8 Map.
9 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
10 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.
12 25. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
13 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
14 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
26. 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
17 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.18
, n 27. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including surface parking areas, walkways, recreation paths, security and decorative
20 walkways. All lighting shall be designed to complement the architectural theme of
the development, reflect downward, and avoid any impacts on adjacent homes,
21 native habitat, open space, or property. In addition, the lighting plan shall be
consistent with the mitigation requirements outlined pursuant to the Mitigation,
Monitoring and Report Program (MMRP).
23
28. Compact parking spaces shall be located in large groups, and in locations clearly marked
24 to the satisfaction of the Planning Director.
oc 29. Prior to recordation of Phase 2 of MS 09-04, the Developer shall prepare and record a
Notice that this property is subject to overflight, sight and sound of aircraft operating
from McClellan-Palomar Airport, in a form meeting the approval of the Planning
27 Director and the City Attorney (see Noise Form # 2 on file in the Planning Department).
30. Prior to occupancy of the independent living unit buildings, the Developer shall
provide all required passive and active recreational areas located within the
PC RESO NO. 6830 -10-
common courtyards and within the independent living unit buildings (i.e. interior
2 recreation space) per the approved plans (Exhibits "A" -"S", "A" - "KK", and "A"
- "T"), including landscaping. Prior to occupancy of the first cottage within each
3 cluster of cottages (i.e. north, south and west), the pocket parks and recreation areas
for each respective cluster shall be completed per the approved plans, to the
satisfaction of the Planning Director.
31. Developer shall dedicate, on Phase 2 of the Final Map, an open space easement over
g the detention and hydromodification basins as shown on Exhibits "A" - "S" to
prohibit any encroachment or development, including but not limited to fences/walls
7 (except around the perimeter), decks, storage buildings, pools, spas, and stairways.
8 32. The park amphitheater and recreation areas for the Independent Living Unit
buildings shall not be used between the hours of 10:00 p.m. and 7:00 a.m.
33. A comprehensive Sign Program shall be approved prior to the issuance of building
permits to the satisfaction of the Planning Director.
11 34. Prior to the issuance of building permits for any component of the professional care
12 facility, the applicant shall submit documentation to the satisfaction of the Planning
Director that the lease agreement/resident handbook and the employee handbook
13 include information which educates the residents/tenants regarding responsible pet
ownership. The lease agreement/handbooks shall include the following details :
a. Limits the number of domestic pets to one per unit;
] 5 b. Requires the pets to be registered with the community;
c. Requires that dogs shall be on a leash at all times outdoors;
16 d. Restricts the feeding of feral animals;
e. Limits pet access to boundaries of the senior development;
f. Prohibits pet access within the detention basins, upland open space lot and any
i o other adjacent Habitat Management Plan area which is preserved in perpetuity;
g. General education regarding spaying/neutering pets;
19 h. Refuse control around the perimeter of the property adjacent to the detention
basins, upland open space lot, and any other adjacent Habitat Management Plan
20 area which is preserved in perpetuity; and
i. General education encouraging residents to keep pets indoors, particularly at
night.
22 35. Developer shall provide a bus stop to service this development at a location and with
23 reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities shall be free from advertising and shall, at a
24 minimum, include a shelter, bench, and a pole for the bus stop sign. In addition, the
facilities shall be designed to enhance or complement the basic architectural theme
of the project.
36. In areas adjacent to the trail/walkway along the western perimeter of the
27 development where a trail safety fence, lodge pole fence, chain-link fence or
masonry wall is not provided, fencing shall be extended so as to ensure a continuous
28 fence is provided along the trail/walkway to the satisfaction of the Planning
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' Director. The type of fencing shall also be to the satisfaction of the Planning
2 Director.
3 37. A minimum of one covered parking stall per independent living unit shall be
provided. The details of the covered parking shall be provided on the building plans
and grading plans to the satisfaction of the Planning Director.
5 Fees:
6 38. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
7 required by Council Policy No. 17.
° 39. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
q Management fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050.
10 40. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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Code Reminders;
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41. 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
j 4 permit issuance, except as otherwise specifically provided herein.
15 42. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
16
43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
17 Code Section 18.04.320.
1 Q
NOTICE
19
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
20 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
22 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
23 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
24 follow that procedure will bar any subsequent.legal action to attack, review, set aside, void, or
annul their imposition.
/-i-3
26 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
27 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PCRESONO. 6830 -12-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, California, held on October 19, 2011 by the following vote,
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to wit:
4
c AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
6
NOES:
7
ABSENT:8
9 ABSTAIN:
10
STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
13 "
14 ATTEST:
15
16
DON NEU
17 Planning Director
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PC RESO NO. 6830 -13-