HomeMy WebLinkAbout1990-03-13; City Council; Resolution 90-540 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 9 0 - 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 173 UNIT SENIOR CITIZEN PROFESSIONAL CARE FACILITY ON
PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
EL CAMINO REAL AND ALGA ROAD.
CASE NAME: AYRES SENIOR CENTER
CASE NO: CUP 88-21
WHEREAS, a verified application has been filed with the City of Cai
and appealed to the City Council ; and
WHEREAS, said verified application constitutes a request as provic
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, thc
Council did, on the 20th day of February, 1990, hold a duly noticed I
hearing to consider said application on property described as:
Lot 1 of Carlsbad Tract 72-34 (Rancho La Cuesta) Unit No. 1, in the
City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8350, as recorded in the office of the County Recorder of San Diego County dated July 28, 1976.
WHEREAS, at said public hearing, upon hearing and considerinl
testimony and arguments, if any, of all persons desiring to be heard, th(
Council considered all factors relating to CUP 88-21.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the Ci
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Council APPROVED CUP 88-21, based on the following findings and su to the following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the developme the community, is essentially in harmony with the various element objectives of the general plan, and is not detrimental to existing or to uses specifically permitted in the zone in which the propose
is to be located;
e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 I
21
22
23
24
25
26
27
28
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
That the site for the intended use is adequate in size and sh; accommodate the use;
That all of the yards, setbacks, walls, fences, landscaping, and features necessary to adjust the requested use to existing or per1 future uses in the neighborhood will be provided and maintained;
That the street system serving the proposed use is adequate to pr handle all traffic generated by the proposed use providing mitigating conditions of approval are complied with. (Ord. §l(part), 1970: Ord. 9060 $1401).
The City Council has, by inclusion of an appropriate condition tc project, ensured building permits will not be issued for the PI unless the City Engineer determines that sewer service is availabll building cannot occur within the project unless sewer service r( available, and the City Council is satisfied that the requirements Public Facilities Element of the General Plan have been met insoi they apply to sewer service for this project.
All necessary pub1 ic improvements have been provided or will be rec as conditions of approval.
The appl icant has agreed and is required by the inclusion f appropriate condition to pay a public facilities fee. Performan that contract and payment of the fee will enable this body to finc public facilities will be available concurrent with need as requir the General P1 an.
The proposed project is compatible with the surrounding future 1anc since surrounding properties are designated for residential commercial development on the General P1 an.
This project will not cause any significant environmental impacts Negative Declaration has been issued by the Planning Director on Oc 18, 1989 and approved by the City Council on February 20, 1990, approving this Negative Declaration the City Council has considere initial study, the staff analysis, all required mitigation measure any written comments received regarding the significant effects project could have on the environment.
The applicant is by condition, required to pay any increase in p facility fee, or new construction tax, or development fees, an agreed to abide by any additional requirements established by a Facil ities Management P1 an prepared pursuant to Chapter 21 -90 o Carlsbad Municipal Code. This will ensure continued availabili public facilities and will mitigate any cumulative impacts created t project .
This project is consistent with the City’s Growth Management Ordi as it has been conditioned to comply with any requirement approv part of the Local Faci 1 i ti es Management P1 an for Zone 6.
2
ll e 0
Conditions:
1 1. Approval is granted for CUP 88-21, as shown on Exhibit (s) "A - "K",
Department. Development shall occur substantially as shown I
2
3
December 6, 1989, incorporated by reference and on file in the P1,
shall reflect the conditions of approval by the City. The plan 5
2. The developer shall provide the City with a reproducible 24" x 36", 4
otherwise noted in these conditions.
copy of the site plan as approved by the City Council. The si tc
shall be submitted to the City Engineer prior to issuance of bui
6 permits or improvement plan submittal , whichever occurs first.
7 3. This project is approved upon the express condition that building pf
City Engineer determines that sewer facilities are available at thc €3
will not be issued for development of the subject property unle:
of application for such sewer permits and will continue to be ava.
9 until time of occupancy.
LO
11
12
13
14
15
4. This project is also approved under the express condition tha applicant pay the public facilities fee adopted by the City Counc July 28, 1987 and as amended from time to time, and any development established by the City Council pursuant to Chapter 21.90 of the Car Municipal Code or other ordinance adopted to implement a c management system or facilities and improvement plan and to fulfil subdivider's agreement to pay the public facilities fee dated Marc
1988, a copy of which is on file with the City Clerk and is incorpc by this reference. If the fees are not paid this application wil be consistent with the General Plan and approval for this project be void.
16
6. This project shall comply with all conditions and mitigation mea 18
District, dated May 25, 1983. 17
5. Water shall be provided to this project pursuant to the Water Sf
which may be required as part of the Zone 6 Local Facilities Manag
bui 1 ding permits.
agreement between the City of Carlsbad and the Carlsbad Municipal
19 Plan and any amendments made to that Plan prior to the issuanc
20
21
22
23
7. If any condition for construction of any public improvement facilities, or the payment of any fees in lieu thereof, imposed by approval or imposed by 1 aw on this project are chal 1 enged this app shall be suspended as provided in Government Code Section 65913.5 any such condition is determined to be invalid this approval sha invalid unless the City Council determines that the project withou condition complies with all requirements of law.
24 8. Approval of this request shall not excuse compliance with all sec
25 of the Zoning Ordinance and all other applicable City ordinancc
26
27 3
effect at time of building permit issuance.
28
ll m 0
9.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10.
11.
12.
13.
This approval shall become null and void if building permits ar issued for this project within one year from the date of pi approval.
Approval of CUP 88-21 is granted subject to the approval of SUP 8
This conditional use permit is granted for a period of five (5) : This conditional use permit shall be reviewed by the Planning Dil
on a yearly basis to determine if a1 1 conditions of this permit hav met and that the use does not have a significant detrimental imp; surrounding properties or the publ ic health and welfare. If the P1' Director determines that the use has such significant adverse iml the Planning Director shall recommend that the Planning Commission, providing the permittee the opportunity to be heard, add addi conditions to mitigate the significant adverse impacts. This perm be revoked at any time after a public hearing, if it is found th use has a significant detrimental affect on surrounding land uses a publ ic's health and welfare, or the conditions imposed herein ha' been met. This permit may be extended for a reasonable period o not to exceed ten (10) years upon written application of the per made no less than 90 days prior to the expiration date. In grantin extension, the Planning Commission shall find that no substantial a affect on surrounding land uses or the public's health and welfar result because of the continuation of the permitted use. substantial adverse affect on surrounding land uses or the pu health and welfare is found, the extension shall be considered original application for a conditional use permit. There is no li the number of extensions the Planning Commission may grant.
Prior to the issuance of the building permits there shall be i restriction placed on the deed to this property subject t satisfaction of the Planning Director notifying all interested p and successors in interest that the City of Carlsbad has is5 Conditional Use Permit by Resol uti on No. 90-54 on the real pr owned by the declarant. Said deed restriction shall note the pr description, location of the file containing complete project detai a1 1 conditions of approval as we1 1 as any conditions or restri specified for inclusion in the deed restriction. Said restriction(s) may be modified or terminated only with the appro the Planning Director, Planning Commission or City Council of th of Carlsbad whichever has final decision authority for this projc
The following requirements shall be made part of the lease agr executed for all rentals at this project and be included in th
restriction:
a. The minimum age of at least one occupant of each unit sh sixty (60) years of age except for the manager's unit.
b. The minimum age for any occupant of any unit shall be fift (55) years of age.
4
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 16-
17
18
14.
15.
19 17.
20
21
22 18-
23
24
25
19*
26
27
28
c. There shall be no more than one person residing in any studio
d. There shall be no more than two people residing in any one-bl unit.
e. There shall be no more than three people residing in anJ bedroom unit, and that two of the three will be at least sixt years of age, and the third person over fifty-five (55), I that if the third person is a live-in nurse or attendant re1 for medical reasons.
f. Fifty-five and five tenths percent (55.5%) of the units sh, limited to occupancy by tenants who do not have automobiles. equates to a maximum of 77 units that can be occupied by t who have automobiles. Of the remaining parking 15 spaces sh reserved for employees and 15 for guests of the facility.
g. Prior to any rentals the lease shall be summarized to the Ci approval.
Fifteen (15) parking spaces shall be reserved for employees and f (15) parking spaces shall be reserved for visi tors. All employ1 visitor parking spaces shall be striped a different color th; assigned resident parking spaces and shall be clearly marked as approved by the Planning Director.
Prior to the issuance of any oermits for the project the applicant present evidence that he has obtained licensing of the facilitj Residential Facility for the Elderly from the State of Calif Community Care Licensing Division.
Trash receptacle areas shall be enclosed by a six-foot high masonr with gates pursuant to City standards. Location of said recep shall be approved by the Planning Director. Enclosure shall similar colors and/or materials to the project to the satisfaction P1 anni ng Director.
All roof appurtenances, including air conditioners, sha- architecturally integrated and concealed from view and the sound bu from adjacent properties and streets, in substance as provic Building Department Policy No. 80-6, to the satisfaction of the Dir of Planning and Building.
An exterior lighting plan including parking areas shall be submit1 P1 anni ng Director approval . A1 1 1 ighting shall be designed to r downward and avoid any impacts on adjacent homes or property.
The applicant shall prepare a detailed landscape and irrigatio which shall be submitted to and approved by the Planning Director to the issuance of grading or building permits, whichever occurs
- 5
0 0
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20. All landscaped areas shall be maintained in a healthy and th condition, free from weeds, trash, and debris.
21. The developer shall install street trees at the equivalent of 4 intervals along all public street frontages in conformance with C Carl sbad standards. The trees shall be of a variety selected fr approved Street Tree List.
22. Any signs proposed for this development shall at a minimum be de:
in conformance with the City's Sign Ordinance and shall require 1 and approval of the Planning Director prior to installation of signs.
23. The appl icant shall prepare a detailed 1 andscape and irrigatior which shall be submitted to and approved by the Planning Director to the issuance of grading or building permits, whichever occurs
24. The project shall provide bus stop facilities at locations subject satisfaction of the North County Transit District. Said facilities at a minimum include a bench, free from advertising, and a pole f bus stop sign. The bench and pole shall be designed in a manner to not detract from the basic architectural theme of the project an! design shall be subject to the approval of the Planning Directc North County Transit District.
25. As part of the plans submitted for building permit plan check applicant shall include a reduced version of the approving resoll on a 24" x 36" blueline drawing. Said blueline drawing(s) shall include a copy of any applicable Coastal Development Permit and : approved site plan.
26. Prior to issuance of a grading or building permit, whichever comes . a soils report shall be prepared and submitted to the City of Car' If the soils report indicates the presence of potential fossil bl material then a standard two phased program, on file in the P1;: Department, shall be undertaken to avoid possible significant impac pal eontol ogical resources under the direction of the P1 anning Deparl
27. The appl icant shall be responsible for imp1 ementing the re( mitigation measures. All submittals to the City of Carlsbad to fL the conditions of the Mitigated Negative Declaration shall refer 1) the project file No. CUP 88-21/SUP 89-5; 2) This Ne< Declaration's State Clearinghouse No. and 3) the specific miti{ number 1 i sted bel ow.
A) Earth and Water - Runoff from the project is convey1 environmentally sensitive areas. The developer shall pl adequate means of eliminating grease and oils from drainage to discharge. Plans for such improvements shall be approv the City Engineer prior to issuance of any building permits fc site.
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e m
B) Noise - The following requirements shall be noted on the bu
pl ans :
I. The required glazing for the project to meet the Stai City interior noise criteria of 45 dB CNEL is as follo
a. Standard single strength glass, or windows with a Transmission C1 ass (STC) rating of 22 or greater f windows on all elevations of all units of the pro
b. All sliding glass doors (SGD) shall be 3/16 inch 1
c. All entry doors shall be 1 3/4 inch solid core.
11. Since windows and doors must be closed to meet the in noise standard, mechanical ventilation which meets tl change requirements of the UBC must be provided in shaded on the site plan of the project attached to the i study. Where windows are required to be unopenable o closed in order to meet the interior noise stan mechanical ventilation and cooling, if necessary, sh; provided to maintain a habitable environment. The shall supply two air changes per hour to each habitabl including 20% (one-fifth) fresh make-up air obtained di from the outdoors. The fresh air inlet duct shall be of attenuating construction and shall consist of a minimum feet of straight or curved duct or six feet plus one sh degree bend.
C. Transportation/Circulation - Participate in the reconstruct the Alga Road/El Camino Real intersection as required by th 6 Local Facil i ties Management P1 an.
28. Prior to the issuance of grading or building permits the p applicant shall receive a Coastal Development Permit from the Cali Coastal Commission that approves development that is in subst conformance with the City approval. Evidence that the permit ha received shall be submitted to both the Planning and Engin Departments.
29. Prior to the issuance of building permits, a detailed conversio shall be approved by the P1 anning Department. Security to impleme conversion plan shall also be provided in a form acceptable . Planning Director and the City Attorney based on a construction es to perform the work which shall accompany the security.
30. Covered access shall be provided from all units to the corn center/dining area which will enable residents to be protectec inclement weather conditions when traveling to that facility. shall be provided to the satisfaction of the Planning Director.
7
I/ e m
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Enqineerinq Conditions:
31. The developer shall obtain a grading permit prior to the commencem any clearing or grading of the site.
32. The grading for this project is defined as "controlled gradir Section 11.06.170(a) of the Carlsbad Municipal Code. Grading sh performed under the observation of a civil engineer whose responsi it shall be to coordinate site inspection and testing to I compl i ance of the work with the approved grading pl an, submit rec reports to the City Engineer and verify compl iance with Chapter 11 the Carlsbad Municipal Code.
33. No grading shall occur outside the limits of the project unless a ' of permission is obtained from the owners of the affected propert
34. All slopes within this project shall be no steeper than 2:l.
35. Prior to hauling dirt or construction materials to any prl construction site within this project the developer shall submit ' receive approval from the City Engineer for the proposed haul route developer shall comply with all conditions and requirements the Engineer may impose with regards to the hauling operation.
36. The developer shall exercise special care during the construction
of this project to prevent any offsite siltation. The developer provide erosion control measures and shall construct temr desiltation/detention basins of type, size and location as appro\ the City Engineer. The basins and erosion control measures sha shown and specified on the grading plan and shall be constructed 1 satisfaction of the City Engineer prior to the start of any other gr operations. Prior to the removal of any basins or facilitil constructed the area served shall be protected by additional dr: facilities, slope erosion control measures and other methods requil approved by the City Engineer. The developer shall maintair temporary basins and erosion control measures for a period of satisfactory to the City Engineer and shall guarantee their mainte and satisfactory performance through cash deposit and bonding in ar and types suitable to the City Engineer.
37. Additional drainage easements and drainage structures shall be prc or installed as may be required by the City Engineer.
38. This project is located within the Batiquitos Lagoon management All development design shall comply with the requirements of that
39. Runoff from this project is conveyed to environmentally sensitive t The subdivider shall provide adequate means of eliminating greas oils from drainage prior to discharge. Plans for such improvements be approved by the City Engineer prior to issuance of grading or bui permit.
8
e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
40. The developer shall make an offer of dedication to the City fc public streets and easements required by these conditions or shown Site Development P1 an. The offer shall be made prior to the issua any building permit for this project. All land so offered sh, granted to the City free and clear of a1 1 1 iens and encumbranc, without cost to the City. Streets that are already pub1 ic a1 required to be rededicated.
41. The developer shall obtain the City Engineer's approval of the p
improvement plans and enter into a secured agreement with the Ci, completion of said improvements prior to issuance of any building within this project. The improvements shall be constructed and ac for maintenance by the City Council prior to issuance of a Certi of Occupancy for any unit within the project. The improvements a
A. El Camino Real widening and bus turnout including guardrail Alga Road and El Camino Real, as required by City Engineer.
B. Alga Road widening as required to provide dual left turn la
C. Full width median in El Camino Real from Alga Road to the sou of the project frontage including dual left turn 1 anes a'[ Road .
D. Reconstruction of the Alga Road/El Camino Real intersecti required by Zone 6 and Zone 19 Local Facil i ties Managemeni (Primarily Signal and Island Traffic Reconstruction).
42. Improvements listed above shall be constructed within 12 mont improvement plan approval, Item "C" may be deferred by the City En1 provided appropriate bond or cash deposit be filed. Item "D" I constructed by others. Prior to issuance of grading or building p an approved agreement of responsi bi 1 i ty between adjacent developers be filed with the City of Carlsbad.
43. Unless a standard variance has been issued, no variance from Standards is authorized by virtue of approval of this Site Plan.
44. Prior to issuance of any building permit for the project, the devc shall submit a detailed report prepared by a registered civil en! acceptable to the City on the existing condition of the Ayres trunkline. The report shall be based upon a video inspection ( trunkline adjacent to the project site and extending to the sewel station. The video tapes shall be submitted to the City Enginee' the report and shall become the property of the City. The report detail the condition of the pipe and recommend any remedial me necessary to bring the sewer line into conformance with City Stan1 If any repairs are necessary the developer shall submit a prt schedule of repairs and a method of financing such repairs accei to the City Engineer. This condition may be satisfied by ad; developers with similar conditions.
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
45.
46.
47.
48.
49.
50.
51.
52.
53.
0 e
Repair or reconstruction of the Ayres sewer trunkline shall be cor prior to occupancy of any portion of this project unless demonstrated to the satisfaction of the City Engineer and the P1 Director that:
* Adequate capacity is avail able to accommodate the sewage flc
* An agreement and appropriate security (bond) is accepted
this project, and
City of Carl sbad. The agreement shall guarantee the proport share of this project (by equivalent dwelling unit) for the or reconstruction of the Ayres sewer main, pump station or main, including but not 1 imi ted to; manholes, 1 ateral s, trun facilities, pump station and force mains.
The developer shall comply with a1 1 the rules, regulations and requirements of the respective sewer and water agencies reg services to the project.
This project is approved specifically as 1 (single) phase.
The design of all private streets and drainage systems shall be ap by the City Engineer prior to issuance of any grading or building p for this project. The structural section of all private streets conform to City of Carl sbad Standards based on R-Val ue tests. private streets and drainage systems shall be inspected by the Cit the standard improvement plan check and inspection fees shall b prior to issuance of any grading or building permit for this pro:
Additional onsite fire hydrant is required for this project. developer shall prepare water system improvement plans and a pub1 ic easement to the satisfaction of the Water District Engineer prior issuance of a building permit for the project.
A1 1 private driveways shall be kept clear of parked vehicles i times, and shall have posted "NO Parking/Fire Lane Tow Away pursuant to Section 17.04.040, Carlsbad Municipal Code.
The developer shall be responsible for coordination with S.D. Pacific Telephone, and Cable TV authorities.
The applicant shall agree to utilize reclaimed water, in Type I fc the subject property in all common areas as approved by thc Engi neer.
Irrigation systems to accommodate future reclaimed water sha designed consistent with Title 17 of the California Administrative Offsite future reclaimed water distribution systems should be antic by the installation of adequately sized sleeves at crossing poi minimize street excavation.
10
li 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
54. The developer shall offer for dedication right of way along El Real to accommodate an additional south bound lane. Specific din shall be determined by City Engineer.
Fire Conditions:
55. Prior to the issuance of building permits, complete building plan: be submitted to and approved by the Fire Department.
56. Additional public and/or onsite fire hydrants shall be provided if necessary by the Fire Marshal .
57. The appl icant shall submit two (2) copies of a site plan s 1 ocations of existing and proposed fire hydrants and onsi te roa drives to the Fire Marshal for approval.
58. An all-weather access road shall be maintained throughout constru
59. A1 1 required fire hydrants, water mains and appurtenances sh operational prior to combustible building materials being located project site.
60. Proposed security gate systems shall be provided with 'IKnox'l key op override switch, as specified by the Fire Department.
61. All private driveways shall be kept clear of parked vehicles times, and shall have posted "NO Parking/Fire Lane - Tow Away pursuant to Section 17.04.040, Carlsbad Municipal Code.
62. Fire retardant roofs shall be required on all structures.
63. All fire alarm systems, fire hydrants, extinguishing systems, aut sprinklers, and other systems pertinent to the project shall be sut to the Fire Department for approval prior to construction.
64. All roof-top appurtenances shall be architecturally integrated in design of the building and shielding to prevent noise and visual im subject to approval before issuance of permit.
65. All buildings other than Group "M" occupancies shall be protec automatic fire spri n kl ers.
66. Appl icant shall disclose to Fire Department intent to provide any s requiring a license.
Carlsbad Municipal Water District Conditions:
67. The entire potable and non-potable water system/systems for s project shall be evaluated in detail to ensure that adequate capaci pressure for domestic, landscaping and fire flow demands are met.
11
0 e
1
2
3
4
5
6
7
68. The developer' s engineer shall schedule a meeting with the Di Engineer and the City Fire Marshal and review the preliminary system layout prior to preparation of the water system improvement
69. The developer will be responsible for a1 1 fees and deposits pl major facility charge which will be collected at time of issua bui 1 ding permit .
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City C
of the City of Carl sbad, Cal ifornia, held on the 13th day of Marc
1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
8 I/ NOES: Council Member Pettine
9
'LO
11
12
13
ABSENT: Council Member Kulchin
ABSTAIN: None
I 14 I/ ATTEST:
15
16
'
ALl?TtiA LJRwENmNZ, City Clerk
17
18
KAREN R. KUNDTZ, Deputy City Clerk
(SEAL)
19 I
20
21
22
23
24
25
26
27 !I 12
28